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EPA: Revised Definition of “Waters of the United States”; Conforming

2023-09-08T05:00:00Z

SUMMARY: The Environmental Protection Agency (EPA) and the Department of the Army (“the agencies”) are amending the Code of Federal Regulations (CFR) to conform the definition of “waters of the United States” to a 2023 Supreme Court decision. This conforming rule amends the provisions of the agencies' definition of “waters of the United States” that are invalid under the Supreme Court's interpretation of the Clean Water Act in the 2023 decision.

DATES: This final rule is effective on September 8, 2023, published in the Federal Register September 8, 2023, page 61946.

View final rule

§120.2 Definitions.
(a)(1)(iii), (a)(3), and (a)(4)(ii)RevisedView text
(a)(4)(iii)RemovedView text
(a)(5)RevisedView text
(c)(2)RevisedView text
(c)(6)RemovedView text

Previous Text

§120.2 Definitions.

* * * * *

(a) * * *

(1) * * *

(iii) Interstate waters, including interstate wetlands;

* * * * *

(3) Tributaries of waters identified in paragraph (a)(1) or (2) of this section that are relatively permanent, standing or continuously flowing bodies of water;

(i) That are relatively permanent, standing or continuously flowing bodies of water; or

(ii) That either alone or in combination with similarly situated waters in the region, significantly affect the chemical, physical, or biological integrity of waters identified in paragraph (a)(1) of this section;

(4) * * *

(ii) Relatively permanent, standing or continuously flowing bodies of water identified in paragraph (a)(2) or (a)(3)(i) of this section and with a continuous surface connection to those waters; or

(5) Intrastate lakes and ponds, streams, or wetlands not identified in paragraphs (a)(1) through (4) of this section:

(i) That are relatively permanent, standing or continuously flowing bodies of water with a continuous surface connection to the waters identified in paragraph (a)(1) or (a)(3)(i) of this section; or

(ii) That either alone or in combination with similarly situated waters in the region, significantly affect the chemical, physical, or biological integrity of waters identified in paragraph (a)(1) of this section.

* * * * *

(c) * * *

(2) Adjacent means bordering, contiguous, or neighboring. Wetlands separated from other waters of the United States by man-made dikes or barriers, natural river berms, beach dunes, and the like are “adjacent wetlands.”

* * * * *