PROPOSED REVISED FEDERAL WETLANDS DELI>fEATION MANUAL 



QUESTIONS AND ANSWERS 



BACKGROUND 



What is the Section 404 program? 



The Section 404 permit program regulates the discharge of dredged or fill material into 

 waters of the United States, a term which includes most of the Nation's wetlands. This 

 program is jointly implemented by the Environment Protection Agency (EPA) and the 

 Army Corps of Engineers (Corps), with advice from the Fish and Wildlife Service 

 (FWS) and the National Marine Fisheries Service (NMFS). The Corps of Engineers 

 handles the day-to-day administration of the program, including jurisdictional 

 determinations, evaluating permit applications and deciding whether to issue or deny 

 the permit, and enforcement. EPA has also several significant statutory responsibilities 

 in the program including development, with the Corps, of the program's environmental 

 standards (the Section 404(b)(1) Guidelines); restricting or prohibiting discharges that 

 have unacceptable adverse effects (Section 404(c)); determining the scope of geographic 

 jurisdiction; enforcement (EPA and the Corps both have enforcement authority); 

 approval and oversight of State program assumption; and determining the applicability 

 of permit exemptions for many agricultural and silvicultural activities under Section 

 404(f). 



Statistics on Section 404 permit reviews and activities 



Permit Activities ~ The Clean Water Act Section 404 program regulates the discharge 

 of dredged or fill material into waters of the United States. In general, the Corps 

 receives approximately 15,000 individual permit applications annually (this number 

 includes both Section 404 and Section 10 applications). Of these 15,000 permit 

 applications: 



- approximately 10,000 permits (67%) are issued; 



- approximately 500 permit applications (3%) are denied; 



- approximately 4,500 permit applications (30%) are withdrawn by the applicant 

 or qualify for a general permit. 



In addition, approximately 75,000 minor activities are authorized each year through 

 regional and nationwide general permits . General permits authorize activities in 

 wetlands and other waters without the need for an individual permit review as long as 

 these activities cause only minimal adverse environmental effects. Nationwide permit 

 #26, in particular, authorizes activities involving discharges of dredged or fill material 

 into 10 acres or less of isolated waters or headwaters streams (non-tidal streams where 

 the average annual flow is 5 cubic feet per second or less). For activities that affect 



