• Mark Ryan

The Missing RTC from the 2020 WOTUS Rule

When an agency issues a new rule, it is required under the APA to public notice the rule and accept comments. Once it digests the comments, it typically writes its "response to comments" or RTC along with the publication of the final rule. The RTC is the agency's official explanation of what changes it made or didn't make in response to comments. The RTC also explains how the new rule works under various scenarios. In short, the RTC is an important document that usually contains a lot of useful information about a new rule and is part of the public record.

I was on the EPA website this morning, looking for the RTC for the 2020 WOTUS rule, and couldn't find it, which is very odd. The final rule that published on April 21, 2020 states that the "The agencies discuss comments received and their responses in the applicable sections of this final rule. A complete response to comments document is available in the docket for this final rule at Docket ID No. EPA-HQ-OW-2018-0149." 85 Fed. Reg. at 22261. But I've been unable to locate that document. See If anyone out there has a link to the RTC, please send. If EPA has not published the RTC, why? Very odd.

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