United States Office of Solid Waste November 2008 Environmental Protection and Emergency Response www.epa.gov//emergencies Agency SSppiillll PPrreevveennttiioonn,, CCoonnttrrooll,, aanndd CCoouunntteerrmmeeaassuurree ((SSPPCCCC)) RRuullee AAmmeennddmmeenntt Revisions to the Regulatory Definition of “Navigable Waters” EPA is promulgating a final rule to amend a Clean Water Act (CWA) section 311 regulation that defines the term “navigable waters.” In this action, EPA is announcing the vacature of the July 17, 2002, revisions to the definition of “navigable waters” in accordance with an order, issued by the United States District Court for the District of Columbia (D.D.C.) in American Petroleum Institute v. Johnson, 571 F.Supp.2d 165 (D.D.C. 2008), invalidating those revisions. The court decision also restored the regulatory definition of “navigable waters” promulgated by EPA in 1973; consequently, EPA is amending the definition of “navigable waters” in part 112 to comply with that decision. This final rule does not amend the definition of “navigable waters” in any other regulation that has been promulgated by EPA. In the order, the Court vacated and remanded the 2002 amendments to the Spill Prevention Control and Countermeasure (SPCC) regulatory definition of the term "navigable waters" on procedural grounds under the Administrative Procedure Act. The court restored the previous definition of “navigable waters” included in the 1973 SPCC Rule pending further rulemaking or other appropriate agency action. The Agency is studying the opinion and may provide additional guidance on the definition of "navigable waters." The 1973 regulatory definition of “navigable waters” for the SPCC rule was published in the Federal Register on December 11, 1973 (see 38 FR 34165) and reads as follows: The term “navigable waters” of the United States means “navigable waters” as defined in section 502(7) of the FWPCA, and includes: (1) all navigable waters of the United States, as defined in judicial decisions prior to the passage of the 1972 Amendments of the Federal Water Pollution Control Act, (FWPCA) (Pub. L. 92-500) also known as the Clean Water Act (CWA), and tributaries of such waters as; (2) interstate waters; (3) intrastate lakes, rivers, and streams which are utilized by interstate travelers for recreational or other purposes; and (4) intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce. For More Information Read the SPCC rule amendment: http:////www.epa.gov//emergencies//spcc Review the Oil Pollution Prevention regulation (40 CFR part 112): http:////www.gpoaccess.gov//cfr// Visit the EPA Office of Emergency Management Web site: http:////www.epa.gov//emergencies Call the Superfund, TRI, EPCRA, RMP, and Oil Information Center: (800) 424-9346 or (703) 412-9810 TDD (800) 553-7672 or (703) 412-3323 http:////www.epa.gov//superfund//resources//infocenter To Report an Oil or Chemical Spill Call the National Response Center: (800) 424-8802 or (202) 267-2675 TDD (202) 267-4477 Office of Emergency Management Word Bookmarks OLE_LINK1 OLE_LINK2