2018-02429: Definition of “Waters of the United States”-Addition of an Applicability Date to 2015 Clean Water Rule

Summary

The Environmental Protection Agency and the Department of the Army ("the agencies") are publishing a final rule adding an applicability date to the "Clean Water Rule: Definition of `Waters of the United States' " published June 29, 2015 (the "2015 Rule") of February 6, 2020. On August 27, 2015, the U.S. District Court for the District of North Dakota enjoined the applicability of the 2015 Rule in the 13 States challenging the 2015 Rule in that court. On October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit stayed the 2015 Rule nationwide pending further action of the court. On January 22, 2018, the Supreme Court held that the courts of appeals do not have original jurisdiction to review challenges to the 2015 Rule. With this final rule, the agencies intend to maintain the status quo by adding an applicability date to the 2015 Rule and thus providing continuity and regulatory certainty for regulated entities, the States and Tribes, and the public while the agencies continue to consider possible revisions to the 2015 Rule.

The agency’s own summary, as published.

What this changes

Amends 11 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

• 33 CFR 328 Definition of Waters of the United States
• 40 CFR 110 Discharge of Oil
• 40 CFR 112 Oil Pollution Prevention
• 40 CFR 116 Designation of Hazardous Substances
• 40 CFR 117 Determination of Reportable Quantities for Hazardous Substances
• 40 CFR 122 EPA Administered Permit Programs: the National Pollutant Discharge Elimination System
• 40 CFR 230 Section 404(b)(1) Guidelines for Specification of Disposal Sites for Dredged or Fill Material
• 40 CFR 232 404 Program Definitions; Exempt Activities Not Requiring 404 Permits
• 40 CFR 300 National Oil and Hazardous Substances Pollution Contingency Plan
• 40 CFR 302 Designation, Reportable Quantities, and Notification
• 40 CFR 401 General Provisions