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EPA/OW RIN: 2040-AF83 Publication ID: Spring 2020 
Title: Clean Water Act 404 Assumption Update Regulation 

Clean Water Act (CWA) section 404(g) authorizes states and tribes to assume administration of the dredged and fill permitting program for certain waters, within their borders, and it addresses the requirements for implementation and the EPA oversight. In April 2014, states and tribes requested that the EPA clarify those waters over which a state or tribe may assume CWA section 404 permit responsibilities, and those waters over which the U.S. Army Corps of Engineers (Corps) retains CWA section 404 permit responsibility, under an approved state or tribal program. In 2015, the EPA convened a Federal Advisory Committee (FACA), comprised of state, tribal and other stakeholder representatives charged with providing recommendations for how the EPA could provide clarity on this issue. This rule is intended to provide clarity on the issue of which waters are assumable following the EPA's consideration of the FACA recommendations and to provide needed technical corrections and updates to the existing 1988 regulations.

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: Regulatory 
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  08/00/2020 
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 4504T,
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