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EPA/OW

RIN: 2040-AF83

Publication ID: Spring 2024

Title: Clean Water Act Section 404 Tribal and State Program Regulation
Abstract: This action responds to longstanding requests from Tribes and states to clarify the requirements and processes to assume and administer a Clean Water Act section 404 dredge and fill permitting program. The Agency proposed revisions to the existing section 404(g) regulations on August 14, 2023. EPA plans to finalize a revised rule after reviewing public comments on the proposed rule. The final rule will facilitate Tribal and state assumption of the Clean Water Act section 404 permitting program by making the procedures and substantive requirements for assumption more transparent and straightforward; clarify how Tribes or states can ensure their programs meet the minimum requirements of the CWA while allowing for flexibility in how these requirements are met; and make technical revisions to remove outdated references associated with section 404(g) regulations.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 233
Legal Authority: 33 U.S.C. 1251 et seq Clean Water Act

Legal Deadline: Action Source Description Date None

Timetable: Action Date FR Cite NPRM  08/14/2023  88 FR 55276    Final Rule  11/00/2024

Additional Information: .
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, State, Tribal
Small Entities Affected: No	Federalism: No
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 Email: hurld.kathy@epa.gov