Definition of ‘‘Waters of the United States’’—Recodification of Pre-Existing Rules (33 CFR Part 328; 40 CFR Parts 110, 112, 116, 117, 122, 230, 232, 300, 302, and 401)

56667 Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 / Rules and Regulations 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Natural resources, Occupational safety and health, Oil pollution, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. 40 CFR Part 302 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Natural resources, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. 40 CFR Part 401 Environmental protection, Waste treatment and disposal, Water pollution control. Dated: September 12, 2019. Andrew R. Wheeler, Administrator, Environmental Protection Agency. Dated: September 5, 2019. R.D. James, Assistant Secretary of the Army (Civil Works). Title 33—Navigation and Navigable Waters For the reasons set out in the preamble, title 33, chapter II of the Code of Federal Regulations is amended as follows: PART 328—DEFINITION OF WATERS OF THE UNITED STATES ■ 1. The authority citation for part 328 is revised to read as follows: Authority: 33 U.S.C. 1344. ■ 2. Section 328.3 is amended by revising paragraphs (a) through (e) and adding paragraph (f) to read as follows: § 328.3 Definitions. * * * * * (a) The term waters of the United States means (1) All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (2) All interstate waters including interstate wetlands; (3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters: (i) Which are or could be used by interstate or foreign travelers for recreational or other purposes; or (ii) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (iii) Which are used or could be used for industrial purpose by industries in interstate commerce; (4) All impoundments of waters otherwise defined as waters of the United States under the definition; (5) Tributaries of waters identified in paragraphs (a)(1) through (4) of this section; (6) The territorial seas; (7) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a)(1) through (6) of this section. (8) Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other Federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States. (b) The term wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (c) The term adjacent means bordering, contiguous, or neighboring. Wetlands separated from other waters of the United States by man-made dikes or barriers, natural river berms, beach dunes and the like are ‘‘adjacent wetlands.’’ (d) The term high tide line means the line of intersection of the land with the water’s surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. (e) The term ordinary high water mark means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. (f) The term tidal waters means those waters that rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by hydrologic, wind, or other effects. Title 40—Protection of Environment For reasons set out in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows: PART 110—DISCHARGE OF OIL ■ 3. The authority citation for part 110 is revised to read as follows: Authority: 33 U.S.C. 1321(b)(3) and (b)(4) and 1361(a); E.O. 11735, 38 FR 21243, 3 CFR Parts 1971–1975 Comp., p. 793. ■ 4. Section 110.1 is amended by revising the definition of ‘‘Navigable waters’’ and adding the definition of ‘‘Wetlands’’ in alphabetical order to read as follows: § 110.1 Definitions. * * * * * Navigable waters means the waters of the United States, including the territorial seas. The term includes: (a) All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide; (b) Interstate waters, including interstate wetlands; (c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, and wetlands, the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: VerDate Sep<11>2014 17:56 Oct 21, 2019 Jkt 250001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 E:\FR\FM\22OCR2.SGM 22OCR2 56668 Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 / Rules and Regulations (1) That are or could be used by interstate or foreign travelers for recreational or other purposes; (2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; (3) That are used or could be used for industrial purposes by industries in interstate commerce; (d) All impoundments of waters otherwise defined as navigable waters under this section; (e) Tributaries of waters identified in paragraphs (a) through (d) of this section, including adjacent wetlands; and (f) Wetlands adjacent to waters identified in paragraphs (a) through (e) of this section: Provided, That waste treatment systems (other than cooling ponds meeting the criteria of this paragraph) are not waters of the United States; Navigable waters do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. * * * * * Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include playa lakes, swamps, marshes, bogs and similar areas such as sloughs, prairie potholes, wet meadows, prairie river overflows, mudflats, and natural ponds. PART 112 —OIL POLLUTION PREVENTION ■ 5. The authority citation for part 112 is revised to read as follows: Authority: 33 U.S.C. 1251 et