EPA and the U.S. Army Corps of Engineers’ new rule repealing the 2015 “Clean Water Rule,” will be published in the Federal Register tomorrow.
The “repeal rule” will take effect December 20, 2019, providing nationwide consistency regarding the jurisdiction of Waters of the U.S. and ending the current state-by-state patchwork of where the 2015 Clean Water Rule is in effect. As of December 20, the regulatory interpretation of Waters of the U.S. in place prior to the Clean Water Rule will be the basis for determining jurisdiction.
This is the final act for the first step in a repeal and replace process, with EPA and the Corps continuing to work on a new Waters of the U.S. rulemaking which they expect to publish early in 2020.