(AGENPARL) – mer 11 dicembre 2024 Issued: Dec 11, 2024 (1:00pm EST)
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EPA Announces the Final Rule to Modernize State and Tribal Implementation of
Clean Water Act Program
This rule provides clarity to state and Tribal partners interested in
administering Clean Water Act dredge or fill material permitting
WASHINGTON – Today, December 11, the U.S. Environmental Protection Agency
announced a final rule to streamline, modernize, and clarify the procedures
for states, territories and authorized Tribes to administer programs that
protect local waterbodies. This is the first comprehensive update to the Clean
Water Act Section 404(g) Tribal and State Assumption Program regulations in 35
years.
“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,” said EPA Principal Deputy Administrator for Water
Bruno Pigott. “This final rule will make it easier for states and Tribes to
administer a vitally important permitting program while complying with Clean
Water Act requirements that have strengthened our water resources for 50
years.”
The 2024 Rule for the Clean Water Act Section 404(g) Tribal and State
Assumption Program clarifies the procedures and requirements for states,
territories and authorized Tribes to assume and administer the Clean Water Act
Section 404 permitting program in some waters of the United States. Since the
program was enacted in 1977, many Tribes and states have expressed interest in
administering the program. Tribes, states and other stakeholders have
identified several barriers to assumption and requested that EPA clarify the
program’s requirements and procedures.
The 2024 Rule responds to this feedback and establishes new procedures to
address these barriers. It also harmonizes the requirements for program
assumption with existing requirements for program operation and creates new
opportunities for Tribal engagement and public input. Further, the 2024 Rule
clarifies EPA’s oversight role, which will increase transparency and help
facilitate conversations between EPA and the assuming state or Tribe. Because
the 2024 Rule replaces outdated and unclear procedures with more transparent
requirements and more streamlined procedures, the 2024 Rule will facilitate
assumption of Clean Water Act Section 404 while ensuring that approved state
and Tribal programs are meeting their requirements.
For more information, including a pre-publication version of the Federal
Register notice and fact sheets, visit the CWA 404g website.
Background
On July 19, 2023, EPA announced the proposed rule to revise the regulatory
requirements for the Clean Water Act Section 404(g) Tribal and State
Assumption Program. EPA conducted pre-proposal engagement and provided a
60-day public comment period on the proposed rule to help inform the content
of the final rule. The 2024 Rule responds to public input.
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