Lion's office will be closed November 27 and 28. Online training support is available every day from 8:30 AM to 5 PM ET via support@lion.com.
Search

EPA Extends Comment Period on WOTUS Rule Recodification

Posted on 8/25/2017 by Roger Marks

US EPA this week extended the public comment period for its proposed rule to recodify the definition of Waters of the United States (WOTUS). A key element of the Clean Water Act, the WOTUS definition expanded by US EPA and the Army Corps of Engineers in 2015.

Public comments on EPA’s WOTUS recodification proposal will now be accepted until September 27, 2017.


What is WOTUS?

watersNPDES.jpgThis definition of WOTUS sets the standard for which bodies of water EPA has authority to regulate under its Clean Water programs, including oil discharge notifications; oil spill prevention, control, and countermeasure (SPCC); permits to discharge pollutants or dredge/fill bodies of water; the “per-industry standards” at 40 CFR 405—471; and more.

When EPA and the Army expanded the WOTUS definition two years ago, industry groups feared that a broader definition could give regulators power to apply restrictions and requirements to activities and bodies of water not previously impacted by the Clean Water Act.

While the Final Rule took effect on August 28, 2015, it wasn’t for long. In October, a DC circuit court issued a nationwide stay of the expanded WOTUS definition.

 In February of this year, the President of the US issued an Executive Order requiring US EPA and the Army to rescind or revise the rule as appropriate.


What’s Next for WOTUS?

Before the 2015 Final Rule, EPA enforced a more narrow interpretation of “navigable” waters with respect to the WOTUS definition. The President’s EO requires EPA to adhere to that stricter definition of “navigable” as interpreted by Supreme Court Justice Anton Scalia in his opinion in the case Rapanos v. United States.

In that opinion, Scalia references an 1870 Supreme Court Case, The Daniel Ball, in which the court interpreted “navigable waters” to mean waters that are “navigable in fact or susceptible to being rendered so.”


Earn 7 LSRP CECs at the Complete EPA Regs Training in Sparta, NJ

New for LSRPs! The Complete Environmental Regulations Workshop in Sparta, NJ is now approved by the NJ Site Remediation Professional Licensing Board (SRPLB) for 7 regulatory CEC’s for Licensed Site Remediation Professionals (LSRP) in New Jersey.

Join us for this unique workshop on November 6—7 and get up to date the major EPA programs that impact your site—the Clean Air Act, Clean Water Act, TSCA, EPCRA, CERCLA, FIFRA, and RCRA hazardous waste basics. In addition to LSRP credit, this workshop is approved for continuing education credit with IHMM, NEHA, and ABIH.  Plus, get a full year of Lion Membership for ongoing regulatory support and fast answers toy our compliance questions. 
 

Tags: Act, Clean, EPA, new rules, Water

Find a Post

Compliance Archives

Lion - Quotes

The training was impressive. I am not a fan of online training but this was put together very well. I would recommend Lion to others.

Donnie James

Quality Manager

The instructor was very patient and engaging - willing to answer and help explain subject matter.

Misty Filipp

Material Control Superintendent

Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs.

Neil Luciano

EHS Manager

Lion Technology workshops are amazing!! You always learn so much, and the instructors are fantastic.

Dorothy Rurak

Environmental Specialist

Energetic/enthusiastic! Made training enjoyable, understandable and fun!

Amanda Walsh

Hazardous Waste Professional

The instructor created a great learning environment.

Avinash Thummadi

CAD & Environmental Manager

I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.

Pamela Embody

EHS Specialist

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

I can't say enough how pleased I was with this course! Everything finally makes sense.

Kim Graham

Lab Manager

This training broke down the regulations in an easy-to-understand manner and made them less overwhelming. I now feel I have the knowledge to make more informed decisions.

Amanda Oswald

Shipping Professional

Download Our Latest Whitepaper

Your hazmat paperwork is the first thing a DOT inspector will ask for during an inspection. From hazmat training records to special permits, make sure your hazmat documents are in order.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.