Data / Federal rules / 2024-29484
Clean Water Act Section 404 Tribal and State Assumption Program
The Environmental Protection Agency published this final rule in the Federal Register on December 18, 2024. It took effect on January 17, 2025.
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What the agency says
The Environmental Protection Agency (EPA or the Agency) is finalizing the Agency's first comprehensive revisions to the regulations governing Clean Water Act (CWA) section 404 Tribal and State programs since 1988. The primary purpose of the revisions is to respond to longstanding requests from Tribes and States to clarify the requirements and processes for the assumption and administration of a CWA section 404 permitting program for discharges of dredged and fill material. The revisions facilitate Tribal and State assumption and administration of CWA section 404, consistent with the policy of the CWA as described in section 101(b), by making the procedures and substantive requirements for assumption transparent and straightforward. It clarifies the minimum requirements for Tribal and State programs while ensuring flexibility to accommodate individual Tribal and State needs. In addition, the final rule clarifies the criminal negligence standard in the CWA section 404 program, as well as making a corresponding change in the section 402 program. Finally, the final rule makes technical revisions, including removing outdated references associated with the section 404 Tribal and State program regulations.
Key facts
- Document number
- 2024-29484
- Type
- Final rule
- Action
- Final rule
- Agency
- Environmental Protection Agency
- Published
- December 18, 2024
- Takes effect
- January 17, 2025
- Dates
- This rule is effective on January 17, 2025. The incorporation by reference of certain material listed in the rule is approved by the Director of the Federal Register as of January 17, 2025.
- Docket
- EPA-HQ-OW-2020-0276; FRL-6682-01-OW
- Regulation ID (RIN)
- 2040-AF83
- Code of Federal Regulations
- 40 CFR 123; 40 CFR 124; 40 CFR 232; 40 CFR 233
- Topics
- Administrative practice and procedure; Air pollution control; Environmental protection; Flood control; Hazardous waste; Incorporation by reference; Indians-lands; Intergovernmental relations; Penalties; Reporting and recordkeeping requirements; Water pollution control; Water supply
- Significant
- Yes, under Executive Order 12866
- Pages
- 56
Other documents from the Environmental Protection Agency
Everything from the Environmental Protection Agency · Rules on administrative practice and procedure · Rules on air pollution control · Rules on environmental protection · Published in December 2024
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