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EPA/OW RIN: 2040-AF83 Publication ID: Fall 2018 
Title: Clean Water Act 404 Assumption Update Regulation 

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.

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
Action Date FR Cite
NPRM  03/00/2020 
Final Rule  03/00/2021 
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

Ruth Chemerys
Environmental Protection Agency
Office of Water
4504F, Mail Code 4503T,
Washington, DC 20460
Phone:202 566-1216