Memorandum for U.S. Army Corps of Engineers Director of Civil Works and U.S. EPA Regional Administrators I-X
In: Memo_ElevatingAndCoordinatingSpecificDraftDeterminations_CWA.pdf; (2020)
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1 MEMORANDUM FOR U.S. ARMY CORPS OF ENGINEERS DIRECTOR OF CIVIL WORKS AND U.S.EPA REGIONAL ADMINISTRATORS I-X Subject: U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) Process for Elevating and Coordinating Specific Draft Determinations under the Clean Water Act (CWA) 1.Purpose. The purpose of this memorandum is to establish a process by which the U.S. Army Corps ofEngineers (Corps) and the U.S. Environmental Protection Agency (EPA) (the agencies)intend to elevateto their headquarters (HQs) for coordination certain case-specific and stand-alone Clean Water Act(CWA) determinations under paragraph (a)(1) of the Navigable Waters Protection Rule: Definition of“Waters of the United States” (NWPR; 85 FR 22250, April 21, 2020).1 These case-specific elevationsinclude traditional navigable water (TNW) determinations concluding a water is “susceptible to use”solely based on evidence of recreation-based commerce, and the application of the NWPR paragraph (b)exclusions to NWPR paragraph (a)(1) waters.As stated in the preamble to the NWPR regarding TNW determinations, the agencies commit to implementing “field elevation procedures should difficult legal questions arise, including requiring such interpretations to be reviewed by senior legal staff at each of the agencies’ respective HQ.” 85 FR 22282. The elevation and coordination process outlined in this memorandum will promote and improve interagency cooperation, facilitate increased communication, and establish an efficient and effective process for certain TNW determinations under the CWA. The agencies also intend to coordinate on draft approved jurisdictional determinations (JDs) that would exclude paragraph (a)(1) waters under the NWPR in instances when such waters meet the conditions of paragraph (b) of the NWPR.2 This memorandum does not nullify or supersede the January19, 1989“Memorandum of Agreement Between the Department of the Army and the Environmental Protection Agency Concerning t
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Memorandum for U.S. Army Corps of Engineers Director of Civil Works and U.S. EPA Regional Administrators I-X
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Quelle: | Memo_ElevatingAndCoordinatingSpecificDraftDeterminations_CWA.pdf; (2020) |
Veröffentlichung: | 2020 |
Medientyp: | Elektronische Ressource |
Umfang: | 607902 Bytes |
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