2018-28296: Revised Definition of “Waters of the United States”

Summary

On December 11, 2018, the Environmental Protection Agency and the U.S. Department of the Army (the agencies) signed a proposed rule revising the definition of "waters of the United States" to clarify the scope of waters federally regulated under the Clean Water Act. The agencies are announcing that a public hearing will be held in Kansas City, Kansas on January 23, 2019, to provide interested parties the opportunity to present data, views, or information concerning the proposed rule. The pre-publication version of this proposal can be found at https://www.epa.gov/wotus-rule/step-two-revise.

The agency’s own summary, as published.

What this changes

Amends 10 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 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