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GLIN==> Rapanos decision guidance - extension of comment period

[Federal Register: November 28, 2007 (Volume 72, Number 228)]
[Page 67304]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]


[EPA-HQ-OW-2007-0282; FRL-8499-8]

EPA and Army Corps of Engineers Guidance Regarding Clean Water
Act Jurisdiction After Rapanos

AGENCIES: U.S. Army Corps of Engineers, DoD; and U.S. Environmental
Protection Agency (EPA).
ACTION: Notice; extension of comment period.


SUMMARY: On June 5, 2007, the U.S. Environmental Protection Agency and
U.S. Army Corps of Engineers announced agency guidance regarding Clean
Water Act (CWA) jurisdiction following the U.S. Supreme Court's
decision in the consolidated cases Rapanos v. United States and
Carabell v. United States (``Rapanos''). The agencies issued this
guidance to ensure that jurisdictional determinations, administrative
enforcement actions, and other relevant agency actions being conducted
under CWA section 404 are consistent with the Rapanos decision and
provide effective protection for public health and the environment. A
six-month public comment period to solicit input on early experience
with implementing the guidance began on June 8, 2007. The agencies are
extending the public comment period by 45 days.

DATES: Public comments are now due by January 21, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2007-0282, by one of the following methods:
    ? <A HREF="http://www.regulations.gov";>http://www.regulations.gov</A>: Follow the on-line instructions
for submitting comments.
    ? E-mail: <A HREF="mailto:OW-Docket@epa.gov";>OW-Docket@epa.gov</A>. Include the docket number, EPA-
HQ-OW-2007-0282 in the subject line of the message.
    ? Mail: Water Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    ? Hand Delivery: 1301 Constitution Ave., NW., Room 3334,
Washington, Dc 20460. Such deliveries are only accepted during the
Docket's normal hours of operations, and special arrangements should be
made for deliveries of boxed information.
    ? Instructions: Instructions for submitting comments are
provided in the notice published on June 8, 2007 (72 FR 31824).
Consideration will be given to all comments received by January 21, 2008.

FOR FURTHER INFORMATION CONTACT: Russell Kaiser, Regulatory Community
of Practice (CECW-CO), U.S. Army Corps of Engineers, Headquarters, 441
G Street, NW., Washington, DC 20314; telephone number: (202) 761-7763:
fax number: (202) 761-5096; e-mail address:
<A HREF="mailto:Rapanos.Comments@usace.army.mil";>Rapanos.Comments@usace.army.mil</A>. Donna M. Downing, Office of Water
(4502T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 566-1783; e-mail address:
<A HREF="mailto:CWAwaters@epa.gov";>CWAwaters@epa.gov</A>.

SUPPLEMENTARY INFORMATION: In the June 8, 2007, issue of the Federal
Register (72 FR 31824), the U.S. Environmental Protection Agency and
U.S. Army Corps of Engineers announced the issuance of agency guidance,
which took effect on that date, regarding Clean Water Act (CWA)
jurisdiction following the U.S. Supreme Court's decision in the
consolidated cases Rapanos v. Carabell v. United States (126 S. Ct.
2208 (2006)) (``Rapanos'').
    The agencies invited public comment and case studies during the
first six months implementing the guidance, only early experience with
implementing the guidance. Several entities have requested an extension
of the comment period for the guidance. The EPA and the Corps find that
a 45-day extension of the comment period is warranted. Therefore, the
comment period is extended until January 21, 2008.
    The agencies, within nine months after the Rapanos guidance was
issued, intend to either reissue, revise, or suspend the guidance after
carefully considering the public comments received and field experience
with implementing the guidance. A copy of the guidance can be found on
EPA's Web site at <A HREF="http://www.epa.gov/owow/wetlands/guidance/CWAwaters.html";>http://www.epa.gov/owow/wetlands/guidance/
CWAwaters.html</A> and on the Corps' Web site at <A HREF="http://www.usace.army.mil/cw/cecwo/reg/";>http://www.usace.army.mil/

    Dated: November 21, 2007.
Benjamin H. Grumbles,
Assistant Administrator for Water, U.S. Environmental Protection Agency.
[FR Doc. 07-5867 Filed 11-27-07; 8:45 am]

Alex J. Sagady & Associates        http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy, 
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