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RuleSignificant2020-025002020-04-21

The Navigable Waters Protection Rule: Definition of “Waters of the United States”

Defense Department, Engineers Corps, Environmental Protection Agency

Abstract

The Environmental Protection Agency and the Department of the Army are publishing a final rule defining the scope of waters federally regulated under the Clean Water Act. The Navigable Waters Protection Rule is the second step in a comprehensive, two-step process intended to review and revise the definition of "waters of the United States" consistent with the Executive Order signed on February 28, 2017, "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the `Waters of the United States' Rule." Once effective, it replaces the rule published on October 22, 2019. This final rule implements the overall objective of the Clean Water Act to restore and maintain the integrity of the nation's waters by maintaining federal authority over those waters that Congress determined should be regulated by the Federal government under its Commerce Clause powers, while adhering to Congress' policy directive to preserve States' primary authority over land and water resources. This final definition increases the predictability and consistency of Clean Water Act programs by clarifying the scope of "waters of the United States" federally regulated under the Act.

Action & Dates

Action
Final rule.
Dates
This rule is effective on June 22, 2020.
Effective Date
2020-06-22

CFR References

Topics

Administrative practice and procedureAir pollution controlCarbon monoxideChemicalsConfidential business informationEnvironmental protectionGreenhouse gasesHazardous substancesHazardous wasteIntergovernmental relationsLeadNatural resourcesNavigation (water)Occupational safety and healthOil pollutionOzonePenaltiesReporting and recordkeeping requirementsSuperfundVolatile organic compoundsWaste treatment and disposalWater pollution controlWater supplyWaterways

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Defense Department of the Army, Corps of Engineers 33 CFR Part 328 Environmental Protection Agency 40 CFR Parts 110, 112, 116, 117, 120, 122, 230, 232, 300, 302, and 401 [EPA-HQ-OW-2018-0149; FRL-10004-88-OW] RIN 2040-AF75 AGENCY: Department of the Army, Corps of Engineers, Department of Defense; and Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: The Environmental Protection Agency and the Department of the Army are publishing a final rule defining the scope of waters federally regulated under the Clean Water Act. The Navigable Waters Protection Rule is the second step in a comprehensive, two-step process intended to review and revise the definition of “waters of the United States” consistent with the Executive Order signed on February 28, 2017, “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the `Waters of the United States' Rule.” Once effective, it replaces the rule published on October 22, 2019. This final rule implements the overall objective of the Clean Water Act to restore and maintain the integrity of the nation's waters by maintaining federal authority over those waters that Congress determined should be regulated by the Federal government under its Commerce Clause powers, while adhering to Congress' policy directive to preserve States' primary authority over land and water resources. This final definition increases the predictability and consistency of Clean Water Act programs by cl

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Related Documents

Other Federal Register documents from the same docket.

Full Document

Citation: 85 FR 22250