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State and Tribal Assumption of Section 404 of the Clean Water Act

NACEPT Assumable Waters Subcommittee Meeting Documents (October 6-7, 2015)

The documents below were presented or submitted at the first meeing of the Assumable Waters Subcommittee held on October 6 - 7, 2015.

Note: Many of the presentations and documents provided below were created before accessibility requirements under Section 508 were in effect and are from multiple sources.  Therefore, EPA is unable to modify these documents consistent with Section 508.  If a document is not accessible to you and you need a reasonable accomodation, please contact Kathy Hurld or Laura Bachle via the Assumable Waters mailbox at: and we will work with you.  Thank you.

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  • Administrative Discretion (PDF)(9 pp, 286 K, October 6, 2015)
    This presentation, given by Mr. Michael McDavit of the U.S. EPA, this presentation is an overview of the types and benefits of administrative discretion and why it is useful.
  • Assumable Waters CWA Section 404(g) (PDF)(11 pp, 525 K, October 6, 2015)
    This presentation, given by Ms. Kathy Hurld of the U.S. EPA, gives basic background information on state and tribal assumption of the Clean Water Act section 404 program. This overview includes requirements, a summary of state and tribal efforts to assume the program, and background on why the subcommittee was established.
  • The History of CWA Section 404(g)(1) (PDF)(21 pp, 319 K, October 6, 2015)
    This presentation, given by Ms. Simma Kupchan of U.S. EPA, walks the reader through the legislative history of this section of the Clean Water Act (CWA) which specifies those waters for which states and tribes may administer the CWA section 404 permitting program.
  • FACA Presentation for Assumable Waters Subcommittee (PDF)(22 pp, 271 K, October 6, 2015)
    This presentation is an overview of the Federal Advisory Committee Act (FACA) legal requirements the sub-committee must abide by. The presentaiton was given by Ms. Marilyn Kuray, of the U.S. EPA.
  • Michigans CWA 404 Program (PDF)(5 pp, 1 MB, October 6, 2015)
    This presentation by Ms. Kimberly Fish, of the Michigan Department of Environmental Quality, provides an overview of Michigan's CWA section 404 program including a summary of the waters over which the state has assumed dredge and fill permitting authority.
  • New Jersey Presentation on Assumable Waters (PDF)(5 pp, 377 K, 10-2-2015)
    This is a presentation given by Ms. Susan Lockwood of the New Jersey Department of Environmental Protection on waters regulated by the state under CWA section 404.