EPA Proposal Clarifies State, Tribal Control of Water Permits

The EPA proposed a new rule intended to streamline requirements for states and tribes that want to run a key federal permitting program for development activities in and around waters of the US.

The Environmental Protection Agency’s announcement Wednesday spells out key requirements for tribes and states that want to assume the federal dredge-and-fill permitting program under Section 404 of the Clean Water Act.

The agency and the Army Corps of Engineers currently have primary authority over the 404 program, which governs the disposal of pollutants into the waters of the US, or WOTUS.

Only Florida, Michigan, and New Jersey—and ...