2019-00791: Revised Definition of “Waters of the United States”

Summary

The Environmental Protection Agency and the Department of the Army ("the agencies") are publishing for public comment a proposed rule defining the scope of waters federally regulated under the Clean Water Act (CWA). This proposal 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." This proposed rule is intended to increase CWA program predictability and consistency by increasing clarity as to the scope of "waters of the United States" federally regulated under the Act. This proposed definition revision is also intended to clearly implement the overall objective of the CWA to restore and maintain the quality of the nation's waters while respecting State and tribal authority over their own land and water resources.

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