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EPA/OW | RIN: 2040-AF88 | Publication ID: Fall 2019 |
Title: Clean Water Act Section 404(c) Regulatory Revision | |
Abstract:
Section 404 of the Clean Water Act (CWA) authorizes the Army Corps or an approved State or Tribe to issue permits for discharges of dredged or fill material at specified sites in waters of the United States. 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 regulations at 40 CFR 231 include four steps for when EPA takes an action under 404(c): 1) the Regional Administrator (RA) informs the Corps and 404 permit applicant that the EPA is initiating the 404(c) process to prohibit, restrict, deny or withdraw a specification or the use of an area for discharge of dredged or fill material in waters of the United States; 2) the RA requests public comment on the EPA’s proposed determination to take the specified action relating to the discharge at the defined site(s); 3) the RA provides a recommended determination to the EPA Administrator; and 4) the EPA Administrator prepares a final determination and communicates the findings to the Corps and applicant. This rulemaking will consider changes to the EPA's Section 404(c) review process that would govern the future use of the EPA's Section 404(c) authority. |
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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 |
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Statement of Need: Section 404 of the Clean Water Act (CWA) authorizes the Army Corps or an approved State or Tribe to issue permits for discharges of dredged or fill material at specified sites in waters of the United States. 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 changes to the EPA's section 404(c) review process that would govern the future use of the EPA's section 404(c) authority. |
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Summary of the Legal Basis: Regulations that would be updated would be proposed under the Clean Water Act, 33 U.S.C. section 1344. |
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Alternatives: Alternatives will be discussed in the proposed rule. |
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Anticipated Costs and Benefits: The anticipated costs and benefits will be determined in the proposed rule. |
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Risks: The associated risks will be determined in the proposed rule. |
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Timetable:
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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: Palmer Hough Environmental Protection Agency Office of Water Mail Code 4502T, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 566-1374 Email: hough.palmer@epa.gov Russell Kaiser Environmental Protection Agency Office of Water 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 566-0963 Email: kaiser.russell@epa.gov |