[Federal Register Volume 65, Number 117 (Friday, June 16, 2000)]
[Proposed Rules]
[Pages 37738-37739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15268]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 323

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 232

[FRL-6717-2]


Proposed Revisions to the Clean Water Act Regulatory Definitions 
of ``Fill Material'' and ``Discharge of Fill Material''

AGENCIES: U.S. Army Corps of Engineers, Department of the Army, DOD; 
and Environmental Protection Agency.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: On April 20, 2000, the Department of the Army (Army) and the 
Environmental Protection Agency (EPA) jointly proposed to revise their 
Clean Water Act (CWA) regulations defining the term ``fill material'' 
(65 FR 21292). Currently, the Army and EPA definitions of fill material 
differ from each other. The existing Army definition defines ``fill 
material'' as any material used for the primary purpose of replacing an 
aquatic area with dry land or of changing the bottom elevation of a 
water body, and specifically excludes from that definition any material 
discharged into the water primarily to dispose of waste, as that 
activity is regulated under section 402 of the CWA. The existing EPA 
definition defines ``fill material'' as any pollutant which replaces a 
portion of the waters of the U.S. with dry land or which changes the 
bottom elevation of such waters, regardless of the purpose of the 
discharge. The proposed rule would amend both the Army and EPA 
definitions of ``fill material'' to provide a single definition of that 
term, and thus ensure proper, consistent, and more effective regulation 
under the CWA of materials that have the effect of replacing any 
portion of a water of the U.S. with dry land or of changing the bottom 
elevation of any portion of a water of the U.S.
    The Army and EPA sought comment on the proposed rule by June 19, 
2000. In response to comments from the public requesting additional 
time to fully analyze the issues and prepare comments, we are extending 
the comment period on the proposed rule to July 19, 2000.

DATES: Comments on the proposed rule must be submitted on or before 
July 19, 2000.

ADDRESSES: Send written comments on the proposed rule to the Office of 
the Chief of Engineers, ATTN CECW-OR, 20 Massachusetts Avenue, 
Washington, DC 20314-1000.
    We request that commenters submit any references cited in their 
comments. We also request that commenters submit an original and 2 
copies of their written comments and enclosures. Commenters that want 
receipt of their comments acknowledged should include a self-addressed, 
stamped envelope. All written comments must be postmarked or delivered 
by hand. No facsimiles (faxes) will be accepted.
    A copy of the supporting documents for this proposed rule is 
available for review in Room 6225 at the U.S. Army Corps of Engineers' 
Pulaski Building, located at 20 Massachusetts Avenue, Washington, DC 
20314-1000. For access to docket materials, call (202) 761-0199 between 
9 a.m. and 3:30 p.m. for an appointment.

FOR FURTHER INFORMATION CONTACT: For information on the proposed rule, 
contact either Mr. Thaddeus Rugiel, U.S. Army Corps of Engineers, ATTN 
CECW-OR, 20 Massachusetts Avenue, Washington, DC 20314-1000, phone: 
(202) 761-0199, e-mail:Thaddeus.J.Rugiel@ HQ02.USACE.ARMY.MIL, or Mr. 
John Lishman, U.S. Environmental Protection Agency, Office of Wetlands, 
Oceans and Watersheds (4502F), 1200 Pennsylvania Avenue NW, Washington, 
DC 20460, phone: (202) 260-9180, e-mail: [email protected].


[[Page 37739]]


    Dated: June 8, 2000.
Michael L. Davis,
Deputy Assistant Secretary (Civil Works), Department of the Army.
    Dated: June 12, 2000.
J. Charles Fox,
Assistant Administrator for Water, Environmental Protection Agency.
[FR Doc. 00-15268 Filed 6-15-00; 8:45 am]
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