Final 2024 CWA Section 404(g) Tribal and State Assumption Program
2024 Rule Questions and Answers
- When will the rule go into effect?
- On December 10, 2024, the final 2024 Clean Water Act Section 404(g) Tribal and State Assumption Program Rule was signed by the EPA’s Administrator. The rule will go into effect 30 days after publication in the Federal Register.
- What did the rulemaking accomplish?
- The 2024 Clean Water Act Section 404(g) Tribal and State Assumption Program rule represents the first comprehensive update to the agency’s requirements and procedures in 35 years. The 2024 Rule updates and clarifies the requirements and procedures for Section 404 program assumption, making program administration and oversight more straightforward and transparent.
- Where can Tribes, States and stakeholder groups read the public comments from the rulemaking process?
- Interested parties and stakeholders may review the public comments online at Regulations.gov to Docket ID No. EPA-HQ-OW-2020-0276. The agency’s Response to Comments document is also available in the docket and is linked above.
- Will there be any public webinars before the effective date of the final rule?
- Please see Upcoming Outreach Events to learn about outreach opportunities about the new rule.
- What can Tribes or States do to prepare for assumption?
- There are many resources available on the CWA Section 404(g) website that will help a Tribe or state explore assumption, including materials on the 2024 Rule (preamble, revised regulations and fact sheets), and information on developing and funding a feasibility study to evaluate the costs and benefits of assuming the Section 404 program. The EPA can also provide technical assistance for questions related to assumption and a feasibility study. Please contact the EPA by reaching out to us at cwa404g@epa.gov.
- For Tribes or States not interested in assumption, what is their role?
- Tribes and states play a critical role in protecting our nation’s waters. There are several opportunities for Tribes and states to get involved without assuming the Section 404 program, including establishing a Tribal or state dredged or fill material permitting program distinct from the CWA program, developing a State Programmatic General Permit and developing a wetland program plan.