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EPA/OW | RIN: 2040-AF83 | Publication ID: Spring 2018 |
Title: ●Clean Water Act Section 404 Assumption Update Regulation | |
Abstract:
CWA section 404(g) provides for state and tribes to assume administration of the dredged and fill permitting program for certain waters, and addresses the requirements for implementation and EPA oversight. This rule is intended to provide general updates to the 1988 regulations and provide clarity on specific issue(s) requested by the states and tribes. Specifically, states and tribes requested that the EPA clarify which waters the state/tribe has CWA section 404 permit responsibilities, and which waters the USACE retains CWA 404 permit responsibility, under an approved state/tribal program. In 2015, EPA convened a Federal Advisory Committee (FACA), comprised of state, tribal and other stakeholder representatives charging them with providing recommendations on how EPA could provide clarity on this issue. This rule is intended to provide clarity on which waters are assumable after consideration of the FACA recommendations and provide needed technical corrections and updates to the 1988 regulations. |
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Agency: Environmental Protection Agency(EPA) | Priority: Substantive, Nonsignificant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Other | |
CFR Citation: 40 CFR 404 | |
Legal Authority: 33 U.S.C. 1251 et seq. |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, State, Tribal |
Small Entities Affected: No | Federalism: Undetermined |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Kathy Hurld Environmental Protection Agency Office of Water Mail Code 4504T, Washington, DC 20460 Phone:202 566-1269 Email: hurld.kathy@epa.gov |