View Rule

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.

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).

Alternatives:

The alternatives will be determined.

Anticipated Costs and Benefits:

The anticipated costs and benefits will be determined.

Risks:

The associated risks will be determined.