In the press release for its final approval, EPA notes that assumption will allow Florida to “more effectively and efficiently evaluate and issue permits under the CWA to support the health of Florida’s waters, residents, and economy.”ĮPA’s approval of state assumption will have important implications as outlined below.Įffective Date. Florida’s 404 program is intended to increase regulatory efficiency and reduce duplication between the state’s existing Environmental Resource Permitting Program (ERP) and the federal 404 program. State programs with permitting standards and procedures that are at least as stringent as the federal program may receive approval from EPA to administer the 404 program pursuant to state law, within what is known as state-assumed waters.įlorida submitted an assumption package to EPA on August 20, 2020, seeking approval of a 404 permitting program. These permits are generally issued for discharges of fill material associated with infrastructure projects (e.g., highways, airports, pipelines, etc.), wetland restoration and enhancement projects, residential and commercial building, mining, renewable energy projects, and a host of other important economic and environmental activities. CWA section 404 authorizes the Corps to issue permits for the discharge of dredged or fill material into WOTUS. The federal CWA generally prohibits the discharge of pollutants into waters of the United States (WOTUS) unless the discharge is otherwise permitted. EPA’s decision has broader implications for the 404 program on a national scale, as other states, including Oregon and Minnesota, consider whether to pursue assumption. Army Corps of Engineers (Corps) in certain waters, significantly altering the 404 permitting process in Florida. Once EPA’s approval is published in the Federal Register, the Florida Department of Environmental Protection (FDEP) will “assume” 404 permitting authority from the U.S. Environmental Protection Agency (EPA) has approved the formal transfer of section 404 permitting authority to a third state: Florida. Now, for the first time in over 25 years, the U.S. Public Services, Infrastructure, Transportationīefore yesterday only two states had received approval to administer the Clean Water Act (CWA) section 404 program (Michigan and New Jersey), and no state had received approval since 1994.
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