12 July 2023 - Regulatory Program Workshop September 21, 2023
The Galveston District Regulatory Division is hosting a Regulatory Program Workshop on September 21, 2023 from 8:30 am to 4:30 pm. Doors will open at 8 am. The Workshop is open to the public, but to attend, you will need to submit an RSVP. Seating is limited to 240 individuals. An opportunity to RSVP will be forthcoming.
6 July 2023 - Download the new version 2.0.0 of the Antecedent Precipitation Tool (APT)
This new version of the APT contains additional functionalities, to include the incorporation of a newly developed gridded daily precipitation dataset from the National Oceanic and Atmospheric Administration, National Centers for Environmental Information. USACE is also announcing the release of a new user guide for APT 2.0.0. More information can be found by scrolling down to the APT section on this webpage HERE.
27 June 2023 - UPDATE Supreme Court Ruling in Sackett v Environmental Protection Agency
The Environmental Protection Agency and the U.S. Department of the Army (agencies) are in receipt of the U.S. Supreme Court's May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies are interpreting the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies are developing a rule to amend the final "Revised Definition of 'Waters of the United States'" rule, published in the Federal Register on January 18, 2023, consistent with the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. The agencies intend to issue a final rule by September 1, 2023.
20 June 2023 - Special Public Notice SWG-2016-01027 Dow Chemical Company Harris Reservoir Expansion Project Final Environmental Impact Statement (EIS)
The notice of availability for the Dow Chemical Company Harris Reservoir Expansion Project Final Environmental Impact Statement (EIS) was published by the Corps in the Federal Register on June 16, 2023. The Corps will execute a final decision regarding the proposed action and complete a Record of Decision no sooner than 30 days (July 17, 2023) following publication of the Notice of Availability of the Final EIS. The Final EIS is available for public review beginning on June 16, 2023. The Final EIS is accessible at the Corps’ Project webpage.
Comments may be submitted during the entire 30-day review period and will be reviewed and incorporated into the administrative record prior to the Corps’ finalization of the procedure.
26 May 2023 - Supreme Court Ruling in Sackett v. Environmental Protection Agency
The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies will interpret the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies continue to review the decision to determine next steps.
12 May 2023 - Definition of "Waters of the United States": Rule Status and Litigation Update
On December 30, 2022, the Environmental Protection Agency and the U.S. Department of the Army ("the agencies") announced the final "Revised Definition of 'Waters of the United States'" rule. On January 18, 2023, the rule was published in the Federal Register, and the rule took effect on March 20, 2023. However, as a result of ongoing litigation, the agencies are interpreting "waters of the United States" consistent with the pre-2015 regulatory regime in 27 States until further notice. See note below. The agencies developed the 2023 Rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. This rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth. More information about the final rule is available here.
On March 19, 2023, a district court judge for the Southern District of Texas issued an order preliminarily enjoining in Idaho and Texas the 2023 Rule issued by EPA and the Department of the Army defining “waters of the United States.” On April 12, 2023, a district court judge in North Dakota issued an order preliminarily enjoining in 24 States the 2023 rule issued by EPA and the Department of the Army defining “waters of the United States.” These States include Alabama, Alaska, Arkansas, Florida, Georgia, Iowa, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming.
Note: On May 10, 2023, the U.S. Court of Appeals for the Sixth Circuit issued an order granting the motions of Kentucky and plaintiffs-appellants for an injunction pending appeal of the district court's decision. Commonwealth of Kentucky v. EPA (No. 23-5343) and Kentucky Chamber of Commerce, et al. v. EPA (No. 23-5345). In light of this injunction, the agencies will interpret "waters of the United States" consistent with the pre-2015 regulatory regime in Kentucky and for the plaintiff-appellants and their members in this litigation (Kentucky Chamber of Commerce, U.S. Chamber of Commerce, Associated General Contractors of Kentucky, Home Builders Association of Kentucky, Portland Cement Association, and Georgia Chamber of Commerce) until further notice.
The agencies are reviewing these decisions and their options. The agencies continue to believe the rule, which is informed by the text of the relevant provisions of the Clean Water Act and the statute as a whole, as well as the scientific record, relevant Supreme Court case law, input from public comment, and the agencies’ experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining "waters of the United States," is the best interpretation of the Clean Water Act.
The agencies remain committed to establishing and implementing a durable definition of “waters of the United States” informed by diverse perspectives. Our goal is to protect public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and industries that depend on clean water.
If a state, Tribe, or an entity has specific questions about a pending jurisdictional determination or permit, please contact a local U.S. Army Corps of Engineers District office or the EPA.
