View Rule

The U.S. Army Corps of Engineers (Corps) issues nationwide permits (NWPs) under section 404 of the Clean Water Act and section 10 of the Rivers and Harbors Act of 1899.  The NWPs authorize specific categories of activities in jurisdictional waters and wetlands that have no more than minimal individual and cumulative adverse environmental effects. The NWPs help protect the aquatic environment and the public interest by providing incentives to reduce impacts on jurisdictional waters and wetlands, while effectively authorizing activities that have no more than minimal individual and cumulative adverse environmental effects. In January 2021, the Corps reissued and modified 12 existing NWPs and issued four new NWPs (RIN 0710-AA84). For these 16 NWPs, the Corps also reissued and modified the NWP general conditions and definitions. In the January 2021 final rule, the Corps did not reissue or modify the remaining 40 existing NWPs or make a final decision concerning proposed new NWP E (water reclamation and reuse facilities). The 40 remaining NWPs continue to be in effect under the January 6, 2017, final rule and the general conditions and definitions that were issued in the 2017 final rule continue to apply to those 40 permits. The remaining 40 NWPs will expire on March 18, 2022, if they are not reissued. This separate final rule will address the reissuance and modification of these 40 NWPs and the decision regarding whether to issue proposed new NWP E.