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EPA/OW RIN: 2040-AF88 Publication ID: Spring 2019 
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.” The current 404(a) process includes four steps: 1) the Regional Administrator (RA) informs the Corps and applicant that EPA is initiating the 404(c) process; 2) the RA requests public comment on a proposed determination; 3) the RA provides a recommended determination to the Administrator; and 4) the Administrator prepares a final determination and communicates the findings to the Corps and applicant. This rulemaking will consider, at minimum, changes to the U.S. Environmental Protection Agency's (EPA) Section 404(c) review process that would govern the future use of the EPA's Section 404(c) authority.

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 40 CFR 230   
Legal Authority: 33 U.S.C. 1251 et seq., Clean Water Act   
Legal Deadline:  None
Action Date FR Cite
NPRM  11/00/2019 
Final Rule  09/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Palmer Hough
Environmental Protection Agency
Office of Water
EPA Office of Water, Mail Code 4502T, 1200 Pennsylvania Avenue, NW,
Washington , DC 20460
Phone:202 566-1374

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