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EPA/WATER | RIN: 2040-AF30 | Publication ID: Spring 2014 |
Title: Definition of "Waters of the United States" Under the Clean Water Act | |
Abstract: After U.S. Supreme Court decisions in SWANCC and Rapanos, the scope of "waters of the US" protected under all CWA programs has been an issue of considerable debate and uncertainty. The Act has a single definition for "waters of the United States." As a result, these decisions affect the geographic scope of all CWA programs. SWANCC and Rapanos did not invalidate the current regulatory definition of "waters of the United States." However, the decisions established important considerations for how those regulations should be interpreted, and experience implementing the regulations has identified several areas that could benefit from additional clarification through rulemaking. U.S. EPA and the U.S. Army Corps of Engineers are developing a proposed rule for determining whether a water is protected by the Clean Water Act. This rule would make clear which waterbodies are protected under the Clean Water Act. | |
Agency: Environmental Protection Agency(EPA) | Priority: Economically Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Yes | Unfunded Mandates: Private Sector |
CFR Citation: 40 CFR 110 40 CFR 112 40 CFR 116 40 CFR 117 40 CFR 122 40 CFR 230 40 CFR 232 40 CFR 300 40 CFR 302 40 CFR 401 33 CFR 328 | |
Legal Authority: 33 USC 1251 |
Legal Deadline:
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
Small Entities Affected: Undetermined | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Information URL: http://water.epa.gov/lawsregs/guidance/wetlands/CWAwaters.cfm | |
RIN Data Printed in the FR: No | |
Agency Contact: Donna Downing Environmental Protection Agency Water 1200 Pennsylvania Avenue NW, Mail Code 4502T, Washington, DC 20460 Phone:202 566-2428 Email: cwawotus@epa.gov Rachel Fertik Environmental Protection Agency Water 4502T, Washington, DC 20460 Phone:202 566-1452 Email: cwawaters@epa.gov |