National Association of Home Builders
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CWA section 404(g) – State and Tribal Assumption Regulatory Update

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Jun 26, 2025
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closed 484d ago
National Association of Home Builders filings
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National Association of Home Builders filed 1 comment on this docket between Oct 16, 2023 and Oct 16, 2023. 13 other organizations filed here. The comment window closed 484d ago.

What National Association of Home Builders filed (1)

Abstract

Clean Water Act (CWA) section 404(g) authorizes States and Tribes to assume administration of the dredged and fill permitting program for certain waters, and it addresses the requirements for implementation and the Environmental Protection Agency (EPA) oversight. States and Tribes requested that the EPA clarify those waters over which a state or tribe may assume CWA section 404 permit responsibilities, and those waters over which the U.S. Army Corps of Engineers (Corps) retains CWA 404 permit responsibility, under an approved State or Tribal program. In 2015, the EPA convened a Federal Advisory Committee (FACA), comprised of State, Tribal and other stakeholder representatives charged with providing recommendations for how the EPA could provide clarity on this issue. This rule is intended to provide: clarity on the issue of which waters are assumable; clarity on additional sections of the regulations as requested through early engagement activities with the states and tribes; and to provide needed technical corrections and updates to the 1988 regulations.

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