In this resolution ECOS pledges to work with federal partners and others to reduce uncertainties and improve communication related to EPA’s Section 404(c) power; urges EPA to engage with the state before exercising its Section 404(c) power; urges EPA to defer to state permitting processes that are consistent with federal requirements; urges EPA to review and, if needed, revise the 1992 MOA; urges EPA to communicate with the state about the use of Section 401(a)(2) and to notify the state if it is not followed; and urges EPA to strive to ensure greater transparency with states with respect to the finality of decisions and any process or standard to revisit or reopen decisions.
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