EPA and the Army Corps of Engineers sent the final Clean Water Rule – also commonly referred to as the “Waters of the U.S.” rule – to the Office of Management and Budget (OMB) for review on April 3. Contents of the final rule package have not been released, but recent comments by EPA officials, including those by EPA Administrator Gina McCarthy at AMWA’s Water Policy Conference in March, indicate that the final version of the rule will include numerous clarifications that address concerns expressed by stakeholders during the public comment period for the proposed rule.
Officially, the Clean Water Rule is scheduled for finalization by the end of April, but EPA and the Corps seem unlikely to meet that target. Although a less than 30-day turnaround from OMB is not unheard of, a review period of at least 90 days – and often much longer – is more common for complex or controversial rules such as the Clean Water Rule. Revisions by EPA and the Corps in response to OMB comments could then extend the date for finalization out even further.