[Federal Register Volume 72, Number 228 (Wednesday, November 28, 2007)]
[Notices]
[Page 67304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5867]



[[Page 67304]]

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ENVIRONMENTAL PROTECTION AGENCY

[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.

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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:
    <bullet> http:/www.regulations.gov: Follow the on-line instructions 
for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#733c245e371c10181607331603125d141c05"><span class="__cf_email__" data-cfemail="f3bca4deb79c90989687b3968392dd949c85">[email protected]</span></a>. Include the docket number, EPA-
HQ-OW-2007-0282 in the subject line of the message.
    <bullet> Mail: Water Docket, Environmental Protection Agency, 
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    <bullet> 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.
    <bullet> 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="/cdn-cgi/l/email-protection#3b695a4b5a55544815785456565e554f487b4e485a585e155a49564215565257"><span class="__cf_email__" data-cfemail="d381b2a3b2bdbca0fd90bcbebeb6bda7a093a6a0b2b0b6fdb2a1beaafdbebabf">[email protected]</span></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="/cdn-cgi/l/email-protection#85c6d2c4f2e4f1e0f7f6c5e0f5e4abe2eaf3"><span class="__cf_email__" data-cfemail="d0938791a7b1a4b5a2a390b5a0b1feb7bfa6">[email protected]</span></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 http://www.epa.gov/owow/wetlands/guidance/CWAwaters.html and on the Corps' Web site at http://www.usace.army.mil/cw/cecwo/reg/.

    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]
BILLING CODE 6560-50-M


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