EPA is providing the below map for informational purposes only to illustrate which definition of “waters of the United States” is generally operative in each state across the country as a result of litigation, and it cannot be relied on for specific determinations or other legal purposes. As the litigation continues, EPA will update the map, when possible, to reflect the most current information that is made available to the EPA and the Army.
12 April 2023 - Joint Public Notice: US Army Corps of Engineers and US Environmental Protection Agency Notice of Availability of the Beta Streamflow Duration Assessment Methods for the Northeast and Southeast
The U.S. Army Corps of Engineers (Corps) Baltimore, Buffalo, Charleston, Chicago, Detroit, Fort Worth, Galveston, Huntington, Jacksonville, Kansas City, Little Rock, Louisville, Memphis, Mobile, Nashville, New England, New Orleans, New York, Norfolk, Philadelphia, Pittsburgh, Savannah, St. Louis, Tulsa, Vicksburg, and Wilmington Districts, and the U.S. Environmental Protection Agency (EPA), Regions 1, 2, 3, 4, 5, 6, and 7 jointly announce the availability of the Beta Streamflow Duration Assessment Methods (SDAM) for the Northeast and Southeast (dated April 12, 2023). The methods are rapid assessment tools to help distinguish between ephemeral, intermittent, and perennial streamflow at the reach scale for the Northeast and Southeast SDAM Regions. The beta SDAMs may help provide technical guidance for identifying waters that may be subject to regulatory jurisdiction under Section 404 of the Clean Water Act; however, these methods do not alter or change the definition of “Waters of the U.S.”
These beta SDAMs were developed for use in all or part of the states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New Jersey, Delaware, Maryland, New York, Pennsylvania, West Virginia, Virginia, North Carolina, South Carolina, Georgia, Florida, Louisiana, Alabama, Tennessee, Kentucky, Ohio, Indiana, Arkansas, Kansas, Illinois, Michigan, Missouri, Mississippi, Oklahoma, Texas, and the District of Columbia by the Corps and EPA. Due to differences in climate and a relatively small amount of data points, the Caribbean sites were not used to develop this iteration of the SDAM, nor is the Caribbean covered by the methods. These beta methods result from a literature review and multi-year field study conducted at 336 stream reaches across the range of hydrologic landscapes of the Northeast and Southeast. Developed through statistical analyses of the field data, the beta SDAMs provide a data-driven approach using reliable indicators to determine streamflow duration class at the reach scale. The agencies are making these beta SDAMs available for a one year preliminary implementation and comment period to inform the development of final SDAMs for the Northeast and Southeast. The full text of the Joint Public Notice is available here.
The method, data forms, and training opportunities are available at: https://www.epa.gov/streamflow-duration-assessment/beta-streamflow-duration-assessment-method-northeast-and-southeast. For additional information on the development of regional Streamflow Duration Assessment Methods for nationwide coverage, see: https://www.epa.gov/streamflow-duration-assessment.
20 March 2023- Final Revised Definition of "Waters of the United States" Becomes Effective
On 20 March 2023, the final "Revised Definition of 'Waters of the United States'" rule (the “2023 Rule”) became effective. The 2023 Rule is operative in all U.S. jurisdictions except the states of Idaho and Texas. The U.S. Department of the Army and U.S. EPA (“the agencies”) final rule establishes a clear and reasonable definition of “waters of the United States” and reduces the uncertainty from constantly changing regulatory definitions that has harmed communities and our nation’s waters. The agencies developed the 2023 Rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. The 2023 Rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth.
Until further notice, federal Clean Water Act jurisdiction in Idaho and Texas will continue to be determined under the pre-2015 regulatory regime. The pre-2015 regulatory regime refers to the Corps’ 1986 definition of “waters of the United States,” implemented consistent with relevant case law and longstanding practice, as informed by applicable guidance, training, and experience. This includes the 2003 SWANCC and 2008 Rapanos guidance documents.
If a state, tribe, or an entity has specific questions about a pending jurisdictional determination or permit, please contact a local U.S. Army Corps of Engineers District office or EPA at cwaWOTUS@epa.gov. More information about the final rule is available at: https://www.epa.gov/wotus/revising-definition-waters-united-states.
