Clean Water Act § 404 Assumption

Clean Water Act § 404 Assumption

The Environmental Protection Agency (EPA) has informed ADEQ they intend to publish a new definition for Waters of the United States by early 2020. If published as proposed, the definition change would remove federal environmental protections for many surface waters throughout Arizona. ADEQ will be evaluating how a State § 404 permit might be impacted by the new WOTUS rule.

The CWA & State 404 Proposed Program Roadmap is now available for review | View Document > 

Note: ADEQ has honored requests to extend the deadline for survey feedback to November 18.


With a record of improved permit processing and return-to-compliance timeframes, ADEQ is pursuing the development and administration of a state Clean Water Act (CWA) § 404 program to align CWA programs across the state. The value ADEQ can provide to the regulated community, while protecting public health and Arizona’s unique environment, includes:

  • Clear understanding of how a proposed project will be analyzed.
  • Predictable and consistent permit conditions and reduced review timeframes.
  • Improved accountability with one agency responsible for CWA requirements, resulting in consistent feedback and advice.
  • Robust enforcement and compliance assistance programs providing consistent protection of Waters of the United States (WOTUS) in Arizona and encouraging good environmental corporate stewardship.

Ability to streamline comprehensive analyses of impacts to aquatic resources by leveraging agency-wide environmental data and data from sister-state agencies.

After reviewing the Roadmap, please complete an online survey (survey link located on Page 66 of the Roadmap). ADEQ values your input and hopes to determine if the state § 404 program will add value to the regulatory process and environment in Arizona. ADEQ would also like your input about potential gaps in the Roadmap that need to be addressed if the state moves forward designing a program.