Public Notice: Clean Water Act (CWA) Section 401 Water Quality Certification for the 2026 U.S. Army Corps of Engineers Clean Water Act Section 404 Nationwide Permits
Summary
U.S. Environmental Protection Agency, Region 9 (EPA) received a request from the U.S. Army Corps of Engineers (USACE) Albuquerque, Honolulu, Los Angeles, Sacramento and San Francisco Districts for a CWA 401 water quality certification for discharges associated with the 2026 USACE Nationwide Permits (NWPs).
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 will expire in March 2026.The proposed rule for the 2026 NWPs was published in the Federal Register June 18, 2025. The Corps is proposing to reissue most of the NWPs without changes. The NWP Federal Register Notice (FRN) is located at: Proposal To Reissue and Modify Nationwide Permits.
Section 401 of the Clean Water Act requires applicants for federal licenses or permits that conduct any activity that may result in discharge into waters of the United States to obtain a certification or waiver from the certifying authority where the discharge originates. Where no state or Tribe has authority to give such certification, the EPA is the certifying authority. The EPA will decide whether to (1) certify as proposed; (2) certify with conditions; (3) deny or (4) waive certification of the proposed activities. The EPA is reviewing the draft NWPs and the draft Regional Conditions to develop a CWA section 401 certification decision.
Location
The certification request includes all geographic areas in EPA Region 9 California, Nevada, Arizona, Navajo Nation allotment lands in New Mexico, Hawaii, and the Pacific Islands where there are no other certifying authorities, including Tribal lands where tribes are not CWA 401 certifying authorities and lands of Exclusive Federal Jurisdiction.
For Further Information
Russell Huddleston, Wetlands and Oceans Section (WTR-2-2), U.S. Environmental Protection Agency, 75 Hawthorne St., San Francisco, CA 94105; (415) 972-3507; huddleston.russell@epa.gov.
Learn more: Water Quality Certifications on Tribal Lands in EPA's Pacific Southwest (Region 9)
Supplemental Information
Information about the proposed USACE 2026 NWPs and Regional Conditions are provided in the following Corps Public Notices: