The US Environmental Protection Agency (EPA) has finalized a new rule aimed at modernizing and streamlining the process for state and tribal involvement in Clean Water Act (CWA) implementation. This long-awaited update focuses on Section 404 of the CWA, which regulates the discharge of dredged or filled material into waterways.
The new rule, titled "2024 Rule for the Clean Water Act Section 404(g) Tribal and State Assumption Program," addresses concerns raised by states and tribes regarding the existing program. Specifically, it clarifies procedures and requirements for assuming and administering the CWA Section 404 permitting program within their jurisdictions.
The 2024 Rule is expected to accomplish the following:
- Empower States and Tribes: Facilitate state and tribal assumption of the CWA Section 404 program, allowing for more localized water resource management.
- Strengthen Water Protections: Ensure that approved state and tribal programs meet all CWA requirements essential for protecting water quality.
This is a significant development for water resource management in the United States that will hopefully provide more clarity for the CWA, especially after the recent Sackett Supreme Court Decision. Learn more about the rule here.
