Public Notice: Opportunity to Comment on CWA Section 401 Water Quality Certification for the proposed 2026 U.S. Army Corps of Engineers Nationwide Permits and Regional Conditions for Indian Country where EPA is the Certifying Authority in IL, IN, MI, MN and WI
Summary
The EPA received a request from the U.S. Army Corps of Engineers (USACE) Detroit District, Louisville District, and St. Paul District on June 18, 2025, and from the Rock Island District on June 24, 2025, for CWA section 401 water quality certification (WQC) of the proposed 2026 Nationwide Permits (NWPs). Section 401(a)(1) of the Clean Water Act (CWA) requires applicants for federal licenses or permits that may result in any discharge into waters of the United States to obtain certification or waiver from the certifying authority of the State or Tribe where the discharge would originate.
The EPA acts as the certifying authority for Indian Country on behalf of those Tribes that have not received treatment in a similar manner as a state (TAS) for CWA section 401. EPA Region 5 is requesting comments on its pending CWA section 401 Certification decision for the USACE NWPs and Regional Conditions for Indian Country in Illinois, Indiana, Michigan, Minnesota and Wisconsin where the EPA is the certifying authority.
The EPA will act on this certification by either: (1) granting certification; (2) granting certification with conditions; (3) denying certification; or (4) expressly waiving certification consistent with CWA section 401 and the EPA’s implementing regulations at 40 CFR 121. Learn more information about the EPA’s 401 certification process.
Applicants or Respondents
Applicant names: USACE-Detroit District
USACE-Louisville District
USACE-Rock Island District
USACE-St. Paul District
Location: Indian Country in Illinois, Indiana, Michigan, Minnesota and Wisconsin where the Region 5 EPA is the certifying authority.
Supplemental Information
On June 18, 2025, USACE published a proposed list of 57 Nationwide permits (NWPs) in the federal register. NWPs are a type of general permit issued by USACE authorizing certain activities under the CWA Section 404 (discharges of dredged or fill material) and Rivers and Harbors Act Section 10 (structures or work in navigable waters) "that will result in no more than minimal individual and cumulative adverse environmental effects." The NWPs permits are reissued every five years. The current set of NWPs is set to expire in March 2026. A summary table for the proposed NWPs can be found here.
The Corps is proposing to issue one new NWP authorizing activities to improve the passage of fish and other aquatic organisms through aquatic ecosystems (NWP A). One NWP is not proposed for reissuance (NWP 56-Finfish Mariculture). In addition, the Corps is proposing to modify multiple other NWPs to simplify and clarify those NWPs.
The EPA is reviewing the draft NWPs and the draft Regional Conditions to develop a CWA section 401 certification decision. Information about the proposed USACE 2026 NWPs and Regional Conditions are provided in the following Corps Public Notices: