On Dec. 27, 2021, the US Army Corps of Engineers (Corps) issued a final nationwide permit (NWP) rule renewing a permitting tool for both the government and the regulated community.
According to The National Law Review, projects with minimal adverse environmental effects can obtain authorization for the discharge of dredged or fill material into waters of the U.S. (WOTUS) through the Corps’ streamlined NWP process. Doing so ensures compliance with the Clean Water Act (CWA).
The Corps reissued 40 existing NWPs and one new NWP, which will combine with 16 NWPs issued on January 13, 2021 to authorize use of the full suite of NWPs through Mar. 14, 2026.
According to the rule, projects that discharge dredged or fill material into wetlands, rivers, streams and other aquatic features deemed WOTUS must obtain permission for those discharges from the Corps with a CWA Section 404 permit.
The NWP program allows activities that meet specified requirements designed to ensure that impacts to WOTUS are minimal. Projects that qualify for a NWP allow project developers to substantially reduce federal permitting costs and delays, according to The National Law Review.
In a final rule published Jan. 13, 2021, the Corps reissued 12 of the 52 existing NWPs and four of the proposed new NWPs. The Corps also reissued NWP general conditions and definitions. On December 27, 2021, the Corps reissued the remaining 40 existing NWPs, and issued the remaining new NWP (NWP 59 for water reclamation and reuse facilities), reported The National Law Review.
The NWP general conditions and definitions published on Jan. 13, 2021, which apply to the 41 NWPs reissued or issued in the Dec. 27, 2021 final rule. The 40 existing NWPs replaced by the final rule will expire on Feb. 24, 2022, and the 41 NWPs will take effect on Feb. 25, 2022, and will expire on Mar. 14, 2026 (the same date that the 16 NWPs issued in January 2021 expire).
Key aspects of the 2021 NWPs include:
- WOTUS Definition;
- Grandfathering;
- Trifurcation of NWP 12;
- New NWPs in 2021;
- Mitigation General Condition;
- NWP 14 (Linear Transportation Projects);
- NWP 41 (Reshaping Existing Drainage and Irrigation Ditches); And
- Endangered Species Act Compliance.