seq.; 33 U.S.C. 2720; E.O. 12777 (October 18, 1991), 3 CFR, 1991 Comp., p. 351. ■ 6. Section 112.2 is amended by revising the definition of ‘‘Navigable waters’’ and adding the definition of ‘‘Wetlands’’ in alphabetical order to read as follows: § 112.2 Definitions. * * * * * Navigable waters of the United States means ‘‘navigable waters’’ as defined in section 502(7) of the FWPCA, and includes: (1) All navigable waters of the United States, as defined in judicial decisions prior to passage of the 1972 Amendments to the FWPCA (Pub. L. 92–500), and tributaries of such waters; (2) Interstate waters; (3) Intrastate lakes, rivers, and streams which are utilized by interstate travelers for recreational or other purposes; and (4) Intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce. * * * * * Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include playa lakes, swamps, marshes, bogs, and similar areas such as sloughs, prairie potholes, wet meadows, prairie river overflows, mudflats, and natural ponds. * * * * * PART 116—DESIGNATION OF HAZARDOUS SUBSTANCES ■ 7. The authority citation for part 116 is revised to read as follows: Authority: Secs. 311(b)(2)(A) and 501(a), Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). ■ 8. Section 116.3 is amended by revising the definition of ‘‘Navigable waters’’ to read as follows: § 116.3 Definitions. * * * * * Navigable waters is defined in section 502(7) of the Act to mean ‘‘waters of the United States, including the territorial seas,’’ and includes, but is not limited to: (1) All waters which are presently used, or were used in the past, or may be susceptible to use as a means to transport interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide, and including adjacent wetlands; the term wetlands as used in this regulation shall include those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevelance of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas; the term adjacent means bordering, contiguous or neighboring; (2) Tributaries of navigable waters of the United States, including adjacent wetlands; (3) Interstate waters, including wetlands; and (4) All other waters of the United States such as intrastate lakes, rivers, streams, mudflats, sandflats and wetlands, the use, degradation or destruction of which affect interstate commerce including, but not limited to: (i) Intrastate lakes, rivers, streams, and wetlands which are utilized by interstate travelers for recreational or other purposes; and (ii) Intrastate lakes, rivers, streams, and wetlands from which fish or shellfish are or could be taken and sold in interstate commerce; and (iii) Intrastate lakes, rivers, streams, and wetlands which are utilized for industrial purposes by industries in interstate commerce. Navigable waters do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. * * * * * PART 117—DETERMINATION OF REPORTABLE QUANTITIES FOR HAZARDOUS SUBSTANCES ■ 9. The authority citation for part 117 is revised to read as follows: Authority: Secs. 311 and 501(a), Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), (‘‘the Act’’) and Executive Order 11735, superseded by Executive Order 12777, 56 FR 54757. ■ 10. Section 117.1 is amended by revising paragraph (i) to read as follows: § 117.1 Definitions. * * * * * (i) Navigable waters means ‘‘waters of the United States, including the territorial seas.’’ This term includes: (1) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (2) Interstate waters, including interstate wetlands; (3) All other waters such as intrastate lakes, rivers, streams, (including intermittent streams), mudflats, sandflats, and wetlands, the use, degradation or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (i) Which are or could be used by interstate or foreign travelers for recreational or other purposes; (ii) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; VerDate Sep<11>2014 17:56 Oct 21, 2019 Jkt 250001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 E:\FR\FM\22OCR2.SGM 22OCR2 56669 Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 / Rules and Regulations (iii) Which are used or could be used for industrial purposes by industries in interstate commerce; (4) All impoundments of waters otherwise defined as navigable waters under this paragraph; (5) Tributaries of waters identified in paragraphs (i)(1) through (4) of this section, including adjacent wetlands; and (6) Wetlands adjacent to waters identified in paragraphs (i)(1) through (5) of this section (‘‘Wetlands’’ means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally included playa lakes, swamps, marshes, bogs, and similar areas such as sloughs, prairie potholes, wet meadows, prairie river overflows, mudflats, and natural ponds): Provided, That waste treatment systems (other than cooling ponds meeting the criteria of this paragraph) are not waters of the United States. Navigable waters do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. * * * * * PART 122—EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ■ 11. The authority citation for part 122 continues to read as follows: Authority: The Clean Water