1. Memorandum between the Department of the Army, Corps of Engineers and the U.S. Environmental Protection Agency
- Author
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James, R. D.; Ross, David P., United States. Office of the Assistant Secretary of the Army (Civil Works); United States. Environmental Protection Agency, James, R. D.; Ross, David P., and United States. Office of the Assistant Secretary of the Army (Civil Works); United States. Environmental Protection Agency
- Abstract
MEMORANDUM BETWEEN THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS AND THE U.S. ENVIRONMENTAL PROTECTION AGENCY Subject: U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army), Corps of Engineers (Corps) Coordination to Ensure Consistent Implementation of the Navigable Waters Protection Rule 1. Purpose. The purpose of this memorandum is to establish a process by which the U.S. Environmental Protection Agency (EPA), the Department of the Army (Army1), and the U.S. Army Corps of Engineers (Corps) (the agencies) will coordinate on policy matters to ensure the consistent implementation of the Navigable Waters Protection Rule: Definition of “Waters of the United States” (NWPR; 85 FR 22250, April 21, 2020). This memorandum also establishes, for a limited period of time, a process for coordinating certain draft approved jurisdictional determinations (JDs) and a joint agency review process for final approved JDs and EPA jurisdictional decisions following implementation of the rule. An effective coordination process will promote and improve interagency cooperation, facilitate increased communication, and establish an efficient process for determining Clean Water Act (CWA) jurisdiction. This memorandum does not nullify or supersede the January 19, 1989 “Memorandum of Agreement Between the Department of the Army and the Environmental Protection Agency Concerning the Determination of Geographic Jurisdiction of the Section 404 Program and the Application of the Exemptions under Section 404(f) of the Clean Water Act” (1989 MOA), including its special case provisions,2 nor does it supersede policy or individual permit elevations under the CWA Section 404(q) “Memorandum of Agreement Between the Department of the Army and the Environmental Protection Agency” (1992 404(q) MOA).3 2. Current Practice. The Corps Districts are currently posting all final approved JDs for public viewing on their respective websites as well as on the Corps Headquarters (HQ) website
- Published
- 2022