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2019-10-22
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Definition of “Waters of the United States”-Recodification of Pre-Existing Rules
Part IV
Rules and Regulations
D09002ee1bdb6b831
D09002ee1bdb6bd06
United States
Department of Defense
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org
United States Government Agency or Subagency
United States
Department of the Army, Corps of Engineers
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org
United States Government Agency or Subagency
United States
Environmental Protection Agency
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org
United States Government Agency or Subagency
The Environmental Protection Agency (EPA) and the Department of the Army (``the agencies'') are publishing a final rule to repeal the 2015 Clean Water Rule: Definition of ``Waters of the United States'' (``2015 Rule''), which amended portions of the Code of Federal Regulations (CFR), and to restore the regulatory text that existed prior to the 2015 Rule. The agencies will implement the pre-2015 Rule regulations informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding agency practice. The agencies are repealing the 2015 Rule for four primary reasons. First, the agencies conclude that the 2015 Rule did not implement the legal limits on the scope of the agencies' authority under the Clean Water Act (CWA) as intended by Congress and reflected in Supreme Court cases, including Justice Kennedy's articulation of the significant nexus test in Rapanos. Second, the agencies conclude that in promulgating the 2015 Rule the agencies failed to adequately consider and accord due weight to the policy of the Congress in CWA section 101(b) to ``recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution'' and ``to plan the development and use . . . of land and water resources.'' 33 U.S.C. 1251(b). Third, the agencies repeal the 2015 Rule to avoid interpretations of the CWA that push the envelope of their constitutional and statutory authority absent a clear statement from Congress authorizing the encroachment of federal jurisdiction over traditional State land-use planning authority. Lastly, the agencies conclude that the 2015 Rule's distance-based limitations suffered from certain procedural errors and a lack of adequate record support. The agencies find that these reasons, collectively and individually, warrant repealing the 2015 Rule. With this final rule, the regulations defining the scope of federal CWA jurisdiction will be those portions of the CFR as they existed before the amendments promulgated in the 2015 Rule.
84 FR 56626
https://www.govinfo.gov/app/details/FR-2019-10-22/2019-20550
2019-20550
fr22oc19-8
RIN 2040-AF74
6560-50-P
EPA-HQ-OW-2017-0203
FRL-10000-10-OW
https://www.govinfo.gov/app/details/FR-2019-10-22/2019-20550
https://www.govinfo.gov/content/pkg/FR-2019-10-22/html/2019-20550.htm
https://www.govinfo.gov/content/pkg/FR-2019-10-22/pdf/2019-20550.pdf
Environmental Protection
Administrative Practice and Procedure
Navigation (Water)
Water Pollution Control
Waterways
Oil Pollution
Reporting and Recordkeeping Requirements
Penalties
Hazardous Substances
Confidential Business Information
Intergovernmental Relations
Air Pollution Control
Chemicals
Hazardous Waste
Natural Resources
Occupational Safety and Health
Superfund
Water Supply
Waste Treatment and Disposal
46 p.
56626
56671
84 FR 56626
Code of Federal Regulations
Title 33 Part 328
33 CFR Part 328
Code of Federal Regulations
Title 40 Part 110
40 CFR Part 110
Code of Federal Regulations
Title 40 Part 112
40 CFR Part 112
Code of Federal Regulations
Title 40 Part 116
40 CFR Part 116
Code of Federal Regulations
Title 40 Part 117
40 CFR Part 117
Code of Federal Regulations
Title 40 Part 122
40 CFR Part 122
Code of Federal Regulations
Title 40 Part 230
40 CFR Part 230
Code of Federal Regulations
Title 40 Part 232
40 CFR Part 232
Code of Federal Regulations
Title 40 Part 300
40 CFR Part 300
Code of Federal Regulations
Title 40 Part 302
40 CFR Part 302
Code of Federal Regulations
Title 40 Part 401
40 CFR Part 401
Regulation Identification Number 2040-AF74
RIN 2040-AF74
Definition of “Waters of the United States”-Recodification of Pre-Existing Rules; Federal Register Vol. 84, Issue
RULE
2019-20550
IV
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
ENVIRONMENTAL PROTECTION AGENCY
2019-12-23
EPA-HQ-OW-2017-0203
FRL-10000-10-OW
6560-50-P
2019-20550
Final rule.
The Environmental Protection Agency (EPA) and the Department of the Army (``the agencies'') are publishing a final rule to repeal the 2015 Clean Water Rule: Definition of ``Waters of the United States'' (``2015 Rule''), which amended portions of the Code of Federal Regulations (CFR), and to restore the regulatory text that existed prior to the 2015 Rule. The agencies will implement the pre-2015 Rule regulations informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding agency practice. The agencies are repealing the 2015 Rule for four primary reasons. First, the agencies conclude that the 2015 Rule did not implement the legal limits on the scope of the agencies' authority under the Clean Water Act (CWA) as intended by Congress and reflected in Supreme Court cases, including Justice Kennedy's articulation of the significant nexus test in Rapanos. Second, the agencies conclude that in promulgating the 2015 Rule the agencies failed to adequately consider and accord due weight to the policy of the Congress in CWA section 101(b) to ``recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution'' and ``to plan the development and use . . . of land and water resources.'' 33 U.S.C. 1251(b). Third, the agencies repeal the 2015 Rule to avoid interpretations of the CWA that push the envelope of their constitutional and statutory authority absent a clear statement from Congress authorizing the encroachment of federal jurisdiction over traditional State land-use planning authority. Lastly, the agencies conclude that the 2015 Rule's distance-based limitations suffered from certain procedural errors and a lack of adequate record support. The agencies find that these reasons, collectively and individually, warrant repealing the 2015 Rule. With this final rule, the regulations defining the scope of federal CWA jurisdiction will be those portions of the CFR as they existed before the amendments promulgated in the 2015 Rule.
This rule is effective on December 23, 2019.
Michael McDavit, Office of Water (4504-T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Environmental Protection
Administrative Practice and Procedure
Navigation (Water)
Water Pollution Control
Waterways
Oil Pollution
Reporting and Recordkeeping Requirements
Penalties
Hazardous Substances
Confidential Business Information
Intergovernmental Relations
Air Pollution Control
Chemicals
Hazardous Waste
Natural Resources
Occupational Safety and Health
Superfund
Water Supply
Waste Treatment and Disposal
Definition of Waters of the United States
,
CWAwotus@epa.gov
USACE_CWA_Rule@usace.army.mil
http://www.epa.gov/epahome/dockets.htm
http://www.regulations.gov
http://www.spk.usace.army.mil/Portals/12/documents/regulatory/pdf/TR11-12_gage.pdf
https://www.army.mil/e2/c/downloads/525981.pdf
https://www.epa.gov/sites/production/files/2016-02/documents/cwa_jurisdiction_following_rapanos120208.pdf
https://www.epa.gov/wotus-rule/definition-waters-united-states-rule-status-and-litigation-update
https://www.regulations.gov/document?D=EPA-HQ-OW-2011-0880-20866
https://www.regulations.gov/document?D=EPA-HQ-OW-2011-0880-20877
https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Related-Resources/CWA-Guidance/
Federal Register
Vol. 84, no. 204
Office of the Federal Register, National Archives and Records Administration
2019-10-22
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Table of Contents:
AE 2.7:
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AE 2.106:
KF70.A2
https://www.govinfo.gov/app/details/FR-2019-10-22
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56671
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2019-10-22
2023-04-28
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