The U.S. Environmental Protection Agency (EPA) is initiating consultation and coordination with federally recognized tribal governments on a forthcoming proposal to revise the regulations governing the EPA’s exercise of its authority under Clean Water Act Section 404(c) (40 CFR Part 231). Section 404(c) authorizes the EPA to restrict, prohibit, deny, or withdraw the use of an area as a disposal site for dredged or fill material at any time the EPA Administrator determines, after notice and opportunity for public comment, that the discharge will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational areas. The EPA’s regulations implementing Section 404(c) authorize the EPA to initiate and finalize the Section 404(c) review process “whenever” it determines, after notice and opportunity for public comment, that the discharge will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational areas. EPA professes a desire to provide regulatory certainty for landowners, investors, businesses, and entrepreneurs to make investment decisions while preserving the EPA’s authority to prohibit, restrict, deny, or withdraw use of an area as a disposal site for discharges of dredge or fill material that will have an unacceptable adverse effect on water supplies, recreation, fisheries, and wildlife.
The tribal consultation letter and consultation and coordination plan are available on EPA’s Tribal Consultation Opportunities Tracking System (TCOTS) website located at: https://tcots.epa.gov. Tribes will have until September 13, 2019, to provide comment on this action. For any questions, please contact Jennifer Linn, EPA’s Office of Wetlands, Oceans and Watersheds, by email at 404cRuleTribes@epa.gov or by phone at (202) 566-1258.