WASHINGTON (July 19, 2023) – Today, the U.S. Environmental Protection Agency (EPA) announced a proposed rule that would streamline and clarify the requirements and steps necessary for states and Tribes to administer programs protecting waterways from discharges of dredged or fill material without a permit. The Clean Water Act envisions collaborative implementation between EPA and state and Tribal co-regulators to protect our nation’s waters that support public health, thriving ecosystems, business development, recreation, agriculture, and more. EPA’s proposal would address key barriers identified by states and Tribes to administering Clean Water Act section 404 while expanding opportunities for Tribes to meaningfully engage in permitting actions.
“Many state and Tribal partners share EPA’s goal of protecting our nations waterways as envisioned by Congress and embodied in the Clean Water Act. That’s why EPA is proposing this to strengthen our partnership with states and Tribes, ensuring clean water protections,” said EPA Assistant Administrator for Water Radhika Fox. “Today’s proposal will support co-regulator efforts to administer their own programs to manage discharges of dredged or fill material into our nation’s waters.”
Currently, three states administer their own Clean Water Act section 404 programs, which prohibit the discharge of dredged or fill material into a water of the United States without a permit. The last major update to these regulations occurred in 1988. This proposal responds to state and Tribal requests that EPA clarify the process to assume and administer the section 404 program, including which water bodies would be covered under the program and mitigation and enforcement responsibilities.
“The National Association of Wetland Managers (NAWM) supports efforts by EPA to clarify and expand opportunities for assumption of the Section 404 program,” said Marla Stelk, Executive Director of NAWM. “For many states and tribes, assumption can offer a way to improve protection of their wetlands and other aquatic resources. Program assumption can reduce duplicative state, Tribal and federal permitting requirements and increase integration with related water management programs.”
EPA is committed to meaningful stakeholder engagement on this action. After the proposed rule is published in the Federal Register, a 60-day public comment period will begin during which states, Tribes and the public may provide input on the proposed rule. Visit EPA’s CWA section 404 website for more information on providing comments and upcoming outreach opportunities.
Read more information about CWA section 404 program assumption.
Background
Clean Water Act (CWA) section 404 prohibits the discharge or dredged or fill material into a water of the United States without a permit. The CWA 404 permit program is generally administered by the U.S. Army Corps of Engineers; however, section 404(g) of the CWA authorizes states and Tribes to assume responsibility for the administration of the CWA section 404 program. This includes permitting of the discharge of dredged and fill material into waters of the United States, compliance, enforcement, mitigation, and all other aspects of the program. EPA approves and oversees all state and Tribal section 404 programs. To date, there are three states (Michigan, New Jersey, and Florida) that administer an approved CWA section 404 program. Currently, no Tribes administer a program.
from EPA News Releases https://ift.tt/zQhPNvc