Further Revisions to the CWA 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). This final rule responds to the court decision by deleting language from the regulation that was invalidated.

• Final Conforming Rule (December 30, 2008)
• Final Conforming Rule Fact Sheet
• Questions and Answers on the Final Conforming Rule
• Current Regulatory Definition of "Discharge of Dredged Material" at 40 CFR 232.2

On April 16, 2001, Environmental Protection Agency Administrator Christie Todd Whitman endorsed the entry into force of the January 17, 2001, "Tulloch Rule," which revised the regulatory definition of "Discharge of Dredged Material." In accordance with the memorandum of January 20, 2001, from the Assistant to the President and Chief of Staff, entitled "Regulatory Review Plan," the effective date of this rule was temporarily delayed for 60 days, from February 16, 2001, to a new effective date of April 17, 2001. The delay of effective date was published in the Federal Register on February 16, 2001, at 66 FR 10367. Review of the Tulloch Rule was completed and it went into effect on April 17, 2001. The 2001 rule is not in effect, and the materials below are provided for informational purposes.

• April 16, 2001 Press Release
• Fact Sheet for 2001 Rule
• Final Text of the 2001 Rule
• 2001 Tulloch Rule Delay of Effective Date Federal Register Notice