United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2002_register executive 2010-09-23 article Rules and Regulations D09002ee1c81a373c D09002ee1c81a381f United States Department of Defense originator org United States Government Agency or Subagency United States Department of the Army, Corps of Engineers originator org United States Government Agency or Subagency United States Environmental Protection Agency originator org United States Government Agency or Subagency The U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) are promulgating a final rule to reconcile our Clean Water Act (CWA) section 404 regulations defining the term "fill material" and to amend our definitions of "discharge of fill material." Today's final rule completes the rulemaking process initiated by the April 20, 2000, proposal in which we jointly proposed to amend our respective regulations so that both agencies would have identical definitions of these key terms. The proposal was intended to clarify the Section 404 regulatory framework and generally to be consistent with existing regulatory practice. Today's final rule satisfies those goals. Today's final rule defines "fill material" in both the Corps' and EPA's regulations as material placed in waters of the U.S. where the material has the effect of either replacing any portion of a water of the United States with dry land or changing the bottom elevation of any portion of a water. The examples of "fill material" identified in today's rule include rock, sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in waters of the U.S. This rule retains the effects- based approach of the April 2000 proposal and reflects the approach in EPA's longstanding regulations. Today's final rule, however, includes an explicit exclusion from the definition of "fill material" for trash or garbage. Today's final rule also includes several clarifying changes to the term "discharge of fill material." Specifically, the term "infrastructure" has been added in several places following the term "structure" to further define the situations where the placement of fill material is considered a "discharge of fill material." In addition, the phrases "placement of fill material for construction or maintenance of any liner, berm, or other infrastructure associated with solid waste landfills" and "placement of overburden, slurry, or tailings or similar mining-related materials" have been added to the definition of "discharge of fill material" to provide further clarification of the types of activities regulated under section 404. As indicated in the proposal, as a general matter, this final rule will not modify existing regulatory practice. Today's final rule, which establishes uniform language for the Corps' and EPA's definitions of "fill material" and "discharge of fill material," will enhance the agencies' ability to protect aquatic resources by ensuring more consistent and effective implementation of CWA requirements. 67 FR 31129 https://www.govinfo.gov/app/details/FR-2002-05-09/02-11547 02-11547 fr09my02-10 3710-92-P FRL 7209-2 https://www.govinfo.gov/app/details/FR-2002-05-09/02-11547 https://www.govinfo.gov/content/pkg/FR-2002-05-09/html/02-11547.htm https://www.govinfo.gov/content/pkg/FR-2002-05-09/pdf/02-11547.pdf Water Pollution Control Waterways Environmental Protection Intergovernmental Relations 15 p. 31129 31143 67 FR 31129 Title 33 Part 323 33 CFR Part 323 Title 40 Part 232 40 CFR Part 232 Final Revisions to the Clean Water Act Regulatory Definitions of “Fill Material” and “Discharge of Fill Material”; Federal Register Vol. 67, Issue RULE 02-11547 DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers ENVIRONMENTAL PROTECTION AGENCY FRL 7209-2 3710-92-P 02-11547 Final rule.

The U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) are promulgating a final rule to reconcile our Clean Water Act (CWA) section 404 regulations defining the term "fill material" and to amend our definitions of "discharge of fill material." Today's final rule completes the rulemaking process initiated by the April 20, 2000, proposal in which we jointly proposed to amend our respective regulations so that both agencies would have identical definitions of these key terms. The proposal was intended to clarify the Section 404 regulatory framework and generally to be consistent with existing regulatory practice. Today's final rule satisfies those goals. Today's final rule defines "fill material" in both the Corps' and EPA's regulations as material placed in waters of the U.S. where the material has the effect of either replacing any portion of a water of the United States with dry land or changing the bottom elevation of any portion of a water. The examples of "fill material" identified in today's rule include rock, sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in waters of the U.S. This rule retains the effects- based approach of the April 2000 proposal and reflects the approach in EPA's longstanding regulations. Today's final rule, however, includes an explicit exclusion from the definition of "fill material" for trash or garbage. Today's final rule also includes several clarifying changes to the term "discharge of fill material." Specifically, the term "infrastructure" has been added in several places following the term "structure" to further define the situations where the placement of fill material is considered a "discharge of fill material." In addition, the phrases "placement of fill material for construction or maintenance of any liner, berm, or other infrastructure associated with solid waste landfills" and "placement of overburden, slurry, or tailings or similar mining-related materials" have been added to the definition of "discharge of fill material" to provide further clarification of the types of activities regulated under section 404. As indicated in the proposal, as a general matter, this final rule will not modify existing regulatory practice. Today's final rule, which establishes uniform language for the Corps' and EPA's definitions of "fill material" and "discharge of fill material," will enhance the agencies' ability to protect aquatic resources by ensuring more consistent and effective implementation of CWA requirements.

June 10, 2002. For information on today's rule, contact either Mr. Thaddeus J. Rugiel, U.S. Army Corps of Engineers, ATTN CECW- OR, 441 "G" Street, NW., Washington, DC 20314-1000, phone: Water Pollution Control Waterways Environmental Protection Intergovernmental Relations Permits for discharges of dredged or fill material into U.S. waters: Fill material and discharge of fill material; definitions, mallory.brenda@epa.gov thaddeus.j.rugiel@hq02.usace.army.mil Vol. 67, no. 90 Office of the Federal Register, National Archives and Records Administration 2002-05-09 continuing daily deposited born digital 612 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2002-05-09 P0b002ee1809b6331 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr09my02 https://www.govinfo.gov/app/details/FR-2002-05-09 https://www.govinfo.gov/content/pkg/FR-2002-05-09/pdf/FR-2002-05-09.pdf https://www.govinfo.gov/content/pkg/FR-2002-05-09/xml/FR-2002-05-09.xml fdlp 31105 31709 DGPO 2010-09-23 2024-06-07 FR-2002-05-09 machine generated eng FR FR-2002-05-09 67 90