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National Pollutant Discharge Elimination System (NPDES)

Pre-Publication Notice: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System Permit Program

PRE-PUBLICATION NOTICE. The Acting Assistant Administrator of EPA’s Office of Water, Anna Wildeman, signed the following document on January 13, 2021, and EPA is submitting it for publication in the Federal Register (FR). This document is not disseminated for purposes of EPA's Information Quality Guidelines and does not represent an Agency determination or policy. While we have taken steps to ensure the accuracy of this Internet version of the document, it is not the official version. Please refer to the official version in a forthcoming FR publication, which will appear on the Government Printing Office's govinfo website ( It will also appear on ( in Docket No. EPA–HQ–OW–2020-0673. Once the official version of this document is published in the FR, this version will be removed from the Internet and replaced with a link to the official version.

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