The US 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 the EPA’s oversight role, which will increase transparency and help facilitate conversations between the 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 Because the 2024 Rule replaces outdated and unclear procedures with more transparent requirements and more streamlined procedures, the 2024 Rule will facilitate the assumption of Clean Water Act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 a 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.
