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EPA/OW RIN: 2040-AF90 Publication ID: Spring 2021 
Title: Compensatory Mitigation for Losses of Aquatic Resources--Review and Approval of Mitigation Banks and In-Lieu Fee Programs 
Abstract:

In 2008, EPA and the Army Corps of Engineers (Corps) issued a final rule governing compensatory mitigation for activities authorized by Clean Water Act (CWA) section 404 permits and associated losses of aquatic resources (73 FR 19593). The current regulation prescribes a review and approval process for the establishment and management of mitigation banks and in-lieu fee programs. The current regulation also includes time frames for certain steps in the mitigation bank and in-lieu fee program review and approval process. The review and approval process for mitigation banks and in-lieu fee current programs include an opportunity for public and agency review and comment, as well as a second review by an interagency review team. This proposal is intended to consider ways to enhance the efficiency of the mitigation bank and in-lieu fee program approval time frames with the goal of generating savings to the public through shorter review times for proposed mitigation banks, in-lieu fee programs, instrument modifications, and credit release requests while also promoting conservation and wetland mitigation projects.  EPA will also consider whether there are additional opportunities for efficiency and clarity improvement in other areas of the regulation as well as additional ways to increase opportunities for investment in conservation.

 
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 
CFR Citation: 40 CFR 230   
Legal Authority: 33 U.S.C. 1251 et seq. Clean Water Act   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  09/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Undetermined 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 0710-AA83 
Agency Contact:
Clay Miller
Environmental Protection Agency
Office of Water
1200 Pennsyvania Avenue NW,
Washington, DC 20460
Phone:202 566-1365
Email: miller.clay@epa.gov

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