As expected, EPA and the Army Corps of Engineers forwarded their final Waters of the U.S. (WOTUS) rule to the White House Office of Management and Budget (OMB) on Friday, initiating the beginning of the interagency review process that precedes final publication of the rule.

The agencies have indicated the rule that was sent to OMB does include modifications in response to comments received during the comment period. However, the agencies have indicated they are unlikely to allow state co-regulators and other stakeholders an opportunity to review those changes and provide feedback on whether they address the host of concerns identified with the original rule. A final rule could be released in later this summer or fall.