Revisions to the Clean Water Act Regulatory Definition of “Discharge of Dredged Material”; Final Rule

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The U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) (together, the "Agencies") are promulgating 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.