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October 2014

Vol. 19, No. 43 Week of October 26, 2014

EPA extends public comment to Nov. 14

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers have extended the public comment period on the proposed definition of “Waters of the United States” under the Clean Water Act to Nov. 14.

The proposed rule was published in the spring with comments closing July 21, a date which was later extended to Oct. 20 and has now been extended for a third time (see story on proposed rule in March 30, 2014, edition).

The agencies said the extension to Nov. 14 is at the request of stakeholders and to allow comments on new supporting materials which were to be available from the Science Advisory Board by Oct. 20.

Under the proposed rule, all territorial seas, navigable waters, interstate water and tributaries of these waters would be considered U.S. waters, as would navigable water impounded behind a structure such as a dam. The rule also defines tributaries. All waters, including wetlands, adjacent to these water categories would also be waters of the U.S.

U.S. Sen. Lisa Murkowski, R-Alaska, slammed the proposed rule when it came out, saying it would place most rain-dependent and seasonal pools, as well as wetlands near rivers and streams, under federal permitting jurisdiction.

Peter Lehner, executive director of the Natural Resources Defense Council, called it good news and said EPA was applying commonsense protections.

- Petroleum News






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