US Army Corps of Engineers
Great Lakes and Ohio River Division

EPA and Army publish proposed revised "waters of the United States" definition

February 14, 2019 - The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced today the publishing in the Federal Register of the proposed new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act.  The notice is available at https://www.federalregister.gov/documents/2019/02/14/2019-00791/revised-definition-of-waters-of-the-united-states. The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The publishing of the proposal and outreach efforts were delayed due to the lapse in appropriations for EPA. Today's notice begins a 60-day public comment period that will close on April 15, 2019. EPA and the Army will hold an informational webcast on February 14, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on February 27-28, 2019. Information, including supporting analyses and fact sheets, are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule.

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Regulatory Program Manager

Suzanne Chubb

(513) 684-7261

District Regulatory Offices

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Regulatory Permits

The U.S. Army Corps of Engineers has the responsibility for regulating work in waters of the United States, including wetlands. The goals of this program are to protect the aquatic environment, enhance the efficiency of decisions, and ensure fair and reasonable decisions.

There are three major U.S. Army Corps of Engineer authorities that establish permit requirements:

  • Section 404 of the Clean Water Act of 1972 prohibits the discharge of dredged or fill material into waters of the United States, including wetlands, without a Department of the Army permit.
  • Section 10 of the Rivers and Harbors Act of 1899 prohibits the obstruction or alteration of navigable waters of the United Sates without a Department of the Army permit.
  • Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 prohibits the transportation of dredged material for ocean dumping without a Department of the Army permit.

Regulatory responsibilities are carried out by the seven Districts.  Applicants may appeal standard permit denials and permit conditions, and jurisdictional determinations under an administrative appeal process managed by the Great Lakes and Ohio River Division.  

More information is available on the Regulatory Appeal Process, Federal Register Announcement, other Corps Division Appeal Programs and how to get appeal forms.  

 

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Area of Responsibilities in the great lakes and ohio river basin

Buffalo

Ohio and New York

Chicago

Illinois and Indiana

Detroit

Michigan and Indiana

Huntington

West Virginia and Ohio

Louisville

Kentucky, Indiana and Illinois

Nashville

Tennessee, Kentucky and Alabama

Pittsburgh

Ohio, Pennsylvania and West Virginia

 

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