Regulated Community

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

What Does Compensatory Mitigation Mean under CWA Section 404?

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

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.

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This page contains links to historic compensatory mitigation guidance which has been superceded by the April 10, 2008 EPA/U.S. Army Corps of Engineers Compensatory Mitigation Regulations.

Model Mitigation Plan Checklist for CWA Section 404 Permit Applicants

A technical guide for Clean Water Act (CWA) Section 404 permit applicants preparing compensatory mitigation plans providing a basic framework to improve predictability and consistency.

Memorandum to the Field on Adaptation of National Research Council Compensatory Mitigation Guidelines under CWA Section 404

Model "Operational Guidelines for Creating or Restoring Wetlands that are Ecologically Self-Sustaining" for aquatic resource impacts. Guidelines for identifying the basic requirements for mitigation success and assist in mitigation site selection.

Memorandum: Clean Water Act Section 404 Regulatory Program and Agricultural Activities

Memorandum from 1990 concerning the applicability of the Clean Water Act Section 404 regulatory program to agriculture.

Memorandum of Agreement: Exemptions Under Section 404(f) of the Clean Water Act

Memorandum of Agreement between the Department of the Army and the Environmental Protection Agency Concerning the Determination of the Section 404 Program and the Application of the Exemptions Under Section 404(F) of the Clean Water Act

CWA 404(q) Memorandum of Agreement for Resolving Disputes (1992)

In August 1992, Army and EPA released a Section 404(q) Memorandum of Agreement (MOA) that outlines the current process and time frames for resolving disputes, in an effort to issue timely permit decisions.

Hazardous Waste Generators

Many industries generate hazardous waste. EPA regulates hazardous waste under the Resource Conservation and Recovery Act to ensure these wastes are managed in ways that are protective of human health and the environment.