United States Environmental Protection Agency Office of Water (WH-556F). Office of Wetlands, Oceans. and Watersheds (A-104 F) EPA843-F-93-001 k March 1993 AFPA WETLANDS FACT SHEET # 11 Clean Water Act §404(q): Case Specific Elevation THE §404 (q) PROCESS .* ŧ j.. i. ***.*/%. A v '*''' Formal determination that iwuaSe* of the §404 permit will result in unacceptable adverse effects to Aijuajjc Resources of National Impor- tance (ARN1). -*.- oĢ Intent to Proceed Corps District Engineer must notify the EPA Regional Administrator if he intends to issue the permit over EPA objections. The Regional Administrator has 15 days to respond to the request. The EPA Regional Administrator makes a recommendation to EPA's Assistant Administrator for Water to elevate the case. The Assistant Administrator reviews the recommendation and within 20 days makes a determination. The Assistant Administrator seeks higher level review of the District permit decision by the Assistant Secretary gf the Army (Civil Works). EPA Headquarters' case elevation is reviewed by the Assistant Secre- tary of the Army (Civil Works), who determines whether or not the decision will be made at a higher level than the Corps District Engineer or to issue case specific policy guidance. Under §404 of the Clean Water Act, the U.S. Army Corps of Engineers (Corps) has the primary authority for determining whether or not a permit for the discharge of dredged or fill material should be issued. In making a permit decision, the Corps solicits and considers the views of the public as well as State and Federal resource agencies. Where the Corps finds that the particular project in question is likely to receive a §404 permit and EPA opposes issuance of the permit, administrative procedures are avail- able to EPA to address unresolved issues. The principal mechanism for reso- lution of interagency disputes related to §404 permit issuance is spelled out in the §404(q) Memorandum of Agreement (MOA) signed by EPA and the Department of the Army in August of 1992. Under the §404(q) *i*!"i which EPA may formally el- evate, for higher level review, interagency disputes on particular permit actions. In order to minimize duplication of effort, needless paperwork and delays in the issu- ance of §404 permits, a dear timeframe and process for elevated review of a Corps per- mit decision is established in the §404(q) MOA. In addition to the case spe- cific elevation authorities contained in the Section 404(q) MOA, issues related to gen- eral program policies and procedures may be formally raised by either the Corps or EPA. This type of elevation does not di- rectly relate to permit specific cir- cumstances and thereforedoes not delay issuance of pending permit applications. FOR MORE INFORMATION: call the EPA Wetlands Hotline* at 1-800-832-7828 'contractor operated i Printed on Recycled Paper ------- |