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Section 404 of the Clean Water Act

Final Revisions to the Clean Water Act Regulatory Definitions of "Fill Material" and "Discharge of Fill Material"

On May 9, 2002, the Army Corps of Engineers and the EPA published a rule reconciling their previously differing Clean Water Act section 404 regulations defining the term "fill material'' and amended their definition of "discharge of fill material.'' The final rule completes a rulemaking process initiated by an April 20, 2000, proposal. The final rule amends the regulations so that both agencies have identical definitions of these key terms. The effective date for the final rule was June 10, 2002.