![]() The package included a request from Governor Ron DeSantis requesting program approval, a statement from the General Counsel for FDEP, a Memorandum of Agreement (MOA) between EPA and FDEP, a MOA between the Secretary of the Army and FDEP, a complete program description, and copies of all applicable Florida statutes and regulations.Īs part of the review process, EPA solicited public review and comment during a 47-day period that included two public hearings. On August 20, 2020, EPA received a complete package from the Florida Department of Environmental Protection (FDEP) with a request to assume administration of a Section 404 program, triggering a 120-day review period set forth by the CWA. EPA maintained regular communication with the State since that time to provide information and respond to questions regarding the federal requirements for 404 Assumption. Summary of EPA’s Reviewįlorida began pursuing 404 Assumption in 2017. Florida’s submission met the standards established under Section 404 of the CWA and implementing regulations and will ensure the protection of Florida’s aquatic resources equal to or better than the existing federal permitting program. ![]() On August 20, 2020, EPA received from Governor Ron DeSantis a request for the Agency to conduct a review and approve Florida’s program to assume administration of the CWA 404 program. On August 5, 2020, EPA Region 4 Administrator Walker and FDEP Secretary Valenstein, signed a Memorandum of Agreement (MOA) as part of the assumption process. Florida’s Section 404 program became effective on December 22, 2020, upon publication of EPA’s approval in the Federal Register. This action allows the State to more effectively and efficiently evaluate and issue permits under the CWA to support the health of Florida’s waters, residents, and economy. Army Corps of Engineers (Corps) to the State of Florida for a broad range of water resources within the State. The action formally transfers permitting authority under CWA Section 404 from the U.S. Environmental Protection Agency (EPA) announced that the State of Florida is the first state in more than 25 years to apply for and receive approval to implement a Clean Water Act (CWA) Section 404 program, joining Michigan and New Jersey as the only states in the country with such authority.
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