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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.

 
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
Timetable:
Action Date FR Cite
NPRM  09/00/2019 
Final Rule  09/00/2020 
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 4502T,
Washington, DC 20460
Phone:202 566-1269
Email: hurld.kathy@epa.gov