greyseal
12-16-2013, 09:09 AM
THE E.P.A. AUTHORITY IS FOR POLLUTION CONTROL OF THE FEDERAL SECURITY AGENCY,OR THE FEDERAL WORKS AGENCY, AND DOES NOT APPLY TO THE SEVERAL STATES.
E.P.A. LETTER (below) STATES THE AGENCY’S AUTHORITY IS PUBLIC LAW 92-500, A MERE AMENDMENT TO THE ACT OF June 30, 1948, ch. 758, PUBLIC LAW 845(link below), an amendment cannot exceed the original enactment unless a person works for the FEDERAL SECURITY AGENY, OR THE FEDERAL WORKS AGENCY,THEY ARE NOT SUBJECT TO THE E.P.A.
United States Office of Solid Waste 530-F-08-017
Environmental Protection and Emergency Response November 2008
Agency www.epa.gov/emergencies
On November 26, 2008, EPA promulgated a final rule to amend a Clean Water Act (CWA) section 311 regulation that defines the term “navigable waters” (73 FR 71941). In this action, EPA announced the vacatur of the July 17, 2002, revisions to the definition of “navigable waters” in accordance with an order, issued by the United States District Court for the District of Columbia (D.D.C.) in American Petroleum Institute v. Johnson, 571 F.Supp.2d 165 (D.D.C. 2008), invalidating those revisions. The court decision also restored the regulatory definition of “navigable waters” promulgated by EPA in 1973; consequently, EPA is amending the definition of “navigable waters” in part 112 to comply with that decision. This final rule does not amend the definition of “navigable waters” in any other regulation that has been promulgated by EPA.
The term “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 the passage of the 1972 Amendments of the Federal Water Pollution Control Act, (FWPCA) (Pub. L. 92-500) also known as the Clean Water Act (CWA), and tributaries of such waters as;
(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.
_____________________________________________-
PARALLEL TABLE OF AUTHORITIES AND RULES
http://www.gpo.gov/help/parallel_table.pdf
Authorities
92–500..................40 Parts 21, 136, 140, 421, 429
40 CFR 116.3 - DEFINITIONS.
§ 116.3
Definitions.
As used in this part, all terms shall have the meaning defined in the Act and as given below:
The Act means the Federal Water Pollution Control Act, as amended by the Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500), and as further amended by the Clean Water Act of 1977 (Pub. L. 95-217), 33 U.S.C. 1251 et seq.; and as further amended by the Clean Water Act Amendments of 1978 (Pub. L. 95-676);
Contiguous zone means the entire zone established or to be established by the United States under article 24 of the Convention of the Territorial Sea and the Contiguous Zone;
June 30, 1948, ch. 758, title III, Sec. 311, as added Oct. 18, 1972, Pub. L. 92-500, Sec. 2, 86 Stat. 862
_____________________________________
THE ACTUAL LAW, PUBLIC LAW 92-500 AMENDED
CHAPTER 758 June 30, 1948, Public Law 845
AN ACT
To provide for water pollution control activities in the Public Health Service of the Federal Security Agency and in the Federal Works Agency, and for other purposes.
*note States retain their rights.
http://www.wilderness.net/NWPS/documents/publiclaws/PDF/80-845.pdf
E.P.A. LETTER (below) STATES THE AGENCY’S AUTHORITY IS PUBLIC LAW 92-500, A MERE AMENDMENT TO THE ACT OF June 30, 1948, ch. 758, PUBLIC LAW 845(link below), an amendment cannot exceed the original enactment unless a person works for the FEDERAL SECURITY AGENY, OR THE FEDERAL WORKS AGENCY,THEY ARE NOT SUBJECT TO THE E.P.A.
United States Office of Solid Waste 530-F-08-017
Environmental Protection and Emergency Response November 2008
Agency www.epa.gov/emergencies
On November 26, 2008, EPA promulgated a final rule to amend a Clean Water Act (CWA) section 311 regulation that defines the term “navigable waters” (73 FR 71941). In this action, EPA announced the vacatur of the July 17, 2002, revisions to the definition of “navigable waters” in accordance with an order, issued by the United States District Court for the District of Columbia (D.D.C.) in American Petroleum Institute v. Johnson, 571 F.Supp.2d 165 (D.D.C. 2008), invalidating those revisions. The court decision also restored the regulatory definition of “navigable waters” promulgated by EPA in 1973; consequently, EPA is amending the definition of “navigable waters” in part 112 to comply with that decision. This final rule does not amend the definition of “navigable waters” in any other regulation that has been promulgated by EPA.
The term “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 the passage of the 1972 Amendments of the Federal Water Pollution Control Act, (FWPCA) (Pub. L. 92-500) also known as the Clean Water Act (CWA), and tributaries of such waters as;
(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.
_____________________________________________-
PARALLEL TABLE OF AUTHORITIES AND RULES
http://www.gpo.gov/help/parallel_table.pdf
Authorities
92–500..................40 Parts 21, 136, 140, 421, 429
40 CFR 116.3 - DEFINITIONS.
§ 116.3
Definitions.
As used in this part, all terms shall have the meaning defined in the Act and as given below:
The Act means the Federal Water Pollution Control Act, as amended by the Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500), and as further amended by the Clean Water Act of 1977 (Pub. L. 95-217), 33 U.S.C. 1251 et seq.; and as further amended by the Clean Water Act Amendments of 1978 (Pub. L. 95-676);
Contiguous zone means the entire zone established or to be established by the United States under article 24 of the Convention of the Territorial Sea and the Contiguous Zone;
June 30, 1948, ch. 758, title III, Sec. 311, as added Oct. 18, 1972, Pub. L. 92-500, Sec. 2, 86 Stat. 862
_____________________________________
THE ACTUAL LAW, PUBLIC LAW 92-500 AMENDED
CHAPTER 758 June 30, 1948, Public Law 845
AN ACT
To provide for water pollution control activities in the Public Health Service of the Federal Security Agency and in the Federal Works Agency, and for other purposes.
*note States retain their rights.
http://www.wilderness.net/NWPS/documents/publiclaws/PDF/80-845.pdf