The U.S. Army Corps of Engineers (USACE) and the U.S. Environmental Protection Agency (EPA) jointly announce the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual) and are soliciting public comments on this Interim Draft. The Interim Draft of the National OHWM Manual does not imply or represent a change to the definition of “ordinary high water mark” (OHWM) or “Waters of the U.S.” nor does it change existing guidance related to the OHWM (e.g., Regulatory Guidance Letter No. 05-05). Instead, the Interim Draft of the National OHWM Manual provides draft technical guidance for identifying aquatic resources that may be subject to regulatory jurisdiction under Section 404 of the Clean Water Act (CWA) and/or Sections 9 and 10 of the Rivers and Harbors Act of 1899 (RHA), by providing a standard process, uniform datasheets, and unified field procedures to identify and delineate the OHWM of rivers and streams located throughout the Nation. The Interim Draft of the National OHWM Manual was developed by the National Technical Committee for OHWM, which includes experts from Federal agencies and academia. The document provides a scientifically based, rapid framework to support OHWM identification and delineation in a consistent, robust, repeatable, and defensible way.
The U.S. Army Corps of Engineers (Corps) Albuquerque, Chicago, Detroit, Fort Worth, Galveston, Kansas City, Omaha, Rock Island, St. Louis, St. Paul, and Tulsa Districts, and the U.S. Environmental Protection Agency (EPA), Regions 5, 6, 7, and 8, jointly announce the availability of the Beta Streamflow Duration Assessment Method (SDAM) for the Great Plains (dated September 2022). The method is a rapid assessment tool to help distinguish between ephemeral, intermittent, and perennial streamflow at the reach scale for the Northern and Southern Great Plains SDAM Regions. The beta SDAM may help provide technical guidance for identifying waters that may be subject to regulatory jurisdiction under Section 404 of the Clean Water Act; however, this method does not alter or change the definition of “Waters of the U.S.” The beta SDAM was developed for use in all or part of the states of Colorado, Illinois, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, Wisconsin, and Wyoming by the Corps and EPA. The full text of the Joint Public Notice is available
here.
5 August 2022 - Credit Card Payments for USACE Regulatory Permits with Pay.gov
We are now able to accept credit card payments for
USACE Regulatory Permits. Customers can log in at www.pay.gov and pay the $10 or $100 Regulatory
permit fees without having to write and mail a check. NOTE: Please verify with your Corps Regulatory project manager whether an Individual Permit fee is required for your project. Instructions for paying an Individual Permit Fee using pay.gov can be found
here.
24 May 2022 - Special Public Notice SWG-2019-00067 Port of Corpus Christi Authority's Draft Environmental Impact Statement and Notice of Public Meetings
The Notice of Availability for the Port of Corpus Christi Authority’s Channel Deepening Project Draft Environmental Impact Statement for Permit Application no. SWG-2029-00067 will be published n the Federal Register on June 10, 2022. The DEIS will be available for review and comment for a 45-day period beginning June 10, 2002 and ending July 25, 2022.
The Corps will host an in-person public meeting on June 22, 2022, from 3 – 7:30 p.m. at the Ortiz Center 402 Harbor Dr, Corpus Christi, TX 78401. The open house session, where you will have the opportunity to learn more about the project, talk with project staff, and get questions answered, will be available from 3:00 PM-7:30 PM in the Kleberg Room.
For those participants who wish to provide oral comments at the public meeting, the Corps will be accepting public comments starting at 5:00 pm in the Nueces Room. Each speaker will be given three minutes to speak. If you have additional comments that you would like to submit beyond what you are able to address during your time allotted, please submit them in writing. Written comments are just as valid and count the same as verbal comments presented during the public meeting.
8 April 2022 - Special Public Notice SWG-2016-01027 Harris County Reservoir Expansion Project Draft Environmental Impact Statement
The Notice of Availability for the Harris Reservoir Expansion Project Draft Environmental Impact Statement Prepared for Permit Application No. SWG–2016–01027 was published in the Federal Register April 8, 2022. The DEIS will be available for review and comment for a 45-day period beginning on April 8, 2022. All comments must be received or postmarked by Monday, May 23, 2022, (20 calendar days following the public meetings).
Two (2) virtual public meetings will be held virtually online on May 3, 2022, from 11 a.m. – 2 p.m. and from 4 – 7 p.m. The public meetings will be presented online to provide information about the proposed Action and to receive public input and comment on the DEIS. Access information, instructions, an opportunity to subscribe to Project updates, and additional information regarding this proposed Action will be made available prior to the public meetings on the Project website at: www.doweisproject.com
5 January 2022 - Navigable Waters Protection Rule Vacatur
The full text of the statement is available on the U.S. Army Corps of Engineers Headquarters website. The Environmental Protection Agency and U.S. Army Corps of Engineers (“the agencies”) are in receipt of the U.S. District Court for the District of Arizona’s August 30, 2021, order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. U.S. Environmental Protection Agency. In light of this order, the agencies have halted implementation of the Navigable Waters Protection Rule (“NWPR”) nationwide and are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime until further notice. The agencies are working expeditiously to move forward with the rulemakings announced on June 9, 2021, in order to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth. The agencies remain committed to crafting a durable definition of “waters of the United States” that is informed by diverse perspectives and based on an inclusive foundation. Please see the remaining content of the statement on the U.S. Army Corps of Engineers Headquarters website.
