![]() ![]() Compliance and enforcement authorities as specified in the regulations and.Permit issuance consistent with the environmental review criteria known as the Clean Water Act Section 404(b)(1) Guidelines.Regulation of at least the same scope of activities as the Section 404 program.Regulating discharges into all assumed waters within the state or tribe’s jurisdiction.Administrative and judicial review procedures.The assumed program must include, but is not limited to, the following provisions: What are the General Requirements for an Assumed State or Tribal Program?Īn assumed program must be consistent with and no less stringent than the requirements of the Clean Water Act and regulations. In 1988, EPA revised the regulations ( 40 CFR 233) that contain criteria and procedures for approving, reviewing, and withdrawing approval of a state or tribal Section 404 program. An assumed program operates under state or tribal law a state or tribe must have its own laws that authorize the regulatory program and meet Clean Water Act requirements, including ensuring permits comply with environmental review criteria known as the Clean Water Act Section 404(b)(1) Guidelines. EPA can also withdraw program approval if the assumed program does not comply with applicable statutes and regulations ( U.S.C. ![]() The amendments require EPA to approve or deny a state or tribal request to assume the permit program, to oversee operation of the assumed program, and to coordinate federal review of state or tribal permit actions. In amendments to the Clean Water Act in 19, Congress gave states and tribes the ability to assume responsibility for part of the Clean Water Act Section 404 permit program. What Laws and Regulations Relate to Assumption? Learn more about the Section 404 permitting program.The Clean Water Act provides that the Corps retains permitting authority in certain tidal waters and other specified waters currently related to the transport of interstate or foreign commerce. Section 404 of the Clean Water Act requires a permit before dredged or fill material may be discharged into waters of the United States. Section 404(g) of the Clean Water Act gives states and tribes the option of assuming, or taking over, the permitting responsibility and administration of the Section 404 permit program for certain waters. Section 404 permits for those assumed waters would be issued by the state or tribe instead of the U.S. ![]()
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