2018-02429: Definition of “Waters of the United States”-Addition of an Applicability Date to 2015 Clean Water Rule
Get alerted when the next rule lands
New rules open for comment on their own schedule. Pick how you want to hear about them — we email you when one appears.
Publishing to members? Embed a live rule tracker on your own site — the proposed rules in your area and the comment deadlines closing on them, updating themselves. Free, one line of HTML.
Create a free account & build one →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
Rulemaking docket
We haven’t pulled this rulemaking’s full docket yet. View docket EPA-HQ-OW-2017-0644 on Regulations.gov →
Don't miss the comment window
One Click Politics alerts you on every deadline, hearing, and rule change.
See all rules with comments due soon →