Public Notice: Water Quality Certification of 2026 Nationwide Permits in the Pacific Northwest and Alaska
Summary
On June 18, 2025, EPA received a request from the U.S. Army Corps of Engineers regulatory districts of Alaska, Portland, Seattle, and Walla Walla for water quality certification of the 2026 Nationwide Permits.
Nationwide Permits are issued by the U.S. Army Corps of Engineers to authorize categories of activities under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 that have no more than minimal individual and cumulative adverse environmental effects.
U.S. Army Corps of Engineers headquarters is proposing to reissue its existing Nationwide Permits and associated general conditions and definitions, with some modifications. In addition, the U.S. Army Corps of Engineers Northwest Division has proposed regional conditions for the states of Alaska, Idaho, Oregon, and Washington (EPA's Region 10).
Section 401(a)(1) of the Clean Water Act requires applicants for federal permits and licenses that may result in discharges into waters of the United States to obtain certification that the discharge will comply with applicable provisions of the Clean Water Act. Where no state agency or Tribe has authority to give such certification, EPA is the certifying authority.
In this case, portions of the proposed permit coverage area are within reservation areas for Tribes without treatment as a state under Clean Water Act Section 401 as well as lands of exclusive federal jurisdiction. Therefore, EPA is a certifying authority for this proposed permit renewal.
EPA is requesting comments on its Clean Water Act Section 401 water quality certification for this proposed permit package.
Permit descriptions
The U.S. Army Corps of Engineers has posted a national draft permit package as well as district-specific notices for regional conditions (see links below for details):