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EPA/OW | RIN: 2040-AG09 | Publication ID: Spring 2024 |
Title: Criminal Negligence Standard for State Clean Water Act 402 and 404 Programs | |
Abstract:
Section 402 of the Clean Water Act (CWA) allows states and tribes to be approved to administer the National Pollutant Discharge Elimination System (NPDES) permit program. States and tribes can also assume the CWA program for dredge and fill activities under section 404(g). EPA plans to finalize regulations to clarify the criminal intent standard applicable to state and tribal CWA 402 and 404(g) programs when administering those programs. |
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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 122 | |
Legal Authority: 33 U.S.C. 1251 et seq. Clean Water Act |
Legal Deadline:
None |
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Timetable:
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Additional Information: A specific deadline does not apply to this action. However, this action relates to the 9th Circuit court case Idaho Conservation League v. EPA No. 18-72684 (Ninth Circuit September 10th 2020) decision the results of which EPA was instructed to address "promptly." | |
Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Federal, State, Tribal |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Nizanna Bathersfield Environmental Protection Agency Office of Water 4203M, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 564-2258 Email: bathersfield.nizanna@epa.gov Kevin Weiss Environmental Protection Agency Office of Water 4203M, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 564-0742 Fax:202 564-0717 Email: weiss.kevin@epa.gov |