Call the epa wetlands protection hotjine 1 us8oo 832 7828 hothne hours mondayfrt ay, 9 oo am to 5. The clean water act cwa is the primary federal law in the united states governing water pollution. Rather, section 404 f1 exempts only those activities specifically identified. The application of the federal fiveyear statute of. Primaryfederalstate water regulatory authorities in mn 1 federal clean water act section 404 u. This council on environmental quality memorandum establishes procedures for coordinating agency views and formulating administration policy prior to requesting congressional action on projects that may be subject to section 404 r of the clean water act federal water pollution control act, as amended. Clean water laws, regulations, and executive orders related to. These criteria are applicable to all 404 permit decisions. Purpose and scope the united states department of the army army and the united states environmental protection agency epa hereby establish policy and procedures pursuant to which they will undertake federal enforcement of the dredged and fill material permit. Section 404 of the clean water act permitting and investigation. Section 404f of the clean water act cwa provides activities which are exempt from. Three key reforms for federal water policy the heritage.
The rivers and harbors act of 1899 defined navigable waters of the united states as those waters that are subject to the ebb and flow of the tides andor are presently used, or have been used in the past, or may be susceptible to use to transport. Cwa section 404 and 401 permitting workshop final slides. This approval does not provide authorization under section 10 of the rivers and harbors act of 1899 or section 404 of the clean water act for entergys proposed discharges. The environmental protection agency epa is proposing to revise the clean water act section 404 b 1 guidelines guidelines to provide for comparison of dredged material proposed for discharge with reference sediment, for the purposes of conducting chemical, biological, and physical evaluations and testing. Clean water act, section 404 wetlands us epa page 1 of 4. The basis of the cwa was enacted in 1948 and was called the federal water pollution control act, but the act was significantly reorganized and expanded in 1972. It is also clear that congress envisioned that the states would play an active role in permitting dredge and fill activities, and thus provided a mechanism for states to assume the cwa section. Section 404 of the clean water act cwa establishes a program to regulate the discharge of dredged or fill material into waters of the united states. The clean water act cwa is the primary federal law in the united states governing water. Stateassumption of section 404 of federal clean water act leslemm wetlands section manager.
Wetland regulatory authority pdf 2 pp, 641k high resolution for printing. Permit program under cwa section 404 section 404 of the. Wright water engineers section 404 clean water act. The clean water act cwa is the cornerstone of surface water quality protection in the united states. For the most part, the cwa section 404 permit program has been. If you have any questions or require additional information, please feel free to call me at. Activities in waters of the united states that are regulated under this program include fills for development, water resource. F derai wctidnd regulatory programs section 404 of the clean water act swampbuster status of federal government ai actons regulati. This chapter describes the evolution of compensatory mitigation requirements in the clean water act cwa section 404 program, including agency guidance. Clean water act section 404 compliance and the nationwide permit program by tim jordan, senior biologistpermits coordinator proponents of construction, utility, or development projects that include disturbance within streams, including the typical ephemeral variety found throughout the american southwest, are required to conduct the stream. The failed federal regulation of fanning activities under section 404 of the clean water act, 9 pace envtl. Watershed academy web introduction to the clean water act. Draft 404 b1 evaluation the following section 404 b1 evaluation is presented in a format consistent with typical. Clean water act section 404 permit application process page 2 of 3 14fda.
Documents associated with the 2015 clean water rule section. The clean water act cwa section 404 exemptions are very specific and generally limited in their scope. If an activity involves the discharge of dredged or fill material into waters of the u. Section 404b1 guidelines 40 cfr 230 regulations established by the epa that constitute the substantive environmental criteria used in evaluating activities regulated under section 404 of the clean water act. Clean water act section 404b1 contaminant determination. Clean water act section 404 permitting considerations. Obtaining the required permitting is an obstacle that can delay or derail a project if not aptly managed. Section 404 of the clean water act regulates activities that discharge into wetlands and other waters of the u. Wwe has successfully obtained permits for projects of all sizes. When this sentence is made part of an eis, discharges are subject to the section 404 permit requirements or to future authorizations or appropriations with the application of section 404 r. Overview of section 404 pdf text of section 404 33 u. Section 404 traditional navigable water tnw determinations within the seattle district, corps of engineers regulatory boundary listed below are traditional navigable waterbodies regulated by the u.
Environmental protection agency eparegion 5, for minnesota. Section 404 clean water act and section 10 rivers and harbors act permit guidance manual a cooperative effort of the st. Certain discharges of dredged or fill material into waters of the united states are also regulated under other authorities of. The basis of the cwa was enacted in 1948 and was called the federal water pollution. Clean water act laws, regulations, executive orders jump to main content. Federal enforcement for the section 404 program of the clean water act i.
Policy and guidance documents under cwa section 404. Section 404 c, however, authorizes epa to restrict, prohibit, deny, or withdraw the use of an. Entergy must obtain authorization from the corps in order to proceed with any activities governed by these statutes at the bayou aux carpes cwa section 404 c site. Provides that the secretary of the army may, on recommendation of the. Regulates effluent discharges through the national pollutant discharge elimination system npdes program. Administrator of the environmental protection agency under section 303 of the federal water pollution control act. Clean water act section 404q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. An overview section 404 of the clean water act establishes a program to regulate the discharge of dredged and fill material into waters of the united states, including wetlands. The steepest hurdle in obtaining a clean water act section. The following links for the usaces approved jurisdictional determination form, wetland delineation manual, and regional supplements provide guidance on how. Clean water act permitting cwa section 402 primarily administered by epa or authorized states. Laws, regulations, executive orders section 404 of the.
Clean water act section 404 compliance and the nationwide. Clean water act section 404q dispute resolution process, case statistics and references. The discharge of material shall consist of suitable material free from toxic. In july, the eqc asked staff for more information related to state assumption of the permitting program that is jointly administered by the u. This nwp authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the clean water act section 404 f exemption for maintenance. Sep 20, 2012 clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Some states have chosen to develop ground water quality standards mentioned in the section entitled.
Section 404 of the federal clean water act cwa regulates the discharge of dredged or fill material into waters of the u. Companion resource for section 404 of the clean water act. Issues to consider for state administration of section 404. Section 402 of the clean water act requires that all construction sites on an acre or greater of land, as well as municipal, industrial and commercial facilities discharging wastewater or stormwater directly from a point source a pipe, ditch or channel into a surface water of the united states a lake, river, andor ocean must obtain. Section 404 of the clean water act permits for the discharge of dredged or fill material into waters of the united states includes most wetlands at specified disposal sites. Regulatory funds can only be used for section 10 404 actions, but that may. Appalachian stream mitigation workshop section 404 of.
Army corps of engineers under section 404 of the clean water act. Adot clean water act section 404401 guidance manual. Section 404 traditional navigable water tnw determinations. Clean water act section 404 q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. State assumption of the section 404 program of the clean. Areas that are inundated or saturated by surface or ground waterat a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetationtypically adapted for life in saturated soil conditions. States and federal agencies share critical roles in. Streams under cwa section 404 section 404 of the clean. Evaluation section 404 of the clean water act, discharge of. These waterbodies are not regulated under section 10 of the rivers and harbors. Appendix r port of gulfport expansion project mississippi state port authority section 404 b1 evaluation u. Section 404 requires a permit before dredged or fill material may be discharged into waters of the united states, unless the activity is exempt from. Evaluation section 404 of the clean water act, discharge. The project site extends about 5,000 feet along the north shore of the kenai river estuary, just east of the rivers discharge into cook inlet, within the city of kenai, alaska figure 1.
Taking apart the clean water act is not a game clean. The cwa permit programs were concerned with today are. Us army corps of engineers section 408 overview regulatory workshop july 22, 2016 kim leonardkevin lee. The secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or.
Section 404 f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices. Often known as epas veto authority, this section of the clean water act empowers epa to deny or revoke permits for certain projects that would normally be granted but for which epa has determined there will be an adverse impact on water. Overview of section 404 section 404 of the clean water. To do this, the clean water act established national permitting programs and water quality monitoring and reporting requirements. Federal enforcement for the section 404 program of the. Clean water act section 404 and usace permitting process. Mitigation under section 404 of the clean water act. Clean water act section 404q factsheet section 404 of the. Clean water act section 404c veto authority factsheet.
In the continental united states, 357,000 miles of streams provide water for public drinking water systems. Section 404f of the clean water act cwa provides activities which are exempt from regulation under section 404 of the clean water act i. The steepest hurdle in obtaining a clean water act section 404 permit. Appendix b1 clean water act section 404b1 evaluation. Wetland regulatory authority pdf 2 pp, 361k low resolution for viewing. Section 404 of the clean water act an overview of the law that serves to restore and maintain the integrity of the nations waters. For opponents of the act, section 404 had, as a result of this concern, become a symbol of dramatic overregulation. Clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. The application of the federal fiveyear statute of limitations for penalty actions to wetlands.
Clean water act section 404 q dispute resolution process, case statistics and references. Clean water act section 404 basics 1 clean water act section 404basics 2 clean water act section 404. Pdf 2 pp, 704 k contact us to ask a question, provide feedback, or report a problem. Epa could give up its chance to stop the most devastating projects. Section 404 f of the clean water act cwa provides activities which are exempt from regulation under section 404 of the clean water act i. Clean water act section 404401 guidance manual adot. Section 404 of the clean water act establishes a program to regulate the discharge of dredged or fill material into waters of the united states. Section 10 of the rivers and harbors act of 1899 and section 404 of the clean water act sections 10 and 404 note. Section 404 of the clean water act desco environmental. Guidance on conducting wetland determinations for the food security act and section 404 of the clean water act key points february 28, 2005 in 1994, the departments of agriculture, interior and army and the environmental protection agency entered into a. Permit program under cwa section 404 section 404 of the clean. Paul district corps of engineers and the minnesota department of transportation kelly urbanek, usace sarma straumanis, mndot john mackner, mndot.
