Date of Notice: February 11, 2022
On December 21, 2021, the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register (86 FR 73522) announcing the reissuance of 40 existing nationwide permits (NWPs), general conditions, and definitions with some modifications. The Corps also issued one new NWP. These 41 NWPs will go into effect on February 25, 2022, and will expire on March 14, 2026:
- NWP 1 – Aids to Navigation
- NWP 2 – Structures in Artificial Canals
- NWP 3 – Maintenance
- NWP 4 – Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
- NWP 5 – Scientific Measurement Devices
- NWP 6 – Survey Activities
- NWP 7 – Outfall Structures and Associated Intake Structures
- NWP 8 – Oil and Gas Structures on the Outer Continental Shelf
- NWP 9 – Structures in Fleeting and Anchorage Areas
- NWP 10 – Mooring Buoys
- NWP 11 – Temporary Recreational Structures
- NWP 13 – Bank Stabilization
- NWP 14 – Linear Transportation Projects
- NWP 15 – U.S. Coast Guard Approved Bridges
- NWP 16 – Return Water From Upland Contained Disposal Areas
- NWP 17 – Hydropower Projects
- NWP 18 – Minor Discharges
- NWP 19 – Minor Dredging
- NWP 20 – Response Operations for Oil or Hazardous Substances
- NWP 22 – Removal of Vessels
- NWP 23 – Approved Categorical Exclusions
- NWP 24 – Indian Tribe or State Administered Section 404 Programs
- NWP 25 – Structural Discharges
- NWP 27 – Aquatic Habitat Restoration, Establishment, and Enhancement Activities
- NWP 28 – Modifications of Existing Marinas
- NWP 30 – Moist Soil Management for Wildlife
- NWP 31 – Maintenance of Existing Flood Control Facilities
- NWP 32 – Completed Enforcement Actions
- NWP 33 – Temporary Construction, Access, and Dewatering
- NWP 34 – Cranberry Production Activities
- NWP 35 – Maintenance Dredging of Existing Basins
- NWP 36 – Boat Ramps
- NWP 37 – Emergency Watershed Protection and Rehabilitation
- NWP 38 – Cleanup of Hazardous and Toxic Waste
- NWP 41 – Reshaping Existing Drainage Ditches
- NWP 45 – Repair of Uplands Damaged by Discrete Events
- NWP 46 – Discharges in Ditches
- NWP 49 – Coal Remining Activities
- NWP 53 – Removal of Low-Head Dams
- NWP 54 – Living Shorelines
- NWP 59 – Water Reclamation and Reuse Facilities
The 40 existing NWPs published in the December 27, 2021 final rule replace the 2017 versions of these NWPs. The 2017 versions of NWPs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 41, 45, 46, 49, 53, and 54 expire on February 24, 2022. According to 33 CFR § 330.6(b), activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon an NWP that was verified under the 2017 NWP, will remain authorized provided the activity is completed within twelve months of the date of an NWP's expiration, modification, or revocation. If an activity that was verified under these 40 existing NWPs and has commenced or is under contract to commence, they will remain authorized until February 24, 2023.
With the publication of these NWPs in the Federal Register, the Northwestern Division has finalized regional conditions for the 41 NWPs in the State of Idaho. The regional conditions are intended to provide additional protection for the aquatic environment, by ensuring that the NWPs authorize only those activities with minimal adverse effects on the aquatic environment. The final 2022 Regional Conditions for the State of Idaho for the 41 NWPs are attached.
The Section 401 Water Quality Certifications (WQC) have been issued for Section 404 NWP activities by the Idaho Department of Environmental Quality (IDEQ), U.S. Environmental Protection Agency (EPA) and tribes as appropriate in the State of Idaho.
IDEQ issued Final Section 401 WQC for the state of Idaho (excluding Tribal Reservation Lands) on December 4, 2020. IDEQ granted certification for NWPs 4, 5, 6, 7, 15, 17, 18, 19, 20, 22, 25, 27, 30, 31, 32, 33, 34, 36, 37, 38, 41, 45, 46, 49, and 54 with conditions; issued partial certification on NWPs 3, 13, 14, and 59; and denied certification for NWPs 16, 23, and 53. These NWPs will require an individual WQC from IDEQ.
EPA issued Final Section 401 WQC on October 13, 2021 for projects occurring on tribal lands where tribes do not have treatment in a similar manner as state and lands with exclusive federal jurisdiction. EPA granted certification for NWPs 3, 4, 5, 6, 7, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 25, 27, 30, 31, 32, 33, 34, 36, 37, 38, 41, 45, 46, 49, 53, 54, and 59 with general conditions.
The Coeur d’ Alene Tribe, Shoshone-Bannock Tribes, and Shoshone-Paiute Tribes have denied without prejudice WQC for all activities authorized by NWPs on lands within the Shoshone Bannock Fort Hall Reservation, Shoshone-Paiute Tribes Duck Valley Indian Reservation, and on TAS approved waters of the Coeur d’ Alene Reservation respectively. Any Section 404 NWP activity occurring in these areas will require an individual Section 401 WQC.
The WQCs were accepted by the Northwestern Division Commander and any conditions of the WQC are added to the 41 NWPs as regional conditions. Water quality conditions pertaining to the NWPs are attached.
The December 27, 2021, Federal Register notice is available for viewing at: https://www.federalregister.gov/documents/2021/12/27/2021-27441/reissuance-and-modification-of-nationwide-permits
As an alternative, interested parties can access the December 27, 2021, final rule and related documents at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/
All Walla Walla District NWP Documents and information will be posted at: https://www.nww.usace.army.mil/Business-With-Us/Regulatory-Division/Nationwide-Permits/
Encls:
2022 Regional Conditions for the State of Idaho
Section 401 Water Quality Certifications