Delay of Effective Date: 2001 Revisions to the Clean Water Act Regulatory Definition of ‘‘Discharge of Dredged Material’’
On December 30, 2008, the U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) issued a final rule to amend a Clean Water Act (CWA) section 404 regulation that defines the term "discharge of dredged material." This action conforms the Corps' and EPA's regulations to a court order invalidating the January 17, 2001, amendments to the regulatory definition (referred to as the "Tulloch II" rule).
On January 17, 2001, EPA and the Corps published a final regulation revising the definition of "discharge of dredged material" under CWA section 404. The delay of effective date was published in the Federal Register on February 16, 2001, at 66 FR 10367. The 2001 rule is no longer in effect, but the Federal Register notice announcing the delay of the effective date is provided below for informational purposes.