Laws & Regulations

Letter from Army to EPA regarding Wetlands Permit in Klatt Bog/Anchorage, AK (June 27, 1994)

A letter in response to the request to review issues related to a Department of the Army permit that would allow Mr. Mike Cusack to construct a residential development within 15 acres of wetlands associated with Ktatt Bog in Anchorage, Alaska.

Appendix 5 - Cumulative Effects of Each Discharge of Dredged or Fill Material on Aquatic Ecosystem

Analysis of the cumulative effects of each discharge of dredged or fill material on the aquatic ecosystem.

2000 In-Lieu-Fee Mitigation Guidance under CWA Section 404

Inter-agency guidance issued in 2000 to clarify the agencies' policy on the manner in which in-lieu-fee mitigation may be used to satisfy compensatory mitigation requirements

Corps/EPA Compensatory Mitigation Rule 3rd Party Mitigation – Requirements

Corps/EPA Compensatory Mitigation Rule 3rd Party Mitigation: Requirements

Army Response Letter regarding Permit Application in Memphis District (Signed December 19, 1991)

A letter in response to a request for higher level review of issues related to a permit application being considered by the Army Corps of Engineers Memphis District.

Recommended Determinations of Regional Administrator (Region IV) regarding CWA Section 404 Permit in City of North Miami, FL

Recommended Determinations of the Regional Administrator - EPA Region IV.

Permit Elevation Guidance under CWA Section 404 regarding Old Cutler Bay Associates (September 13, 1990)

Permit Elevation Guidance regarding Old Cutler Bay Associates.

Polyvinyl Chloride and Copolymers Production: National Emission Standards for Hazardous Air Pollutants (NESHAP) - 40 CFR 63 Subparts J & HHHHHHH

Learn about the regulations for the Polyvinyl Chloride and Copolymers Production Production regarding the emissions of hazardous air pollutants. Find Federal Register citations, read the rule, and find the rule history here.

Enhancing Aquatic Systems to Increase Recreational Fisheries (Executive Order 12962)

Agencies shall, to the extent permitted by law and where practicable, improve the quantity, function, sustainable productivity, and distribution of U.S. aquatic resources for increased recreational fishing opportunities

Amending the CWA Section 404 Regulation that Defines the Term "Discharge of Dredged Material"

Amending the Clean Water Act (CWA) section 404 regulation that defines the term "discharge of dredged material"

Modification to Memorandum of Agreement regarding Allocation of Enforcement under CWA Section 404

1994 Modification to 1989 Corps/EPA Enforcement MOA

1990 EPA and Army Corps of Engineers Enforcement Priorities Guidance under CWA Section 404

Document from 1990 providing guidance to EPA Regions and Army Corps of Engineers on enforcement priorities for unauthorized discharges of dredged or fill materials in violation of section 301 of the Clean Water Act (CWA).

Part 231: Section 404(c) Procedures under CWA

The procedures to be followed by the EPA in prohibiting or withdrawing the specification of any defined area as a disposal site for dredged or fill material pursuant to section 404(c) of the Clean Water Act.

Wetlands Mitigation in Alaska

Wetland Mitigation in Alaska MOA between EPA and Army

What Does Compensatory Mitigation Mean under CWA Section 404?

Definitions of methods of mitigation compensation: restoration, re-establishment, rehabilitation, establishment, enhancement and preservation.

Types of Mitigation under CWA Section 404: Avoidance, Minimization and Compensatory Mitigation

The Council on Environmental Quality has defined mitigation in its implementing regulations for the National Environmental Policy Act to include avoiding, minimizing, rectifying, reducing over time, and compensating for impacts.

Mechanisms for Providing Compensatory Mitigation under CWA Section 404

Definitions of compensatory mitigation mechanisms: mitigation bank, in-lieu fee program and permittee-responsible mitigation.

Background on 2008 Compensatory Mitigation Rulemaking under CWA Section 404

In 2008 EPA and the Corps issued revised regulations governing compensatory mitigation for authorized impacts to wetlands, streams, and other waters of the U.S. under Section 404 of the Clean Water Act.

National Guidance: Wetlands and Non-Point Source Control (1990)

Information and guidance on the coordination of State and Federal Non-Point Source (CWA, Section 319) control and wetland programs (CWA, Section 404)and the implementation of activities that can benefit both programs

Historic Compensatory Mitigation Guidance under CWA Section 404

This page contains links to historic compensatory mitigation guidance which has been superceded by the April 10, 2008 EPA/U.S. Army Corps of Engineers Compensatory Mitigation Regulations.