EPA Formally Proposes Delay for WOTUS Rule

A delay for the effective date of the Waters of the U.S. (WOTUS) rule is formally being proposed by the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers, according to a document submitted for publication in the Federal Register.Delaying the effective date until two years after a final rule on the proposal would "maintain the status quo by proposing to amend the effective date of the 2015 Rule and thus provide continuity and regulatory certainty for regulated entities," the notice said. EPA had previously signaled they would delay the effective date of the WOTUS rule, and the action announced today formalizes that effort.The move comes as the agencies look to rework or scuttle WOTUS, and after its implementation was stayed nationwide in October 2015 by the U.S. Court of Appeals for the Sixth Circuit. The 2015 WOTUS rule sought to redefine waterways under the Clean Water Act (CWA).In its proposal, the agencies cited President Donald Trump's February executive order, which instructed them to review the 2015 rule.Given the move, and the previous stay, the previous definition of "Waters of the U.S." that existed prior to the issuance of the 2015 rule would remain in effect until EPA is able to promulgate a replacement. Comments on the proposed delay will be accepted for 21 days following its publication in the Federal Register.