Act, 33 U.S.C. 1251 et seq. ■ 12. Section 122.2 is amended by: ■ a. Lifting the suspension of the last sentence of the definition of ‘‘Waters of the United States’’ published July 21, 1980 (45 FR 48620). ■ b. Revising the definition of ‘‘Waters of the United States’’. ■ c. Suspending the last sentence of the definition of ‘‘Waters of the United States’’ published July 21, 1980 (45 FR 48620). ■ d. Adding the definition of ‘‘Wetlands’’. The revision and addition read as follows: § 122.2 Definitions. * * * * * Waters of the United States or waters of the U.S. means: (a) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (b) All interstate waters, including interstate ‘‘wetlands;’’ (c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, ‘‘wetlands,’’ sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) Which are or could be used by interstate or foreign travelers for recreational or other purposes; (2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (3) Which are used or could be used for industrial purposes by industries in interstate commerce; (d) All impoundments of waters otherwise defined as waters of the United States under this definition; (e) Tributaries of waters identified in paragraphs (a) through (d) of this definition; (f) The territorial sea; and (g) ‘‘Wetlands’’ adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the United States (such as disposal area in wetlands) nor resulted from the impoundment of waters of the United States. [See Note 1 of this section.] Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. * * * * * PART 230—SECTION 404(b)(1) GUIDELINES FOR SPECIFICATION OF DISPOSAL SITES FOR DREDGED OR FILL MATERIAL ■ 13. The authority citation for part 230 is revised to read as follows: Authority: Secs. 404(b) and 501(a) of the Clean Water Act of 1977 (33 U.S.C. 1344(b) and 1361(a)). ■ 14. Section 230.3 is amended by: ■ a. Redesignating paragraph (o) as paragraph (s). ■ b. Revising newly redesignated paragraph (s). ■ c. Redesignating paragraph (n) as paragraph (r). ■ d. Redesignating paragraph (m) as paragraph (q-1). ■ e. Redesignating paragraphs (h) through (l) as paragraphs (m) through (q). ■ f. Redesignating paragraphs (e) and (f) as paragraphs (h) and (i). ■ g. Redesignating paragraph (g) as paragraph (k). ■ h. Redesignating paragraphs (b) through (d) as paragraphs (c) through (e). ■ i. Adding reserved paragraphs (f), (g), (j), and (l). ■ j. Adding paragraphs (b) and (t). The revision and additions read as follows: § 230.3 Definitions. * * * * * (b) The term adjacent means bordering, contiguous, or neighboring. Wetlands separated from other waters of the United States by man-made dikes or barriers, natural river berms, beach dunes, and the like are ‘‘adjacent wetlands.’’ * * * * * (s) The term waters of the United States means: (1) All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (2) All interstate waters including interstate wetlands; (3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters: VerDate Sep<11>2014 17:56 Oct 21, 2019 Jkt 250001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\22OCR2.SGM 22OCR2 56670 Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 / Rules and Regulations (i) Which are or could be used by interstate or foreign travelers for recreational or other purposes; or (ii) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (iii) Which are used or could be used for industrial purposes by industries in interstate commerce; (4) All impoundments of waters otherwise defined as waters of the United States under this definition; (5) Tributaries of waters identified in paragraphs (s)(1) through (4) of this section; (6) The territorial sea; (7) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (s)(1) through (6) of this section; waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. (t) The term wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. PART 232—404 PROGRAMS DEFINITIONS; EXEMPT ACTIVITIES NOT REQUIRING 404 PERMITS ■ 15. The authority citation for part 232 is revised to read as follows: Authority: 33 U.S.C. 1344. ■ 16. Section 232.2 is amended by revising the definition of ‘‘Waters of the United States’’ and adding the definition of ‘‘Wetlands’’ to read as follows: § 232.2 Definitions. * * * * * Waters of the United States means: All waters which are currently used, were used in the past, or may be susceptible to us in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide. All interstate waters including interstate wetlands. All other waters, such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which would or could affect interstate or foreign commerce including any such waters: Which are or could be used by interstate or foreign travelers for recreational or other purposes; or From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or Which are used or could be used for industrial purposes by industries in interstate commerce. All impoundments of waters otherwise defined as waters of the United States under this definition; Tributaries of waters identified in paragraphs (g)(1)–(4) of this section; The territorial sea; and Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (q)(1)–(6) of this section. