Protection Agency entitled EPA's Approval of Florida's Clean Water Act Section 404 Assumption Request (85 Fed. Reg. 83553 (December 22, 2020)) (including any updates to the program described in a successor Federal Register notice), including the Programmatic Biological Opinion with Incidental Take Statement associated with the program. (3) Savings provision Nothing in this subsection prohibits the Administrator, in accordance with section 404(i) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(i) ), from withdrawing approval of a permit program described in paragraph (2) if the Administrator determines that a State is not administering the permit program as approved. (b) Clarification of process Section 404(h) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(h) ) is amended by adding at the end the following: (6) Not a rule or regulation The approval of a State permit program under this section shall not be considered to be a rule or regulation. .