[Federal Register Volume 85, Number 246 (Tuesday, December 22, 2020)]
[Notices]
[Pages 83553-83554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28232]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2018-0640; FRL-10018-92-Region 4]


EPA's Approval of Florida's Clean Water Act Section 404 
Assumption Request

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: On August 20, 2020, the Environmental Protection Agency (EPA) 
received from the Governor of the State of Florida a complete program 
submission to assume regulating discharges of dredged or fill material 
into waters within the jurisdiction of the State in accordance with 
Clean Water Act (CWA) section 404(g-l). Receipt of the package 
initiated a 120-day statutory review period. After careful review of 
the package submitted, as well as consideration of comments submitted 
on the package by the U.S. Fish and Wildlife Service (USFWS), the 
National Marine Fisheries Service (NMFS), and the U.S. Army Corps of 
Engineers (Corps), comments received during consultation with tribes, 
and over 3,000 comments received from the public, EPA has determined 
that the State of Florida has the necessary authority to operate a CWA 
Section 404 program in accordance with the requirements found in CWA 
section 404(g-l) and EPA's implementing regulations. Therefore, EPA has 
taken final action to approve Florida's assumption of the program.

DATES: Florida's program assumption will be applicable December 22, 
2020.

FOR FURTHER INFORMATION CONTACT: Mr. Kelly Laycock, Oceans, Wetlands 
and Streams Protection Branch, USEPA Region 4, 61 Forsyth St. SW, 
Atlanta, GA 30303; telephone number: (404) 562-9262; email address: 
404Assumption-FL@epa.gov.

SUPPLEMENTARY INFORMATION: The CWA established the Section 404 program, 
under which the Secretary of the Army, acting through the Chief of 
Engineers of the Corps, may issue permits for the discharge of dredged 
or fill material into waters of the United States as identified in the 
CWA. Section 404(g)(1) of the CWA provides states and tribes the option 
of submitting to EPA a request to assume administration of a CWA 
Section 404 program in certain waters within state or tribal 
jurisdiction.
    The regulations establishing the requirements for the approval of 
state or tribal programs under section 404 of the CWA were published in 
the Federal Register at 53 FR 20764 (June 6, 1988) (40 CFR parts 232 
and 233), and can be accessed at https://www.epa.gov/cwa404g/statutory-and-regulatory-requirements-assumption-under-cwa-section-404. ``State 
regulated waters'' are defined in 40 CFR 232.2.
    The Corps generally retains CWA Section 404 permitting authority 
over waters of the United States within ``Indian country'' as that term 
is defined at 18 U.S.C. 1151, unless a tribe has assumed administration 
of a CWA Section 404 program within Indian country. See 40 CFR 
233.1(b).
    A state application to administer a Section 404 program must 
include the following: (a) A letter from the Governor of the state 
requesting program approval; (b) a complete program description as set 
forth in 40 CFR 233.11; (c) an Attorney General's statement or a 
statement from the attorney for those state or interstate agencies 
which have independent legal counsel, as set forth in 40 CFR 233.12; 
(d) a Memorandum of Agreement with the EPA Regional Administrator, as 
set forth in 40 CFR 233.13; (e) a Memorandum of Agreement with the 
Secretary of the Army, as set forth in 40 CFR 233.14; and (f) copies of 
all applicable state statutes and regulations, including those 
governing applicable state administrative procedures. 40 CFR 233.10.
    On September 16, 2020, EPA published a Federal Register notice of 
its receipt of a complete program assumption request package (85 FR 
57853), opened a public comment period, and scheduled two virtual 
public hearings on the Section 404 program submitted by Florida. EPA 
held virtual public hearings on October 21, 2020, and October 27, 2020, 
and received comments submitted to Docket ID No. EPA-HQ-OW-2018-0640 
during the public comment period which ended November 2, 2020. EPA 
received and reviewed over 3,000 comments submitted during the comment 
period and public hearings, comments provided during tribal 
consultation, as well as comments from USFWS, NMFS, and the Corps. EPA 
also consulted under section 7 of the Endangered Species Act with the 
USFWS, and under section 106 of the National Historic Preservation Act 
(NHPA) with the Advisory Council on Historic Preservation (ACHP), the 
Florida State Historic Preservation Officer (Florida SHPO), the Florida 
Department of Environmental Protection (FDEP), and Indian tribes with 
interests in the State of Florida on its decision whether to approve 
Florida's program request. On December 16, 2020, EPA entered into a 
programmatic agreement with the ACHP, the Florida SHPO, and FDEP which 
evidences EPA's compliance with section 106 of the NHPA and its 
implementing regulations. The programmatic agreement became effective 
on December 16, 2020. EPA has concluded that the State of Florida and 
FDEP have the necessary authority to operate a program in accordance 
with the requirements found in CWA section 404 and 40 CFR part 233. EPA 
has met its requirements under ESA section 7(a)(2) by completing ESA 
consultation and receiving a ``no jeopardy'' Biological Opinion from 
the USFWS on November 17, 2020. A summary of the comments received, 
EPA's responses to the comments, and a memorandum documenting the basis 
for EPA's decision (``State of Florida's Request to Assume a Clean 
Water Act Section 404 Program'', December 17, 2020) can be found in the 
docket for this action

[[Page 83554]]

(Docket ID No. EPA-HQ-OW-2018-0640).
    All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the internet and will be publicly available only in hard copy 
form at the EPA Docket Center and Reading Room. Out of an abundance of 
caution for members of the public and our staff, the EPA Docket Center 
and Reading Room are open by appointment only, to reduce the risk of 
transmitting COVID-19. Our Docket Center staff will continue to provide 
remote customer service via email, phone, and webform. For further 
information on the EPA Docket Center services and the current status, 
please visit us online at https://www.epa.gov/dockets. Publicly 
available docket materials are available electronically through http://www.regulations.gov.

    Dated: December 17, 2020.
Mary Walker,
Regional Administrator, EPA Region 4.
[FR Doc. 2020-28232 Filed 12-18-20; 4:15 pm]
BILLING CODE 6560-50-P


