Restriction of Disposal Sites under CWA Section 404(c)

This page provides updates and background information regarding EPA actions taken pursuant to Clean Water Act Section 404(c). Section 404(c) authorizes EPA to prohibit, restrict, or deny the discharge of dredged or fill material at defined sites in waters of the United States (including wetlands) whenever it determines, after notice and opportunity for public hearing, that use of such sites for disposal would have an unacceptable adverse impact on one or more of various resources, including fisheries, wildlife, municipal water supplies, or recreational areas.

Recent Section 404(c) Actions

Pebble Mine - Alaska

• EPA Pebble 404(c) Proposed Determination - May 27, 2022
• EPA's Clean Water Act Section 404(c) Notification Letter (pdf) (137.87 KB, January 27, 2022)
• Learn More about Bristol Bay

Yazoo Backwater Area Pumps Project - Mississippi

• EPA’s Reconsideration of its November 30, 2020 Letter Regarding the Applicability of its 2008 Clean Water Act Section 404(c) Final Determination for the Yazoo Pumps Project to the 2020 Yazoo Pumps Project - November 17, 2021 (pdf) (2.03 MB)

Section 404(c) Background Materials

• Clean Water Act Section 404(c) Regulations
• Clean Water Act Section 404(c) Factsheet
• Chronology of Final Section 404(c) Actions