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EPA/OW RIN: 2040-AF83 Publication ID: Spring 2025 
Title: Clean Water Act Section 404 Tribal and State Assumption Program 
Abstract:

This action responds to longstanding requests from Tribes and states to clarify the requirements and processes to assume and administer a Clean Water Act section 404 dredge and fill permitting program. The Agency proposed revisions to the existing section 404(g) regulations on August 14, 2023. The final rule responds to input received from Tribes, states, and stakeholder groups as well as feedback received during the public comment period. It facilitates Tribal and state assumption of the Clean Water Act section 404 permitting program by making the procedures and substantive requirements for assumption more transparent and straightforward; clarifying the minimum requirements for section 404 program assumption while allowing for flexibility in how these requirements are met; and making technical revisions, including removing outdated references associated with the section 404(g) regulations. The final rule was published on December 18, 2024, and became effective on January 17, 2025.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Not subject to, not significant 
CFR Citation: 40 CFR 233   
Legal Authority: 33 U.S.C. 1251 et seq. Clean Water Act   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  08/14/2023  88 FR 55276   
Final Rule  12/18/2024  89 FR 103454   
Final Action Effective  01/17/2025 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Christine Maietta
Environmental Protection Agency
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-1854
Email: maietta.christine@epa.gov