Clean Water Act Programs Utilizing the Definition of WOTUS

The jurisdictional scope of the 1972 Clean Water Act is the “navigable waters,” defined in the Act as the “waters of the United States” (CWA Section 502(7)). Many Clean Water Act programs apply only to “waters of the United States.” Since the 1970s, EPA and the U.S. Department of the Army have defined “waters of the United States” in regulations. The following list provides information about some of the programs under the Clean Water Act that utilize the definition of “waters of the United States”: 

• Clean Water Action Section 303(c): Water Quality Standards
• Clean Water Act Section 303(d): Impaired Waters and Total Maximum Daily Loads (TMDLs)
• Clean Water Act 311: Hazardous Substance Facility Response Plans
• Clean Water Act 311: Oil Spill Prevention and Preparedness Programs
• Clean Water Act Section 401: Certification
• Clean Water Act Section 402: National Pollutant Discharge Elimination System
• Clean Water Act Section 404: Permitting Discharges of Dredged or Fill Material