Tiêu chuẩn quốc tế

• Số hiệu / Standard Number: AASHTO PG14:2011
• Năm ban hành / Publication date: 2011
• Tình trạng / Status: W - Hết hiệu lực
• Tên tiếng Anh / Title in English: AASHTO Practitioner’s handbook - Applying the Section 404(b)(1) Guidelines in Transportation Project Decision-Making

Thay thế bằng / Replaced by

AASHTO PH14:2016

• Số trang / Page: 26

Phạm vi áp dụng / Scope of standard

Overview

Section 404 of the Clean Water Act prohibits the discharge of
dredged or fill materials into waters of the United States, except
when authorized by a permit issued by the U.S. Army Corps of
Engineers (Corps). Waters of the United States-also called
jurisdictional waters-include many wetlands, streams, lakes, and
rivers, as well as oceans.

Section 404(b)(1) of the Clean Water Act directs the U.S.
Environmental Protection Agency (EPA) to issue "guidelines" that
the Corps must follow when issuing Section 404 permits. EPA
complied with that mandate by issuing the regulations known as the
Section 404(b)(1) Guidelines, which are codified at 40 C.F.R. Part
230.

Federal agencies typically consider the Guidelines as one part
of an environmental review process that includes compliance with
many other laws, such as the National Environmental Policy Act
(NEPA). Therefore, rather than addressing the Guidelines in
isolation, this Handbook considers the Guidelines in the context of
the environmental review process as a whole. The Handbook uses a
step-by-step approach to illustrate the actions that can be taken
throughout the process to lay the groundwork for compliance with
the Guidelines.

It is important to note several points regarding the scope and
emphasis of this Handbook:

■ This Handbook is intended for transportation agencies, not
permitting agencies. Therefore, it focuses on actions that
transportation agencies can take in their capacity as project
sponsors, joint lead agencies, and/or permit applicants. It is not
intended as a manual or guide for permitting officials in the Corps
or other agencies.

■ The Handbook focuses on projects that require an individual
Section 404 permit under the Clean Water Act and that involve
preparation of an EIS or EA under NEPA-in other words, relatively
large and complex projects. These projects are the focus of the
Handbook because they are the ones that are most likely to involve
difficulties or disagreements regarding the application of the
Guidelines. The Handbook does not address projects that qualify for
nationwide or regional general permits.

■ The Handbook focuses on Section 404 permitting, rather than
covering all forms of Corps permitting equally. As background, the
Handbook briefly discusses permits issued by the Corps under
Sections 9 and 10 of the Rivers and Harbors Act.

■ The Handbook focuses on the Guidelines specifically, rather
than covering all aspects of Section 404 permitting. The Handbook
focuses on the Guidelines because of their important role in
decision-making for complex transportation projects. As context for
the discussion of the Guidelines, the Handbook includes background
information on other important aspects of Section 404 permitting,
such as jurisdictional determinations.