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EPA/OW RIN: 2040-AF88 Publication ID: Fall 2018 
Title: ●Clean Water Act Section 404(c) Regulatory Revision 

Section 404(c) of the Clean Water Act authorizes the Administrator "to prohibit the specification (including withdrawal of the specification) of any defined area as a disposal site" as well as to "deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site . . . whenever he determines, after notice and opportunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas." This rulemaking will consider, at minimum, changes to EPA's 404(c) review process that would govern the future use of EPA's section 404(c) authority.

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 40 CFR 230   
Legal Authority: "Not Yet Determined"   
Legal Deadline:  None

Statement of Need:

The EPA’s regulations governing CWA Section 404(c) are being revisited to reflect today’s permitting process and modern-day methods and protections, including the robust ex siting processes under the National Environmental Policy Act that requires federal agencies to consider the environmental and related social and economic effects of their proposed actions while providing opportunities for public review and comment on those evaluations. The updated regulations have the opportunity for increasing certainty for landowners, investors, businesses and entrepreneurs to make investment decisions while preserving the EPA’s authority to restrict discharges of dredge or fill material that will have an unacceptable adverse effect on water supplies, recreation, fisheries and wildlife.

Summary of the Legal Basis:

Clean Water Act (CWA) 404(c).


The alternatives will be determined.

Anticipated Costs and Benefits:

The anticipated costs and benefits will be determined.


The associated risks will be determined.

Action Date FR Cite
NPRM  06/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Brian Frazer
Environmental Protection Agency
Office of Water
Washington, DC 20460
Phone:202 566-1652
Fax:202 566-1349

Russell Kaiser
Environmental Protection Agency
Office of Water
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-0963