Agencies extend ‘US waters’ comment period

The Environmental Protection Agency and the U.S. Army Corps of Engineers have announced that they are extending the public comment period for a proposed new rule, specifying what is meant by “the waters of the United States.” The original deadline of July 21 for comments is now extended to Oct. 20.

The definition of what is meant by U.S. waters determines the extent of the territory that comes under federal jurisdiction in the application of the federal Clean Water Act, thus placing the new rule at the center of a contentious debate over the extent of federal permitting authority in state lands. This is a particularly tricky issue in Alaska, with its myriad waterways and water bodies.

The agency says that developing a final rule will require significant public involvement and that specifying waterways referred to as “other waters” in the proposed rule is proving particularly challenging.

- Alan Bailey