From the repeal and replacement of the 2015 definition of Waters of the United States and opening up the National Environmental Policy Act procedures, to reevaluating regulations on listing species and designating critical habitat, the spring Unified Agenda sets a busy schedule for the year ahead.
Army Corps of Engineers

• Review rules related to the review and approval of mitigation banks and in-lieu fee programs for compensatory mitigation;


• Align the administrative appeal process with the 2016 Supreme Court decision allowing approved jurisdictional determinations to be challenged in court;


• Modify select nationwide permits to meet requirements of Executive Order 13783 (related to energy independence).

• Review existing CEQ regulations implementing the procedural requirements of the National Environmental Policy Act (NEPA) pursuant to Executive Order 13807 (related to the environmental review process).

• Repeal and replace the 2015 Waters of the United States Rule; EPA anticipates finalizing the repeal by November 2018, releasing the proposed replacement rule by August 2018 and finalizing that rule approximately a year later in 2019 (with the Army Corps of Engineers);


• Propose a new rule this June on spill prevention rule for hazardous substances;


• Address residential dust-lead hazard standards and the definition of lead-based paint with a proposed rule this June – consideration of expanding the current lead paint “work practice” rules to public and commercial buildings remains on the long-term agenda;


• On the long-term agenda, EPA plans to update its regulations for when states can assume administration of the Clean Water Act 404 permits.  This means that states, not the Corps, could make wetlands decisions for projects.

• Clarify and improve rules governing interagency cooperation related to Endangered Species Act Section 7 implementation;


• Review and revise regulations for listing of species and for designation of critical habitat;


• Update list of migratory birds.