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Federal Register Notice of Decision on PA 98 of 2013

EPA Comprehensive Review of Michigan 404 Permitting Program
On December 13, 2016, the Environmental Protection Agency (“EPA”) issued a review of Michigan Public Act 98 of 2013 (“PA 98”) to ensure that the administration of the Clean Water Act (“CWA”) by the Michigan Department of Environmental Quality (“MDEQ”) is consistent with the requirements of Section 404 of the CWA.  Michigan is one of only two states in the United States that self-administers the CWA Section 404 permitting program.  In February 1997, the Michigan Environmental Council requested the EPA perform a review of Michigan’s program to ensure consistency with the CWA.  The EPA’s comprehensive review was completed in April 2008, and the review listed several deficiencies in the State’s administration of the Section 404 program. Read more...