On Friday, October 13, 2023, EPN submitted comments on the Environmental Protection Agency’s (EPA’s) proposed rule: Clean Water Act Section 404 Tribal and state program regulation. EPN commends EPA for proposing a rule that defines how states and Tribes should implement the Section 404 program. The clarifications regarding resource needs, retained waters, no-less-stringent-than requirements, partial assumption, and enforcement were greatly needed. We also support the new elements that EPA has added, including the three paths for Tribes to engage on 404 permits and streamlining the program withdrawal process. We urge EPA to provide more detail in the final rule on how states and Tribes must respond to the changing definitions of Waters of the United States (WOTUS).
Read the comments.