27 December 2021 - Army Corps of Engineers announces new and revised Nationwide Permits
U.S. Army Corps of Engineers published a final rule in the Federal Register that reissues 40 nationwide permits and issues one new nationwide permit for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. The final rule was published in the Federal Register today. The decision documents for these nationwide permits are available at www.regulations.gov (docket number COE-2020-0002).
7 December 2021 - EPA, Army publish Proposed Rule "Revised Definition of Waters of the United States"
On 7 December 2021, EPA and the Department of the Army (“the agencies”) published a proposed rule: Revised Definition of “Waters of the United States,” which would define the scope of waters protected under the Clean Water Act. This proposed rule would officially put back into place the pre-2015 definition of “waters of the United States” (WOTUS), updated to reflect consideration of Supreme Court decisions. This familiar WOTUS approach had been in place for decades and would solidify the rules of the road while the agencies continue to consult with stakeholders to refine the definition of WOTUS. The Federal Register notice announcing the EPA’s intention to revise the 2020 Rule is available at: https://www.federalregister.gov/documents/2021/12/07/2021-25601/revised-definition-of-waters-of-the-united-states. The agencies will hold three virtual public hearings on the proposed Rule in January 2022. Information on how to participate will be available on EPA’s website.
2 December 2021 - Water Quality Certifications and Corps Permitting
On October 21, 2021 the U.S. District Court for the Northern District of California issued an order vacating and remanding the Environmental Protection Agency’s 2020 regulations implementing Section 401 of the Clean Water Act. On November 18, 2021, after a temporary pause on permit decisions reliant on a Section 401 water quality certification or waiver completed under the vacated regulations, Corps districts resumed making decisions on all permit applications and requests for nationwide permit verifications. As part of that decision making process, districts will coordinate with certifying authorities on water quality certifications that are potentially impacted by the vacatur order. Questions and answers regarding the 2020 rule vacatur can be found on EPA's website at: https://www.epa.gov/cwa-401/qa-2020-rule-vacatur.
17 November 2021 - Recission of the 30 June 2020 NWPR Memo, "EPA and U.S. Army Corps of Engineers Process for Elevating and Coordinating Specific Draft Determinations under the Clean Water Act (CWA)"
After careful consideration, the U.S. Environmental Protection Agency and the Department of the Army have rescinded the memorandum “U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) Process for Elevating and Coordinating Specific Draft Determinations under the Clean Water Act (CWA),” signed by EPA on June 26, 2020 and Army on June 30, 2020. The memorandum established a process by which the Corps and EPA (together, the agencies) intended to elevate to their headquarters for coordination certain case-specific and stand-alone CWA determinations under paragraph (a)(1) of the Navigable Waters Protection Rule (NWPR). The NWPR did not change the definition of traditional navigable waters and retained the agencies’ longstanding “guidance on determining whether a water is a ‘traditional navigable water’ for purposes of the Rapanos Guidance, the Clean Water Act (CWA), and the agencies’ CWA implementing regulations.” However, by establishing new procedures for one category of traditional navigable waters, the 2020 elevation memorandum created an unnecessary extra step for making traditional navigable waters determinations that the agencies have been making for many years. Therefore, the agencies are rescinding that memorandum, and retaining their legal memorandum on traditional navigable waters, which has remained unchanged since 2007. The legal memorandum, “Legal Definition of ‘Traditional Navigable Waters,’” can be found at https://www.epa.gov/wotus/legal-definition-traditional-navigable-waters.
2 November 2021 - Final 2020 National Wetland Plant List (NWPL)
The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture Natural Resources Conservation Service, is announcing the availability of the final 2020 National Wetland Plant List (NWPL). The Federal Register Notice for the 2020 NWPL update can be found here: https://www.federalregister.gov/documents/2021/11/02/2021-23891/national-wetland-plant-list
The NWPL provides plant species wetland indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of 2 November 2021 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form. The final NWPL is available at https://wetland-plants.sec.usace.army.mil/. (preferred browsers are Chrome and Firefox)
2 September 2021 - Flood Recovery and Repair Activities in the Galveston District
The purpose of this Special Public Notice is to provide guidance and a summary of exemptions and permits which may be required for the protection and repair of existing flood or other storm related damaged structures, damaged land areas, damaged fills, and response operations under the authority of Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344).
