Public Notice: U.S. Army Corps of Engineers Water Quality Certification – Proposal to Reissue 56 Existing Nationwide Permits

Summary

Notice of Intent to Consider Certification in Indian Country

Section 401 of Clean Water Act

The U.S. Environmental Protection Agency (EPA) received a request from the U.S. Army Corps of Engineers (USACE) for a Clean Water Act (CWA) Section 401 water quality certification (WQC) for Indian Country for USACE’s proposal to reissue 56 existing nationwide permits (NWPs): 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55, 57, 58, 59; and issue one new NWP: A.

Section 401 of the CWA requires applicants for federal licenses or permits to conduct any activity that may result in any discharge into waters of the United States to obtain a certification or waiver from the certifying authority where the discharge originates or will originate. EPA will do a review to determine if the proposed activity will comply with the applicable water quality requirements, including any limitation, standard, or other requirement under sections 301, 302, 303, 306, and 307 of the CWA; any federal, state or tribal laws or regulations implementing those sections; and any other water quality-related requirement of state or tribal law. Where no state or tribe has the authority to do the review and give such certification or waiver thereof, EPA is the certifying authority [33 U.S.C. 1341(a)(1)]. In this case, the Iowa Tribe of Kansas and Nebraska, Kickapoo Tribe in Kansas, Omaha Tribe of Nebraska, Ponca Tribe of Nebraska, Prairie Band Potawatomi Nation, Sac and Fox Nation of Missouri in Kansas and Nebraska, and Santee Sioux Nation do not have the authority to provide CWA Section 401 certification; therefore, EPA is making the certification decision for the following permit:

USACE is proposing to reissue its existing NWPs and associated general conditions and definitions, with some modifications. USACE is proposing to issue one new NWP, which would authorize activities to improve the passage of fish and other aquatic organisms through aquatic ecosystems. In addition, USACE is proposing to modify some other NWPs to simplify and clarify them. The proposed modifications to the NWPs’ general conditions and definitions are intended to reduce burdens on the regulated public and continue to comply with the statutory requirement that NWPs only authorize activities with no more than minimal individual and cumulative adverse environmental effects. USACE is proposing to modify two of the 2021 NWPs (i.e., NWP 48 for commercial shellfish mariculture activities and NWP 56 for finfish mariculture activities) to address litigation on those NWPs.

Persons may comment upon or object to the application, or may request a public hearing, by sending an email to r7cwa401@epa.gov within 15 days of the publication date of this public notice. Persons requesting a public hearing must state the nature of the issues to be raised at the hearing and all arguments and actual grounds for supporting their position. Public comments provided will be considered prior to making a final decision regarding the certification.

Applicants or Respondents