Sec. 5. Identification of waters protected by the Clean Water Act
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The Secretary of the Army and the Administrator of the Environmental Protection Agency may not— finalize, adopt, implement, administer, or enforce the proposed guidance described in the notice of availability and request for comments entitled EPA and Army Corps of Engineers Guidance Regarding Identification of Waters Protected by the Clean Water Act (EPA–HQ–OW–2011–0409) (76 Fed. Reg. 24479 (May 2, 2011)); and use the guidance described in paragraph (1), any successor document, or any substantially similar guidance made publicly available on or after December 3, 2008, as the basis for any decision regarding the scope of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) or any rulemaking.
The use of the guidance described in subsection (a)(1), or any successor document or substantially similar guidance made publicly available on or after December 3, 2008, as the basis for any rule shall be grounds for vacating the rule.
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- 76 FR 24479
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