EPA Proposes Changes To CWA Section 404 Tribal And State Assignment And Administration Regulations

For the first time in nearly 35 years, the U.S. Environmental Protection Agency (EPA or the Agency) has proposed to comprehensively revise regulations governing how Tribes and States assume responsibility over administration of the Clean Water Act's (CWA's) Section 404 permitting program for discharges of dredged and fill material into waters of the United States (WOTUS).¹

This advisory will briefly explain the background of EPA's Section 404 Program before discussing the proposed modifications to EPA's Section 404 Tribal and State program approval system, permit requirements, program operations, compliance evaluation and enforcement provisions, federal oversight, and other miscellaneous program components.