65FR37738 Proposed Revisions to the Clean Water Act Regulatory Definitions of ``Fill Material'' and ``Discharge of Fill Material''
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Posting-number: Volume 65, Issue 117, Page 37738
[Federal Register: June 16, 2000 (Volume 65, Number 117)]
[Proposed Rules]
[Page 37738-37739]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn00-19]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 323
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 232
[FRL-6717-2]
Proposed Revisions to the Clean Water Act Regulatory Definitions
of ``Fill Material'' and ``Discharge of Fill Material''
AGENCIES: U.S. Army Corps of Engineers, Department of the Army, DOD;
and Environmental Protection Agency.
ACTION: Proposed rule; extension of comment period.
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SUMMARY: On April 20, 2000, the Department of the Army (Army) and the
Environmental Protection Agency (EPA) jointly proposed to revise their
Clean Water Act (CWA) regulations defining the term ``fill material''
(65 FR 21292). Currently, the Army and EPA definitions of fill material
differ from each other. The existing Army definition defines ``fill
material'' as any material used for the primary purpose of replacing an
aquatic area with dry land or of changing the bottom elevation of a
water body, and specifically excludes from that definition any material
discharged into the water primarily to dispose of waste, as that
activity is regulated under section 402 of the CWA. The existing EPA
definition defines ``fill material'' as any pollutant which replaces a
portion of the waters of the U.S. with dry land or which changes the
bottom elevation of such waters, regardless of the purpose of the
discharge. The proposed rule would amend both the Army and EPA
definitions of ``fill material'' to provide a single definition of that
term, and thus ensure proper, consistent, and more effective regulation
under the CWA of materials that have the effect of replacing any
portion of a water of the U.S. with dry land or of changing the bottom
elevation of any portion of a water of the U.S.
The Army and EPA sought comment on the proposed rule by June 19,
2000. In response to comments from the public requesting additional
time to fully analyze the issues and prepare comments, we are extending
the comment period on the proposed rule to July 19, 2000.
DATES: Comments on the proposed rule must be submitted on or before
July 19, 2000.
ADDRESSES: Send written comments on the proposed rule to the Office of
the Chief of Engineers, ATTN CECW-OR, 20 Massachusetts Avenue,
Washington, DC 20314-1000.
We request that commenters submit any references cited in their
comments. We also request that commenters submit an original and 2
copies of their written comments and enclosures. Commenters that want
receipt of their comments acknowledged should include a self-addressed,
stamped envelope. All written comments must be postmarked or delivered
by hand. No facsimiles (faxes) will be accepted.
A copy of the supporting documents for this proposed rule is
available for review in Room 6225 at the U.S. Army Corps of Engineers'
Pulaski Building, located at 20 Massachusetts Avenue, Washington, DC
20314-1000. For access to docket materials, call (202) 761-0199 between
9 a.m. and 3:30 p.m. for an appointment.
FOR FURTHER INFORMATION CONTACT: For information on the proposed rule,
contact either Mr. Thaddeus Rugiel, U.S. Army Corps of Engineers, ATTN
CECW-OR, 20 Massachusetts Avenue, Washington, DC 20314-1000, phone:
(202) 761-0199, e-mail:Thaddeus.J.Rugiel@ HQ02.USACE.ARMY.MIL, or Mr.
John Lishman, U.S. Environmental Protection Agency, Office of Wetlands,
Oceans and Watersheds (4502F), 1200 Pennsylvania Avenue NW, Washington,
DC 20460, phone: (202) 260-9180, e-mail: lishma...@epa.gov.
[[Page 37739]]
Dated: June 8, 2000.
Michael L. Davis,
Deputy Assistant Secretary (Civil Works), Department of the Army.
Dated: June 12, 2000.
J. Charles Fox,
Assistant Administrator for Water, Environmental Protection Agency.
[FR Doc. 00-15268 Filed 6-15-00; 8:45 am]
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