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Public Notice: §401 CWA Water Quality Certification; U.S. Army Corps of Engineers Nationwide Permits and Regional Conditions for Tribal Lands Lacking Certification Authority in AZ, CA, NV and Navajo Allottee Lands

How to Comment

Comments accepted through: 10/28/2020
Date extended to: 11/05/2020

Currently, EPA is only able to receive comments or requests via email. To submit your comments or for more information contact:

Elizabeth Goldmann (goldmann.elizabeth@epa.gov), Wetlands Section, U.S. Environmental Protection Agency.

If you are unable to submit electronically or need other assistance, please contact Elizabeth Goldmann at (415) 972-3398, or, if unavailable, the EPA Region 9 general contact phone number at (415) 947-8000.

Do not submit any information you consider to be Confidential Business Information. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make.

EPA Pacific Southwest (Region 9) Tribal Program

Publish Date: 09/28/2020

Summary

Request for Comments on §401 Clean Water Act (CWA) Water Quality Certification of the U.S. Army Corps of Engineers (USACOE) Nationwide Permits (NWPs) and Regional Conditions for tribal lands with tribes lacking §401 certification authority in California, Nevada, Arizona, and Navajo allottee lands.

Supplemental Information

On September 15, 2020, the USACOE Headquarters published in the Federal Register its proposal to renew and revise 52 NWPs, and issue five new NWPs for work in wetlands and other waters that are regulated by §404 of the Clean Water Act and/or §10 of the Rivers and Harbors Act of 1899.  NWPs are a type of general permit issued on a nationwide basis to streamline the authorization of activities that result in no more than minimal individual and cumulative adverse environmental effects. In addition, the Sacramento District, Los Angeles District, San Francisco District and the Albuquerque District (covering Navajo allottee lands) are seeking comments on proposed Regional Conditions and/or the need for additional Regional Conditions to the NWPs.

EPA is reviewing the draft NWPs, and the draft Regional Conditions, and developing a programmatic CWA §401 certification covering most federally-recognized tribes in our region. Based on the draft NWPs, EPA as a certifying authority, must decide whether to (1) certify the program as proposed; (2) certify the program with specific conditions; (3) certify some of the NWPs, but reserve project-by-project review for others; or (4) deny or waive certification of some or all of the NWPs.

Information on the proposed 2020 NWPs and Regional Conditions are provided in the following Corps Public Notices: