EPA Work Continues at the Former Exide Technologies Facility in Laureldale, PA

FOR IMMEDIATE RELEASE Contact:  R3press@epa.gov EPA Work Continues at the Former Exide Technologies Facility in Laureldale, PA PHILADELPHIA (June 16, 2021) – The U.S. Environmental Protection Agency is continuing cleanup work at the former Exide facility in Laureldale, Pa., despite the recent bankruptcy of the property's corporate owner.  In May 2020, Exide Technologies LLC filed Chapter 11 bankruptcy. As a result of the bankruptcy settlement in October 2020, Exide dissolved, and the court established an   Environmental Response Trust to address the environmental liabilities at the Laureldale site.  Contamination at the facility consists of elevated levels of lead and specific heavy metals in soils, sediment, and groundwater. EPA and the Pennsylvania Department of Environmental Protection (PADEP) are working with the Trustee to allocate the limited amount of money in the Trust to maintain the facility and to ensure that human health and the environment are protected.  EPA is conducting a Superfund removal action at the facility and site evaluation to determine if hazardous substances pose threats which warrant prompt response actions to protect human health and the environment. Five baghouses and associated ductwork containing high concentrations of hazardous substances are prioritized for removal response actions. The removal work is currently in the startup phase, which includes mobilizing personnel and equipment, working on health and safety and field sampling/air monitoring plans, and considering options for decontamination and demolition operations. The work to remove the five baghouses is expected to begin in mid to late June. While that work is ongoing, EPA will continue to evaluate threats and determine whether additional response actions are required to mitigate imminent and substantial endangerment to the community. EPA works to help facilities in need of cleanup to locate opportunities for safe and sustainable reuse. A Wisconsin developer, an affiliate of Phoenix Investors ("Phoenix"), has expressed interest in purchasing the former Exide Laureldale property and redeveloping a portion of it into a warehouse distribution center and potentially some light manufacturing. If Phoenix were to purchase the property, the cleanup and redevelopment of the site will proceed under the PADEP Land Recycling Program, also known as the Act 2 program. Phoenix will determine the feasibility of acquiring the property after the completion of EPA's evaluation of the property.  A public/virtual meeting will occur by the end of the summer to present the activities and status of the former Exide facility. For more information on EPA's cleanup activities at the former Exide Technologies facility go to: https://www.epa.gov/hwcorrectiveactionsites/hazardous-waste-cleanup-exide-trust-reading-aka-former-exide-technologies

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EPA Announces Winners in New York and New Jersey for the 2021 Green Chemistry Challenge Awards

CONTACT: mcbay.stephen@epa.gov   EPA Announces Winners in New York and New Jersey for the 2021 Green Chemistry Challenge Awards Five winners recognized nationwide for innovative technologies that decrease hazardous chemicals, improve community health, reduce costs, and spur economic growth   NEW YORK (June 15, 2021) – Today, the U.S. Environmental Protection Agency (EPA) announced the winners of the 2021 Green Chemistry Challenge Awards, including New York organization Bristol Myers Squibb and New Jersey organization Merck & Co.  Green chemistry is the design of chemical products and processes that reduce or eliminate the generation and use of hazardous substances. "Green chemistry is one way to provide solutions to some of the significant environmental challenges we're facing today, like exposure to toxic chemicals, dependence on non-renewable sources, and climate change," said EPA Office of Chemical Safety and Pollution Prevention Principal Deputy Assistant Administrator Michal Freedhoff. "The innovative technologies we celebrate today are great examples of how green chemistry is protecting our environment, preventing pollution at its source, and keeping U.S. business globally competitive by creating more sustainable products." The 2021 Region 2 winners are: Bristol Myers Squibb, New York, for a new class of sustainable reagents – substances used to cause a chemical reaction. These new reagents use less solvents and are derived from limonene, a waste product from discarded citrus peels, which increases sustainability and decreases environmental impact. They also can tolerate air and moisture better than traditional reagents, eliminating the need for expensive technology and specialized shipping and storage.   Merck & Co., New Jersey, for developing a green and sustainable manufacturing process for a drug used to treat chronic coughs. By incorporating green chemistry techniques into the manufacturing process, the team not only replaced two highly toxic and hazardous chemicals, it also reduced carbon monoxide and carbon dioxide emissions. Life-cycle assessment data shows that these changes are expected to decrease the carbon footprint of manufacturing this drug by more than 80 percent. EPA recognized the winners today during the virtual American Chemical Society Green Chemistry & Engineering Conference. This year's awards have special meaning because it's also the 25th anniversary of the Green Chemistry Challenge Awards. During the quarter century of the Green Chemistry program, EPA and the American Chemical Society, which co-sponsor the awards, have received more than 1,800 nominations and presented awards for 128 technologies that decrease hazardous chemicals and resources, reduce costs, protect public health and spur economic growth. Winning technologies are responsible for annually reducing the use or generation of hundreds of millions of pounds of hazardous chemicals and saving billions of gallons of water and trillions of BTUs in energy. An independent panel of technical experts convened by the American Chemical Society Green Chemistry Institute formally judged the 2021 submissions and made recommendations to EPA for the 2021 winners. More information: https://www.epa.gov/greenchemistry Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://facebook.com/eparegion2   21-041

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Enforcement of Clean Air Act Results in Settlement with Atlantic County Utilities Authority

CONTACT: John Senn, senn.john@epa.gov, 212-637-3662   Enforcement of Clean Air Act Results in Settlement with Atlantic County Utilities Authority NEW YORK (June 11, 2021) — The U.S. Environmental Protection Agency (EPA) announced that the U.S. Department of Justice filed a motion on June 8, 2021 to enter a settlement with the Atlantic County Utilities Authority (ACUA) in the U.S. District Court for the District of New Jersey that resolves violations of Clean Air Act and New Jersey Air Pollution Control Act regulations at ACUA's wastewater treatment plant in Atlantic City, N.J. Under the proposed settlement, ACUA will take a series of steps to bring the facility into compliance with federal and state laws that protect clean air by reducing pollution from sewage sludge incinerators. ACUA will also pay a $75,000 civil penalty and fund a state-only project with the New Jersey Department of Environmental Protection (NJDEP) to install electric vehicle charging stations in Atlantic County. The State of New Jersey joined the federal government as a co-plaintiff in this case. "This settlement means cleaner air for communities in Atlantic County with ACUA improving how it manages sewage sludge at its Atlantic City facility," said acting EPA Regional Administrator Walter Mugdan. "If not done properly, sewage sludge incineration can pose serious public health risks and this settlement will establish critical safeguards for how ACUA manages, monitors and reports this type of activity." "This settlement is an important step in protecting the environment and public health in the Atlantic City area," said New Jersey Department of Environmental Protection Acting Commissioner Shawn LaTourette. "We would like to thank Acting Regional Administrator Mugdan, the Department of Justice and the New Jersey Office of the Attorney General for their collaboration on this enforcement action. Improving the quality of our air and addressing sources of air pollution that impact overburdened communities is a priority for the DEP. We will continue to work with our partners at all levels to protect air for everyone in New Jersey." The federal government and the state had alleged that beginning in 2016, ACUA failed to develop required plans and operating parameters to comply with the sewage sludge incinerator requirements for the Atlantic City facility, which burns municipal sewage as a way to dispose of it. Sewage sludge can contain a range of pollutants like mercury, lead and cadmium that can pose public health threats when the sludge is burned.   Under the settlement, ACUA must take the following measures at the Atlantic City facility to bring it into compliance with federal and state clean air laws: Develop plans to manage sewage sludge, monitor for mercury emissions and prepare an annual compliance report; Establish site-specific operating limits to control air emissions and monitor compliance with those limits, and apply for a modification of its existing air emissions permit to incorporate these limits; Establish procedures to minimize and eliminate bypass events, which result in uncontrolled air emissions.   EPA estimates that the actions already taken by ACUA to comply with the Clean Air Act sewage sludge incinerator requirements prior to lodging of the settlement, and the additional actions required by the settlement, cost ACUA approximately $3 to $4 million. As part of the settlement, ACUA will also spend at least $30,000 to fund the installation of electric vehicle charging stations for public use in Atlantic County. If unable to find a government entity within Atlantic County willing to work with ACUA on the project, ACUA will instead pay $30,000 to NJDEP's "It Pay$ to Plug In" program. The state program provides grants to offset the cost of purchasing and installing electric vehicle charging stations. The charging station project was included in the proposed settlement to resolve state-law claims and will be entirely overseen by NJDEP. This settlement is part of EPA's multi-regional initiative to bring municipal sewage sludge incinerator facilities into compliance with Clean Air Act requirements. 21-040                                                                          ###

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EPA, Newark to Discuss Lead in Drinking Water

CONTACT: press@epa.gov   EPA, Newark to Discuss Lead in Drinking Water Newark (June 11, 2021) — Today, the U.S. Environmental Protection Agency (EPA) will host a community roundtable discussion with organizers representing Newark, New Jersey to highlight the city's challenges with lead in drinking water. This roundtable discussion, along with nine others being held across the country, is essential to informing EPA's review of the Lead and Copper Rule (LCR) revisions to ensure that the rule is grounded in the lived experience of individuals and communities that are most at-risk of exposure to lead in drinking water. "The residents of Newark have firsthand experience with how disconcerting and troubling lead in drinking water can be for people who ultimately only want to protect themselves and their families. Importantly, they also saw their local, state and federal governments combine forces to take action to respond to the crisis, so they have a unique view of what policies may be helpful to other communities that face these same issues," said EPA Region 2 Acting Regional Administrator Walter Mugdan. "Addressing a public health challenge like this requires partnerships and strong leaders and I want to thank the community groups that organized this roundtable, as well as Newark's elected officials for their leadership on this important issue." "I commend the Biden Administration and EPA for engaging communities who have been impacted by lead contamination as they work to review the Trump Administration's Lead and Copper Rule. It is vital that federal policies align with the needs of our communities, providing necessary guidance and resources to protect public health and allowing governments to be responsive to contamination when it occurs," said U.S. Sen. Bob Menendez. "Senator Booker and I have worked hard to secure federal funding to help the state and local communities provide residents access to clean and safe drinking water.  I look forward to continuing to work with the Biden Administration, my colleagues in Congress, and stakeholders in New Jersey to ensure that every American has access to clean, lead-free drinking water." "The lead crisis facing communities across our country is a threat to our public health and an issue of environmental justice," said U.S. Senator Cory Booker. "Many communities don't have access to clean drinking water, and disproportionately those communities are home to low-income people and people of color. I was proud to help deliver tens of millions of dollars to help states like New Jersey address the threat of lead in drinking water, and remain committed to fighting for federal resources to protect the health of our children and families." "I have been proud of the efforts in Newark and Essex County to replace dangerous water pipes and improve the drinking water for all residents," said Rep. Donald M. Payne, Jr.  "But now that the water is cleaner, we need to find solutions to keep it clean and avoid further contamination.  I established a program to test for lead in public schools that became law in 2016 and I'm working to create stronger measures to keep lead out of drinking water nationwide. I commend the EPA for organizing this roundtable and look forward to hearing about the results." "The City of Newark and EPA have been working closely together for many years to protect the health of Newark residents and ensure the wellbeing of our environment. I am grateful our local leaders, environmental justice advocates and community-based organizations have been included in this important rule-making process," said Mayor Ras J. Baraka. "Our city is leading the nation with our model lead service line replacement program that has removed the risk of corrosion from lead service lines through extensive local partnership building and innovative financing. We appreciate the opportunity to work with our federal partners on smart solutions that protect our residents." "The road to Newark's success was not a smooth one, first the schools then individual homes. In the end, we all worked together to leverage the funds needed to fully replace more than 18,000 lead service lines within 30 months," said Amy Goldsmith, NJ State Director, Clean Water Action. "Newark's accomplishments are unprecedented and very repeatable. We want to send a strong message to the EPA, State and Congress that we need to be as protective as possible as fast as possible when it comes to lead in drinking water. It takes both the political will and equitable funding tools to ensure that everyone regardless of their zip code, color of their skin or income has safe and affordable drinking water at the tap." The community roundtable will start at 2:00 p.m. (EDT). Participants are expected to include representatives of Clean Water Action; Newark Water and Sewer Department; City of Newark; Newark Public Schools; New Jersey Department of Environmental Protection; the Newark Chapter of the National Association for the Advancement of Colored People; Urban League of Essex County; Newark Water Coalition; Newark Education Workers Caucus, South Ward Environmental Alliance and the Newark Environmental Commission. Additional information on the virtual roundtable, including how to watch, is available at: https://www.epa.gov/ground-water-and-drinking-water/lead-and-copper-rule-revisions-virtual-engagements. Background Lead can cause irreversible and life-long health effects, including decreasing IQ, focus, and academic achievement. EPA is committed to following the best science to address lead in the nation's drinking water and will take the appropriate time to review the LCR Revisions and make sure communities that have been impacted the most are protected. In March of this year, EPA announced an extension of the effective date of the Revised Lead and Copper Rule so that the agency could seek further public input on the rule. The agency hosted virtual public listening sessions on April 28, 2021, and May 5, 2021. On May 26, 2021, EPA announced the ten communities that were selected for virtual roundtable discussions on EPA's LCR Revisions. Members of the public may also submit comments via the docket at: http://www.regulations.gov, Docket ID: EPA-HQ-OW-2021-0255 until June 30, 2021. Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://facebook.com/eparegion2 21-040

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EPA Announces $6 Million for Tribes to Support Wetlands and Healthy Watersheds

CONTACT: press@epa.gov   EPA Announces $6 Million for Tribes to Support Wetlands and Healthy Watersheds WASHINGTON (June 11, 2021) – Today, The U.S. Environmental Protection Agency (EPA) announced selections under two Clean Water Act (CWA) grant programs to support leadership of Tribes in protecting and restoring water resources. The agency anticipates awarding approximately $3 million to 18 Tribal nations and one Intertribal organization under the Tribal Wetland Program Development Grant competition and an additional $3 million in CWA Section 319 Tribal Competitive Grants to 32 Tribal nations to support projects to manage nonpoint source pollution. "Strong Tribal water quality programs are the building blocks for safeguarding sources of drinking water, supporting healthy ecosystems, and ensuring safe recreational, economic, and subsistence activities," said Principal Deputy Assistant Administrator for EPA's Office of Water Radhika Fox. "These grants help build strong equitable Tribal government programs to protect, preserve, and restore water resources while complementing existing Federal Clean Water Act programs." "Investments to improve water quality begins at the local level, and EPA is pleased to support the development and implementation of tribal programs to protect wetland resources and reduce non-point source contamination to our waterways. Actions through these programs will contribute to improved health for Tribal communities, improved ecologic function, and the safe practice of tribal cultural tradition," said JoAnn Chase, Director of EPA's American Indian Environmental Office. Projects selected under the Tribal Wetland Program Development Grant competition would support development of wetland monitoring and assessment, restoration, regulatory, and management programs. Region 1 Mashpee Wampanoag Tribe Region 4 Mississippi Band of Choctaw Indians Region 5 Red Cliff Band of Lake Superior Chippewa Leech Lake Band of Ojibwe Lac Courte Oreilles Band of Lake Superior Chippewa Indians Shakopee Mdewakanton Sioux Community Region 8 Chippewa Cree Tribe Confederated Salish and Kootenai Tribes Region 9 Pechanga Band of Luiseno Mission Indians Manzanita Band of Diegueno Mission Indians La Posta Band of Mission Indians Resighini Rancheria  Region 10 Coeur d'Alene Tribe Confederated Tribes of Coos, Lower Umpqua, & Siuslaw Indians Quinault Indian Nation The Klamath Tribes Stillaguamish Tribe of Indians of Washington Chugach Regional Resources Commission Snoqualmie Indian Tribe EPA's Tribal Nonpoint Source Competitive Grants would support projects to address nonpoint source pollution through practices including streambank protection, riparian area and wetland restoration, livestock exclusion fencing, and community outreach and education. Region 1 Penobscot Indian Nation Houlton Band of Maliseet Indians Region 2 Saint Regis Mohawk Tribe Region 4 Miccosukee Tribe of Indians of Florida Region 5 Saginaw Chippewa Indian Tribe Little Traverse Bay Bands of Odawa Indians Red Lake Band of Chippewa Indians Prairie Island Indian Community Region 6 Pueblo of Santa Clara Region 8 Southern Ute Indian Tribe Turtle Mountain Band of Chippewa Indians Region 9 Bishop Paiute Tribe South Fork Band of the Te-Moak Tribe Fort Mojave Indian Tribe Fort Bidwell Indian Community Pechanga Band of Luiseno Mission Indians Walker River Paiute Tribe San Carlos Apache Tribe Chemehuevi Indian Tribe Havasupai Tribe Cedarville Rancheria La Jolla Band of Luiseño Indians Navajo Nation Confederated Tribes of the Goshute Reservation Region 10 Lummi Tribe of the Lummi Reservation Nez Perce Tribe Confederated Tribes of the Colville Reservation Confederated Tribes of the Umatilla Indian Reservation Squaxin Island Tribe of the Squaxin Island Reservation Klamath Tribe Tulalip Tribes of Washington Confederated Tribes of Siletz Indians In addition to competitive grants, each year EPA's Nonpoint Source Program awards approximately $5 million in base grants to eligible Tribes to support staffing and program work. Grant awards under both programs will be made once all legal and administrative requirements are satisfied. EPA received forty-four (44) applications for over $7.5 million under the Wetland Program Development Grants and forty (40) applications for over $3.7 million under the Tribal Nonpoint Source Competitive Grants. For more information on Wetland Program Development Grants: https://www.epa.gov/wetlands/wetland-program-development-grants-and-epa-wetlands-grant-coordinators. For more information on Tribal Nonpoint Source Management Grants: https://www.epa.gov/nps/tribal.

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EPA Continues to Take Action on PFAS to Protect the Public

EPA Continues to Take Action on PFAS to Protect the Public Actions include proposing first-ever reporting requirements under TSCA for a wide range of PFAS chemicals WASHINGTON - To help deliver on the U.S. Environmental Protection Agency's (EPA) commitment to help reduce the potential risks to the public from per- and polyfluoroalkyl substances (PFAS), the agency is announcing three important actions that will better protect all communities from pollution. Today's actions include issuing a proposed rule that is designed to gather comprehensive data on more than 1,000 PFAS manufactured in the United States, withdrawing guidance that weakened EPA's July 2020 Significant New Use Rule (SNUR) restricting certain long-chain PFAS, and publishing a final rule that officially incorporates three additional PFAS into the Toxics Release Inventory (TRI). "When it comes to tackling PFAS, EPA is committed to strengthening our rules, improving our data, and advancing our understanding of these complex chemicals, and then using this information to make informed decisions to protect people and the environment," said Michal Freedhoff, Principal Deputy Assistant Administrator for the Office of Chemical Safety and Pollution Prevention. "These actions will help us harness the best available science to develop policies and programs that can improve health protections for everyone, including those living in historically underserved communities." Today's announcement includes the following: Proposed Rule to Require Reporting on PFAS Manufactured in the United States   Collecting data from manufacturers of PFAS is an important first step to better understanding and ultimately reducing potential risks caused by these chemicals. The proposed rule announced today, which is a statutory requirement under the FY2020 National Defense Authorization Act (NDAA), would require all manufacturers (including importers) of PFAS in any year since 2011 to report information related to chemical identity, categories of use, volumes manufactured and processed, byproducts, environmental and health effects, worker exposure, and disposal.  The proposed rule would help EPA better understand the sources and quantities of PFAS manufactured in the United States and support the agency's PFAS research, monitoring, and regulatory efforts. Once finalized, this rule would be the first targeted effort under the Toxic Substances Control Act (TSCA) to collect information on the manufacture of PFAS and would provide EPA with the most comprehensive dataset of PFAS manufactured in the United States. To assist stakeholders in determining whether they have manufactured PFAS during the reporting period and therefore would be subject to this rule, EPA is providing examples of PFAS from the TSCA Inventory and new chemical low-volume exemption notices and structural diagram examples of additional PFAS that cannot be identified on the afore mentioned lists due to confidentiality claims. The proposed deadline for reporting PFAS data to EPA is one year following the effective date of the final rule. EPA will accept public comments on the proposed rule for 60 days following publication in the federal register via docket EPA-HQ-OPPT-2020-0549 at www.regulations.gov. View a prepublication version of the proposed rule. Withdrawing Compliance Guide on PFAS SNUR In accordance with the Biden-Harris Administration's Executive Orders and other directives, including those on environmental justice, scientific integrity, and regulatory review, EPA has withdrawn a compliance guide that weakened the July 2020 Significant New Use Rule (SNUR) which, among other things, prohibits companies from importing certain long-chain PFAS as part of a "surface coating" on articles without prior EPA review and approval. Examples of articles that could contain these PFAS as part of a surface coating include, but are not limited to, automotive parts, carpet, furniture, and electronic components.  The compliance guide was issued in January 2021 in the last days of the previous Administration and limited what would be considered a "surface coating" subject to the SNUR. The guide was never deemed necessary by career staff and its development was directed by political officials serving in the last Administration. Additionally, the guide was finalized without considering or addressing comments submitted by the public. After further review, EPA determined that the guide inappropriately narrowed the scope and weakened the prohibitions included in the SNUR.   As such, EPA has removed the January 2021 compliance guide from the agency's website, and it is no longer in effect. This action also follows the announcement that EPA rescinded the procedural rule on guidance documents to restore the flexibilities needed to effectively address urgent human health, safety, and environmental challenges. EPA's July 2020 SNUR continues to be in effect. Articles containing certain long-chain PFAS as a surface coating cannot be imported into the United States without EPA review. Importers of articles, but not processors of articles, are subject to the SNUR. Although the SNUR did not include a regulatory definition of "surface coating," the rule provides information on the intended meaning of the phrase. Therefore, EPA does not intend to issue a new guidance document.    Find more information on the SNUR requirements, including the applicability of those requirements to the import of articles. Implementing NDAA Requirements to Report PFAS to TRI EPA has taken the next step to implement an important PFAS requirement of the NDAA. The NDAA provided a framework for additional PFAS to be added to TRI on an annual basis. For TRI Reporting Year 2021 (reporting forms due by July 1, 2022), the NDAA automatically added three PFAS to the TRI list because they are now subject to a SNUR under TSCA.  On June 3, 2021, the agency issued a final rule that officially incorporates these requirements into the Code of Federal Regulations for TRI. Per the NDAA requirements, the PFAS additions became effective as of January 1, 2021. Reporting forms for these PFAS will be due to EPA by July 1, 2022, for calendar year 2021 data. View the final rule. To learn more about EPA's actions on PFAS, visit https://www.epa.gov/pfas

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EPA, Army Announce Intent to Revise Definition of WOTUS

EPA, Army Announce Intent to Revise Definition of WOTUS WASHINGTON — Today, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) are announcing their intent to revise the definition of "waters of the United States" (WOTUS) to better protect our nation's vital water resources that support public health, environmental protection, agricultural activity, and economic growth. As described in an EPA declaration requesting remand of the 2020 Navigable Waters Protection Rule, a broad array of stakeholders—including states, Tribes, local governments, scientists, and non-governmental organizations—are seeing destructive impacts to critical water bodies under the 2020 rule. "After reviewing the Navigable Waters Protection Rule as directed by President Biden, the EPA and Department of the Army have determined that this rule is leading to significant environmental degradation," said EPA Administrator Michael S. Regan. "We are committed to establishing a durable definition of 'waters of the United States' based on Supreme Court precedent and drawing from the lessons learned from the current and previous regulations, as well as input from a wide array of stakeholders, so we can better protect our nation's waters, foster economic growth, and support thriving communities." "Communities deserve to have our nation's waters protected. However, the Navigable Waters Protection Rule has resulted in a 25 percentage point reduction in determinations of waters that would otherwise be afforded protection," said Acting Assistant Secretary of the Army for Civil Works Jaime A. Pinkham. "Together, the Department of the Army and EPA will develop a rule that is informed by our technical expertise, is straightforward to implement by our agencies and our state and Tribal co-regulators, and is shaped by the lived experience of local communities." Upon review of the Navigable Waters Protection Rule, the agencies have determined that the rule is significantly reducing clean water protections. The lack of protections is particularly significant in arid states, like New Mexico and Arizona, where nearly every one of over 1,500 streams assessed has been found to be non-jurisdictional. The agencies are also aware of 333 projects that would have required Section 404 permitting prior to the Navigable Waters Protection Rule, but no longer do. As a result of these findings, today, the Department of Justice is filing a motion requesting remand of the rule. Today's action reflects the agencies' intent to initiate a new rulemaking process that restores the protections in place prior to the 2015 WOTUS implementation, and anticipates developing a new rule that defines WOTUS and is informed by a robust engagement process as well as the experience of implementing the pre-2015 rule, the Obama-era Clean Water Rule, and the Trump-era Navigable Waters Protection Rule. The agencies' new regulatory effort will be guided by the following considerations: Protecting water resources and our communities consistent with the Clean Water Act. The latest science and the effects of climate change on our waters. Emphasizing a rule with a practical implementation approach for state and Tribal partners. Reflecting the experience of and input received from landowners, the agricultural community that fuels and feeds the world, states, Tribes, local governments, community organizations, environmental groups, and disadvantaged communities with environmental justice concerns.  The agencies are committed to meaningful stakeholder engagement to ensure that a revised definition of WOTUS considers essential clean water protections, as well as how the use of water supports key economic sectors. Further details of the agencies' plans, including opportunity for public participation, will be conveyed in a forthcoming action. To learn more about the definition of waters of the United States, visit: https://www.epa.gov/wotus. Background The Clean Water Act prohibits the discharge of pollutants from a point source to navigable waters unless otherwise authorized under the Act. Navigable waters are defined in the Act as "the waters of the United States, including the territorial seas." Thus, "waters of the United States" (WOTUS) is a threshold term establishing the geographic scope of federal jurisdiction under the Clean Water Act. The term "waters of the United States" is not defined by the Act but has been defined by EPA and the Army in regulations since the 1970s and jointly implemented in the agencies' respective programmatic activities. The 2020 Navigable Waters Protection Rule was identified in President Biden's Executive Order 13990, which directs federal agencies to review all existing regulations, orders, guidance documents, policies, and any other similar agency actions promulgated, issued, or adopted between January 20, 2017, and January 20, 2021. See Fact Sheet: List of Agency Actions for Review, available at: https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/20/fact-sheet-list-of-agency-actions-for-review/.

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