In November 2008, The Environmental Protection Agency (EPA) promulgated a final rule to amend a Clean Water Act (CWA) Section 311 regulation that defines the term “navigable waters'', effective November 26, 2008. This amendment affects compliance requirements with the SPCC Rule, 40 CFR 112.
As background, the SPCC rule was originally promulgated on December 11, 1973. The 1973 SPCC rule defined “navigable waters''. In 2002, EPA amended the SPCC rule including a revision to the regulatory definition of “navigable waters”.
On March 31, 2008, the U.S. District Court for the District of Columbia ruled that the Agency's promulgation of the revised definition of "navigable waters'' in the July 2002 SPCC rule violated the Administrative Procedure Act. The court vacated the July 2002 SPCC regulatory definition of "navigable waters'' and specifically restored the 1973 SPCC regulatory definition.
[Read more about recent changes to SPCC Rule]
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