The EPA on Wednesday issued a final rule intended to make it easier for states and tribes to take over a key permitting program that regulates development activities in and around federally protected waters.
The regulation is a response to states’ and tribes’ lack of clarity about assuming the federal Clean Water Act’s Section 404 dredge-and-fill program. Complaints included confusion around which waters they would be in charge of and requirements for taking over the program.
Wednesday’s announcement marks the first comprehensive update to Section 404 state and tribal program assumption regulations in 35 years, the Environmental Protection Agency said ...
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