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Compliance Guide Update Service June 2015
June 29 Environmental Protection Agency
Department of Defense
Department of the Army, Corp of Engineers
Clean Water Rule: Definition of “Waters of the United States”
FR 80 37054-37127
33 CFR Part 328
40 CFR Parts 110, 112, 116, 117, 122, 230, 232, 300, 302 and 401.
Summary: The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are publishing a final rule defining the scope of waters protected under the Clean Water Act (CWA or the Act), in light of the statute, science, Supreme Court decisions in U.S. v. Riverside Bayview Homes, Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), and Rapanos v. United States (Rapanos), and the agencies’ experience and technical expertise. This final rule reflects consideration of the extensive public comments received on the proposed rule. The rule will ensure protection for the nation’s public health and aquatic resources, and increase CWA program predictability and consistency by clarifying the scope of ‘‘waters of the United States’’ protected under the Act.
Dates: This rule is effective on August 28, 2015. In accordance with 40 CFR part 23, this regulation shall be considered issued for purposes of judicial review at 1 p.m. Eastern time on July 13, 2015.