In This Issue

Corps of Engineers NOPR to Reissue Nationwide Permits 2 Years Ahead of Schedule

[Docket No. COE-2020-0002]

On September 15, 2020, the U.S. Army Corps of Engineers (Corps) published a Notice of Proposed Rulemaking (NOPR) to replace the 2017 Nationwide Permits (NWPs) by the end of 2020. NWPs provide a streamlined process for the Corps to authorize work in streams, wetlands, lakes, and tidal waters under Section 404 of the federal Clean Water Act.

The Corps is proposing to reissue its existing NWPs and associated general conditions and definitions, with some modifications. They are also proposing to issue five new NWPs.

They are proposing to divide the current NWP 12, that authorizes utility line activities, into three separate NWPs that address the differences in how different linear projects are constructed, the substances they convey, and the different standards and best management practices that help ensure those NWPs authorize only those activities that have no more than minimal adverse environmental effects. Specifically, the Corps is proposing to modify the current utility line NWP 12 to authorize only oil and natural gas pipeline activities.

The Corps is requesting comment on all aspects of these proposed nationwide permits. Submit comments on or before November 16, 2020 on the Federal eRulemaking Portal, and include the Docket Number COE-2020-0002.

For a copy of the Corps NOPR, contact Jessica Foley.