Environmental Protection Agency Releases Florida ’ s Request to Assume Clean Water Act Section 404 Permitting
FROM THE FEDERAL REGISTER
The NUCA of Florida government affairs team worked hand-in-hand with Florida ’ s Department of Environmental Protection ( FDEP ), state lawmakers and other stakeholders to pass legislation to allow Florida to pursue assumption of Section 404 of the Clean Water Act . The Environmental Protection Agency just released the request for Florida ’ s assumption of the program and will be accepting comments on the proposal . Read below for more detailed information .
The Clean Water Act ( CWA ) established the Section 404 program , under which the U . S . Army Corps of Engineers ( Corps ) may issue permits for the discharge of dredged or fill material into “ waters of the United States ,” as identified in the CWA . Section 404 ( g )( 1 ) of the CWA authorizes states and tribes to administer their own permit program for the discharge of dredged or fill material into navigable waters , other than those waters that the CWA reserves as subject to Corps jurisdiction . On August 20 , 2020 , the Environmental Protection Agency ( EPA ) received from the Governor of the State of Florida , a complete program submission for regulating discharges of dredged or fill material into waters within the jurisdiction of the State in accordance with the CWA . Pursuant to CWA Section 404 ( h ) and EPA ’ s implementing regulations , EPA will hold public hearings and is opening a 45-day comment period . EPA is also initiating a programmatic consultation under Section 106 of the National Historic Preservation Act ( NHPA ) and is soliciting comments pursuant to NHPA implementing regulations during the 45-day comment period .
Comments on EPA ’ s decision to approve or disapprove under CWA Section 404 must be received on or before November 2 , 2020 . Comments associated with the consultation under section 106 of the NHPA may also be submitted on or before November 2 , 2020 . EPA intends to approve or disapprove the State of Florida ’ s request to assume administration of a CWA Section 404 program by December 17 , 2020 .
You may send comments on both actions ( Florida ’ s request to assume a CWA Section 404 program and EPA ’ s consultation under NHPA section 106 ), identified by Docket ID No . EPA-HQ-OW-2018-0640 , by any of the following methods :
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www . regulations . gov : Follow the on-line instructions for submitting comments and accessing the docket and materials related to this notice .
28 DITCHMEN • SEPTEMBER 2020