Lion.com will be offline for scheduled maintenance from 11 PM ET on Saturday, September 13, to 1 AM ET on Sunday, September 14.
Search

Final Rule Alert: EPA's New Waters of the United States Rule

Posted on 4/21/2020 by Roger Marks

UPDATE: US EPA published its Final Rule Navigable Waters Protection Rule: Definition of "Waters of the United States" to the Federal Register on April 21.

The Final Rule takes effect on June 22, 2020. 

Read the Final Rule

Live training on the new WOTUS Rule

EPA's New Waters of the US Rule Webinar
April 22, 2020 (1:00 to 2:30 PM ET)
Reserve your spot.

US EPA and the Army Corps of Engineers have signed a Final Rule to limit and clarify the scope of the Clean Water Act following the repeal of the 2015 Waters of the United States (WOTUS) Rule.

At the heart of this Navigable Waters Protection Rule is a new definition for the key regulatory term “Waters of the United States,” or WOTUS. The definition of WOTUS tells the regulatory community which bodies of water are subject to EPA Clean Water Act programs, including, but not limited to:
 
  • Spill Prevention, Control, and Countermeasure (SPCC) Planning.
  • Oil spill notifications.
  • NPDES permitting.
  • Stormwater discharge.
  • Dredge-and-fill.

The Navigable Waters Protection Rule is the result of a two step EPA process.

Step 1 was to repeal the 2015 Waters of the US Rule and reinstate the pre-2015 Clean Water Act applicability standards. Step 2 is the new Final Rule, which sets a new, clearer definition of WOTUS and makes other revisions. 

Four Categories of Covered Waters

The new Final Rule lays out four categories of waters that are considered WOTUS:
  • Territorial seas and traditional navigable waters;
  • Perennial and intermittent tributaries to those waters;
  • Certain lakes, ponds, and impoundments; and
  • Wetlands adjacent to jurisdictional waters.
The new definition of WOTUS explicitly excludes twelve distinct categories of waters. These include many ditches, groundwater, prior converted cropland, and others. The Final Rule also establishes new definitions for regulatory terms like adjacent wetlands, perennial, ephemeral, ditch, high tide line, and others. 

The Final Rule will take effect 60 days after it appears in the Federal Register. Watch this space for an update when the rule is officially promulgated.

A pre-publication copy of the Final Rule is available on EPA's website. 

Online Environmental Compliance Training

Identify the major EPA air, water, and chemical programs that impact your job–from the Clean Water and Clean Air Acts to CERCLA, EPCRA, TSCA, RCRA, and more.

The Complete Environmental Regulations online course covers the keys to applicability, critical requirements, and how to identify the regulatory mandates that affect your operations. Train when and where you want, and get a full year of follow-up compliance support through your Lion Membership. 

New Webinar: EPA's New Waters of the US Rule

EPA Waters of the United States Coal Ash in waterwayDo you know how EPA’s new Waters of the United States Rule will impact your Clean Water Act responsibilities? 

During this 90-minute webinar, find out what’s in the new rule—which waters are covered, which are excluded, new definitions, and how the new regulation compares to previous EPA policy.

Plus, get answers to your questions during the Q&A scheduled for the end of the session.

The next session is scheduled for April 22 at 1 PM ET.

Save your spot here.
 

Tags: Clean Water Act, navigable waters, new rules, Waters of the United States, WOTUS

Find a Post

Compliance Archives

Lion - Quotes

Much better than my previous class with another company. The Lion instructor made sense, kept me awake and made me laugh!

Marti Severs

Enterprise Safety Manager

Lion courses are the standard to which all other workshops should strive for!

Brody Saleen

Registered Environmental Health Specialist

Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs.

Neil Luciano

EHS Manager

I can't say enough how pleased I was with this course! Everything finally makes sense.

Kim Graham

Lab Manager

This is a very informative training compared to others. It covers everything I expect to learn and even a lot of new things.

Quatama Jackson

Waste Management Professional

Lion is my preferred trainer for hazmat and DOT.

Jim Jani

Environmental Coordinator

Lion was very responsive to my initial questions and the website was user friendly.

Michael Britt

Supply Chain Director

I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.

Pamela Embody

EHS Specialist

The course was very informative and presented in a way that was easily understood and remembered. I would recommend this course.

Jeffrey Tierno

Hazmat Shipping Professional

Very good. I have always appreciated the way Lion Tech develops, presents and provides training and materials.

John Troy

Environmental Specialist

Download Our Latest Whitepaper

Explore ten hazardous waste management errors that caused generators in California the most trouble last year.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.