Environmental issues environmental auditing laws, regulations and rules environmental permits water quality management. Definition of waters of the united states pdf 423 pp, 2 mb final clean water rule economic analysis pdf 87. Section 404b1 guidelines 40 cfr 230 section 404 of. Clean water act section 404q factsheet section 404 of. Documents associated with the 2015 clean water rule. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nations waters. Dec 10, 2018 under section 404 g of the clean water act cwa, states and tribes are authorized to take an active role in the permitting of the discharge of dredged and fill material within their jurisdiction. Overview of clean water act section 404 section 404 of. Section 319 section 401 section 404 state revolving loan fund. Corpsepa definition for clean water act section 404 purposes. Authorized in section 14 of the river and harbors appropriation act of 1899 33 usc 408. Regulatory information clean water act section 404. Clean water acts section 404 program by adopting much of the structure used in.
Section 404 of the clean water act environment federalaid. Information about the clean water act permitting program for dredge or fill material into waters of the us, including roles, 401 certification of permits, statetribal assumption of 404 program, mitigation requirements, regulations. Clean water act section 404q factsheet pdf 2 pp, 812 k. The 404 b1 guidelines included in title 40 of the code of federal regulations, part 230, provide the substantive criteria used in evaluating discharges of dredged or fill material in waters of the united states u. The application of the federal fiveyear statute of limitations for penalty actions to wetlands violations under the clean water act by joseph g. Sep 15, 2016 see epas about pdf page to learn more. Minnesota federal clean water act section 404 permit. Clean water act section 404f exemptions sacramento district. Applying section 404r of the clean water act to federal. Army corps of engineers the corps section 404 a or an approved state section 404 h to issue. Guidance on applying section 404r of the clean water act. Section 404 of the clean water act an overview of the law that serves to restore and maintain the integrity of the nations waters companion resource pdf, 240 kb.
This section 404 b1 evaluation addresses discharges of dredged or fill material into waters of. The following documents are associated with the 2015 clean water rule. Section 404 of the clean water act twice this interim. Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure. Total maximum daily load program california state water. Using the qualitative habitat evaluation index qhei ohio epa june 2006 exit. Nationwide permit 3 maintenance nationwide permit 3.
These discharges are subject to section 402 of the clean water act. Appendix f clean water act section 404b1 evaluation. Overview of section 404 section 404 of the clean water act. Section 401, water quality certification section 404, discharge of dredged and fill material into waters of the us. Not later than the fifteenth day after the date an applicant submits all the information required to complete an. The act does not deal directly with ground water or with water quantity issues. The environmental quality council discussed proposed revisions to federal rules for administration of section 404 of the clean water act twice this interim. Section 10 of the rivers and harbors act of 1899 work or structures in or affecting navigable waters section 404 of the clean water act discharge of dredged or fill material into waters of the.
Technical support document for the clean water rule. Section 404 clean water act and section 10 rivers and harbors. You may need a pdf reader to view some of the files on this page. Presentation for the mndot environmental stewardship and streamlining workshop by tim smith march 28, 2007 presentation for the by march 28, 2007. The environmental protection agency epa is proposing to revise the clean water act section 404 b 1 guidelines guidelines to provide for comparison of dredged material proposed for discharge with reference sediment, for the purposes of conducting chemical. The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an effluent standard or limitation, or such an order, or to order the administrator to perform such act or duty, as the case may be, and to apply any appropriate civil penalties under section 19d of this title. Guidance on conducting wetland determinations for the food. Tier 1 objectives the purpose of the tier 1 evaluation is to compile readily available, existing information in order to make a factual determination regarding compliance with the clean water act cwa section. Sep 15, 2016 section 404 of the clean water act cwa establishes a program to regulate the discharge of dredged or fill material into waters of the united states, including wetlands. This pdf file was adapted from an online training module of the epas watershed academy web, found at. On october 22, 2019, the environmental protection agency and department of the army finalized a rule to repeal the 2015 clean water rule and recodify the regulatory text defining waters of the united states wotus that existed prior. Army corps of engineers and the environmental protection agency. Section 404 of the clean water act cwa establishes a program to regulate the discharge of dredged or fill material into waters of the united states, including wetlands. Streams play a critical role in the quality and supply of our drinking water by ensuring a continuous flow of clean water to surface waters and helping recharge underground aquifers.