The Old Becomes New – Navigable Waters

U.S. EPA has redefined the term “navigable waters” for purposes of the Spill Prevention, Countermeasure and Control rule (SPCC rule) (40 C.F.R Part 112). Restored to the regulatory definition promulgated by EPA in 1973, the term now includes:

1. All navigable waters of the United States, as defined in judicial decisions prior to passage of the 1972 Amendments to the Clean Water Act;
2. interstate waters;
3. intrastate lakes, rivers, and streams used by interstate travelers; and
4. intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce.

On its face, and for the time being, this is a significant reduction in the definition’s reach.

[Update: A Federal Register copy of the rule can be found here.]