AGENCY: Department of the Army, Corps of Engineers, Department of
Defense; and Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: The Environmental Protection Agency and the Department of the
Army are publishing a final rule defining the scope of waters federally
regulated under the Clean Water Act. The Navigable Waters Protection
Rule is the second step in a comprehensive, two-step process intended
to review and revise the definition of "waters of the United States"
consistent with the Executive Order signed on February 28, 2017,
"Restoring the Rule of Law, Federalism, and Economic Growth by
Reviewing the `Waters of the United States' Rule." Once effective, it
replaces the rule published on October 22, 2019. This final rule
implements the overall objective of the Clean Water Act to restore and
maintain the integrity of the nation's waters by maintaining federal
authority over those waters that Congress determined should be
regulated by the Federal government under its Commerce Clause powers,
while adhering to Congress' policy directive to preserve States'
primary authority over land and water resources. This final definition
increases the predictability and consistency of Clean Water Act
programs by clarifying the scope of "waters of the United States"
federally regulated under the Act.
DATES: This rule is effective on June 22, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OW-2018-0149. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
FOR FURTHER INFORMATION CONTACT: Michael McDavit, Oceans, Wetlands, and
Communities Division, Office of Water (4504-T), Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460;
telephone number: (202) 566-2465; email address: CWAwotus@epa.gov; or
Jennifer A. Moyer, Regulatory Community of Practice (CECW-CO-R), U.S.
Army Corps of Engineers, 441 G Street NW, Washington, DC 20314;
telephone number: (202) 761-5903; email address: