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EPA/OW | RIN: 2040-AF83 | Publication ID: Fall 2018 |
Title: Clean Water Act 404 Assumption Update Regulation | |
Abstract:
CWA Section 404(g) provides for States 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 those waters for which State/Tribe may assume CWA section 404 permit responsibilities, and those waters for which 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 as to how EPA could provide clarity on this issue. This rule is intended to provide clarity on the issue of which waters are assumable following EPA's consideration of the FACA recommendations and to provide needed technical corrections and updates to the 1988 regulations. |
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Agency: Environmental Protection Agency(EPA) | Priority: Substantive, Nonsignificant |
RIN Status: Previously 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 233 | |
Legal Authority: 33 U.S.C. 1251 et seq., Clean Water Act |
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 Ruth Chemerys Environmental Protection Agency Office of Water 4504F, Mail Code 4503T, Washington, DC 20460 Phone:202 566-1216 Email: chemerys.ruth@epa.gov |