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###### Environmental Protection Agency

          - [EPA-HQ-OW-2018-0640; FRL-10018-92-Region 4]

# AGENCY:

Environmental Protection Agency.

# ACTION:

Notice.

# SUMMARY:

On August 20, 2020, the Environmental Protection Agency (EPA) received from the Governor of the State of Florida a complete program submission to assume regulating discharges of dredged or fill material into waters within the jurisdiction of the State in accordance with Clean Water Act (CWA) section 404(g-l). Receipt of the package initiated a 120-day statutory review period. After careful review of the package submitted, as well as consideration of comments submitted on the package by the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), and the U.S. Army Corps of Engineers (Corps), comments received during consultation with tribes, and over 3,000 comments received from the public, EPA has determined that the State of Florida has the necessary authority to operate a CWA Section 404 program in accordance with the requirements found in CWA section 404(g-l) and EPA's implementing regulations. Therefore, EPA has taken final action to approve Florida's assumption of the program.

# DATES:

Florida's program assumption will be applicable December 22, 2020.

# FOR FURTHER INFORMATION CONTACT:

                        Mr. Kelly Laycock, Oceans, Wetlands and Streams Protection Branch, USEPA Region 4, 61 Forsyth St. SW, Atlanta, GA 30303; telephone number: (404) 562-9262; email address:                         *404Assumption-FL@epa.gov.*

# SUPPLEMENTARY INFORMATION:

The CWA established the Section 404 program, under which the Secretary of the Army, acting through the Chief of Engineers of the Corps, may issue permits for the discharge of dredged or fill material into waters of the United States as identified in the CWA. Section 404(g)(1) of the CWA provides states and tribes the option of submitting to EPA a request to assume administration of a CWA Section 404 program in certain waters within state or tribal jurisdiction.

                    The regulations establishing the requirements for the approval of state or tribal programs under section 404 of the CWA were published in the                     **Federal Register**                     at 53 FR 20764 (June 6, 1988) (40 CFR parts 232 and 233), and can be accessed at                     *https://www.epa.gov/​cwa404g/​statutory-and-regulatory-requirements-assumption-under-cwa-section-404.*                     “State regulated waters” are defined in 40 CFR 232.2.                

                    The Corps generally retains CWA Section 404 permitting authority over waters of the United States within “Indian country” as that term is defined at 18 U.S.C. 1151, unless a tribe has assumed administration of a CWA Section 404 program within Indian country.                     *See*40 CFR 233.1(b).                

A state application to administer a Section 404 program must include the following: (a) A letter from the Governor of the state requesting program approval; (b) a complete program description as set forth in 40 CFR 233.11; (c) an Attorney General's statement or a statement from the attorney for those state or interstate agencies which have independent legal counsel, as set forth in 40 CFR 233.12; (d) a Memorandum of Agreement with the EPA Regional Administrator, as set forth in 40 CFR 233.13; (e) a Memorandum of Agreement with the Secretary of the Army, as set forth in 40 CFR 233.14; and (f) copies of all applicable state statutes and regulations, including those governing applicable state administrative procedures. 40 CFR 233.10.

                    On September 16, 2020, EPA published a                     **Federal Register**                     notice of its receipt of a complete program assumption request package (85 FR 57853), opened a public comment period, and scheduled two virtual public hearings on the Section 404 program submitted by Florida. EPA held virtual public hearings on October 21, 2020, and October 27, 2020, and received comments submitted to Docket ID No. EPA-HQ-OW-2018-0640 during the public comment period which ended November 2, 2020. EPA received and reviewed over 3,000 comments submitted during the comment period and public hearings, comments provided during tribal consultation, as well as comments from USFWS, NMFS, and the Corps. EPA also consulted under section 7 of the Endangered Species Act with the USFWS, and under section 106 of the National Historic Preservation Act (NHPA) with the Advisory Council on Historic Preservation (ACHP), the Florida State Historic Preservation Officer (Florida SHPO), the Florida Department of Environmental Protection (FDEP), and Indian tribes with interests in the State of Florida on its decision whether to approve Florida's program request. On December 16, 2020, EPA entered into a programmatic agreement with the ACHP, the Florida SHPO, and FDEP which evidences EPA's compliance with section 106 of the NHPA and its implementing regulations. The programmatic agreement became effective on December 16, 2020. EPA has concluded that the State of Florida and FDEP have the necessary authority to operate a program in accordance with the requirements found in CWA section 404 and 40 CFR part 233. EPA has met its requirements under ESA section 7(a)(2) by completing ESA consultation and receiving a “no jeopardy” Biological Opinion from the USFWS on November 17, 2020. A summary of the comments received, EPA's responses to the comments, and a memorandum documenting the basis for EPA's decision (“State of Florida's Request to Assume a Clean Water Act Section 404 Program”, December 17, 2020) can be found in the docket for this action                           ( print page 83554)                        (Docket ID No. EPA-HQ-OW-2018-0640).                

                    All documents in the docket are listed on the                     *http://www.regulations.gov*                     website. Although listed in the index, some information is not publicly available,                     *e.g.,*                     confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form at the EPA Docket Center and Reading Room. Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room are open by appointment only, to reduce the risk of transmitting COVID-19. Our Docket Center staff will continue to provide remote customer service via email, phone, and webform. For further information on the EPA Docket Center services and the current status, please visit us online at                     *https://www.epa.gov/​dockets.*                     Publicly available docket materials are available electronically through                     *http://www.regulations.gov.*

Dated: December 17, 2020.

Mary Walker,

Regional Administrator, EPA Region 4.

[FR Doc. 2020-28232 Filed 12-18-20; 4:15 pm]

BILLING CODE 6560-50-P