Who regulates the discharge of dredged or filled materials under CWA §404?

The discharge of dredged or filled materials under the Clean Water Act (CWA) Section 404 is regulated by the Army Corps of Engineers. This regulation is part of the federal water management framework that aims to protect the nation's waters from the damaging effects of pollution and ensure the integrity of aquatic ecosystems.

The Army Corps of Engineers is responsible for issuing permits for the discharge of materials into navigable waters, which includes wetlands and other water bodies, as stipulated in Section 404. This oversight is essential for maintaining water quality and managing the use of water resources. The Corps considers both environmental impacts and the need for development when making permitting decisions.

While the Environmental Protection Agency (EPA) also plays a significant role under the CWA—particularly in setting standards and providing guidance—it is the Army Corps that directly administers the permitting process for discharges. NOAA, while involved in marine and ocean resource management, does not regulate discharges under Section 404. Similarly, the Department of Defense is not involved in this specific environmental regulatory function.