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the Act (other than cooling ponds as defined in 40 CFR 123.11(m) which also meet the criteria of this definition) are not waters of the United States. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. PART 300—NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN ■ 17. The authority citation for part 300 is revised to read as follows: Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p.306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p.193. ■ 18. Section 300.5 is amended by revising the definition of ‘‘Navigable waters’’ to read as follows: § 300.5 Definitions. * * * * * Navigable waters as defined by 40 CFR 110.1, means the waters of the United States, including the territorial seas. The term includes: (1) All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide; (2) Interstate waters, including interstate wetlands; (3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, and wetlands, the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters; (i) That are or could be used by interstate or foreign travelers for recreational or other purposes; (ii) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; (iii) That are used or could be used for industrial purposes by industries in interstate commerce; (4) All impoundments of waters otherwise defined as navigable waters under this section; (5) Tributaries of waters identified in paragraphs (a) through (d) of this definition, including adjacent wetlands; and (6) Wetlands adjacent to waters identified in paragraphs (a) through (e) of this definition: Provided, that waste treatment systems (other than cooling ponds meeting the criteria of this paragraph) are not waters of the United States. (7) Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. * * * * * ■ 19. In appendix E to part 300, section 1.5 is amended by revising the definition of ‘‘Navigable waters’’ to read as follows: Appendix E to Part 300—Oil Spill Response * * * * * VerDate Sep<11>2014 17:56 Oct 21, 2019 Jkt 250001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 E:\FR\FM\22OCR2.SGM 22OCR2 56671 Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 / Rules and Regulations 1.5 Definitions. * * * Navigable waters as defined by 40 CFR 110.1 means the waters of the United States, including the territorial seas. The term includes: (a) All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide; (b) Interstate waters, including interstate wetlands; (c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, and wetlands, the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) That are or could be used by interstate or foreign travelers for recreational or other purposes; (2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; and (3) That are used or could be used for industrial purposes by industries in interstate commerce. (d) All impoundments of waters otherwise defined as navigable waters under this section; (e) Tributaries of waters identified in paragraphs (a) through (d) of this definition, including adjacent wetlands; and (f) Wetlands adjacent to waters identified in paragraphs (a) through (e) of this definition: Provided, that waste treatment systems (other than cooling ponds meeting the criteria of this paragraph) are not waters of the United States. (g) Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. * * * * * PART 302—DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION ■ 20. The authority citation for part 302 continues to read as follows: Authority: 42 U.S.C. 9602, 9603, and 9604; 33 U.S.C. 1321 and 1361. ■ 21. Section 302.3 is amended by revising the definition of ‘‘Navigable waters’’ to read as follows: § 302.3 Definitions. * * * * * Navigable waters or navigable waters of the United States means waters of the United States, including the territorial seas; * * * * * PART 401—GENERAL PROVISIONS ■ 22. The authority citation for part 401 is revised to read as follows: Authority: Secs. 301, 304 (b) and (c), 306 (b) and (c), 307 (b) and (c) and 316(b) of the Federal Water Pollution Control Act, as amended (the ‘‘Act’’), 33 U.S.C. 1251, 1311, 1314 (b) and (c), 1316 (b) and (c), 1317 (b) and (c) and 1326(c); 86 Stat. 816 et seq.; Pub. L. 92–500. ■ 23. Section 401.11 is amended by revising paragraph (l) to read as follows: § 401.11 General definitions. * * * * * (l) The term navigable waters includes: All navigable waters of the United States; tributaries of navigable waters of the United States; interstate waters; intrastate lakes, rivers, and streams which are utilized by interstate travelers for recreational or other purposes; intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce; and intrastate lakes, rivers, and streams which are utilized for industrial purposes by industries in interstate commerce. Navigable waters do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. * * * * * [FR Doc. 2019–20550 Filed 10–21–19; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 17:56 Oct 21, 2019 Jkt 250001 PO 00000 Frm 00047 Fmt 4701 Sfmt 9990 E:\FR\FM\22OCR2.SGM 22OCR2