CRS-94 



1. Works with the Corps in developing 404(b)(1) guidelines; 129 / 



2. Under Section 404(c), EPA has the ultimate authority to veto permits 

 based on certain environmental criteria; this authority has been used 

 only once for a proposal in Florida. 



3. EPA can designate geographic areas and ecosystems where EPA will make 

 final determinations on all permit proposals; the bottomland hardwoods 

 area in the lower Mississippi and a bay in California are the two areas 

 to be designated to date. 



4. EPA is to assist States in developing supervisory responsibilites 

 where the responsibility for issuing permits in certain areas has been 

 delegated from the Federal level; there are no approved State programs 

 at this time. 



5. Pursuant to a 1977 advisory opinion of the U.S. Attorney General, EPA 

 can locate where the boundary line of navigable waters, that is, deter- 

 mine where the 404 program comes into play, are located. 



6. EPA has the authority is required to halt discharges, where a section 

 404 permit has not been obtained. This is a common violation of the 

 404 program requirements. 130 / 



EPA's multifaceted role in the 404 program has been the subject of consid- 

 erable debate. The environmental community has generally expressed increased 

 confidence in the program because of EPA's strong role. One analyst, however, 

 cites a lack of funding that inhibits EPA from carrying out this role. In 



129 / Under section 404(b)(1) of the FWPCA, EPA has issued guidelines for 

 specification of acceptable disposal sites. Final rules were issued December 

 24, 1980 (40 C.F.R. 230). 



130 / Summerized from Holmes, Federal Participation in Land Use Decision 

 Making, p. 393-398. The specific facts about implementation were obtained 

 during a August 1981 phone conversation with David Davis, Office of Federal 

 Activities, Environmental Protection Agency. 



