CWA Section 404(g) Regulatory Requirements

Overview

CWA Section 404(g) provides eligible Tribes and states the ability to assume responsibility of the CWA Section 404 permit program in certain waters of the United States. Section 404(g) regulations at 40 CFR Part 233 describe the criteria and procedures for requesting, approving, reviewing and withdrawing a Tribal or state Section 404 program.

Current Regulatory Requirements

The U.S. Environmental Protection Agency published the final rule for the Clean Water Act Tribal and State Assumption Program on December 18, 2024. This rule became effective on January 17, 2025. The comprehensive update to the program’s regulation updates and clarifies the requirements and procedures for CWA Section 404 program assumption, making administration and oversight more straightforward and transparent.

Rule and Supporting Materials

Rule Outreach Materials

Proposed Rule and Supporting Background Information

Final Rule Questions and Answers

When will the rule go into effect?
- The Clean Water Act Section 404(g) Tribal and State Assumption Program Rule was signed by the EPA’s Administrator on December 10, 2024. The final rule will go into effect 30 days after publication in the Federal Register.
What did the rulemaking accomplish?
- The 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 Final 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.