8 April 2021 - SWG-2012-00381 - Public Notice
The U.S. Army Corps of Engineers (Corps) Galveston District has extended the comment period for the public notice until April 20, 2021 for the permit application SWG-2012-00381-Space Exploration Technologies, Inc. (Space X) in Cameron County, Texas. Please submit your comments to swg_public_notice@usace.army.mil.
24 March 2021 - Draft Changes to the 2020 National Wetland Plant List (NWPL) and solicitation of public comments
The U.S. Army Corps of Engineers (USACE), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), is announcing the availability of the draft changes to the 2020 NWPL and its web address to solicit public comments. The public now has the opportunity to comment on the proposed changes to wetland indicator status ratings for five plant species in select regions and the addition of 22 new plant species to the NWPL. The Federal Register Notice (FRN) for the 2020 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2021-03-24/pdf/2021-05989.pdf. The public comment period ends on 24 May 2021.
The 27 species and their draft 2020 wetland ratings by region, as well as the FRN, can be viewed at the NWPL homepage, http://wetland-plants.usace.army.mil/, under “2020 NWPL Update Information.” A link to provide general or species-specific comments is also available at this location.
Users are encouraged to submit literature citations, herbaria records, experiential references, monitoring data, and other relevant information. Specific knowledge of, or studies related to, individual species are particularly helpful. Commenters should use their regional botanical and ecological expertise, field observations, reviews of the most recent indicator status information, appropriate botanical literature, floras, herbarium specimens with notation of habitat and associated species, habit data, relevant studies, and historic list information. Providing ratings without supporting documentation or information is not recommended. All submitted comments and information will be compiled and sent to the National Panel for their consideration.
USACE is also seeking comments regarding the administrative change to the South Pacific Islands subregion and the NWPL update process. Detailed information on the update process, protocol, and technical issues can be found in the following documents (available on the “NWPL Publications” web page referenced above):
1. Lichvar, Robert W. and Minkin, Paul. Concepts and Procedures for Updating the National Wetland Plant List. Sept 2008. ERDC/CRREL TN-08-3
2. Lichvar, Robert W. and Gillrich, Jennifer J. Final Protocol for Assigning Wetland Indicator Status Ratings during National Wetland Plant List Update. Sept 2011. ERDC/CRREL TN-11-1
USACE administers the NWPL for the United States and its territories. The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. Additions or deletions to the NWPL represent new records, range extensions, nomenclatural and taxonomic changes, and newly proposed species. The latest review process began in 2020 and included review by Regional Panels and the National Panel.
8 March 2021 - 2021-A Texas Regional Conditions, Texas Clean Water Act (CWA) Section 401 Water Quality Certifications, and Texas Coastal Zone Management Act Consistency-Public Notice
The U.S. Army Corps of Engineers (Corps) Southwestern Galveston District, on 8 March 2021, published a public notice to announce and convey the 2021-A Texas Regional Conditions, Texas CWA Section 401 Water Quality Certifications, and the Texas Coastal Zone Management Act consistencies. These documents and certifications will go into effect for the subject 16 nationwide permits (NWPs) on 15 March 2021 and are enclosed with the public notice. The Corps is not seeking comments at this time. The public notice is available here.
13 January 2021 - 2021 NWP Reissuance - Public Notice
The U.S. Army Corps of Engineers (Corps), on January 13, 2021, published a final rule in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing nationwide permits (NWPs) and four new NWPs, as well as the reissuance of NWP general conditions and definitions with some modifications. These 16 NWPs will go into effect on March 15, 2021, and will expire on March 14, 2026. The public notice is available here.
30 September 2020 - 2020 NWP Renewal - Texas RGC - Public Notice
The Galveston District, as the lead Corps district for the State of Texas, is seeking comments on the proposed Texas Regional Conditions associated with the renewal of the nationwide permit program. 2020 NWP Renewal - Texas RGC - Public Notice
15 September 2020 - Army Corps of Engineers announces proposal to renew and revise nationwide permits
The U.S. Army Corps of Engineers announced today that it has prepared its proposal to renew and revise 52 nationwide permits for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. The proposal was published in the Federal Register today. The public comment period ends on November 16, 2020. The proposed rule is available through the Federal Register web site at: https://www.federalregister.gov/documents/2020/09/15/2020-17116/proposal-to-reissue-and-modify-nationwide-permits. The news release is available here.
22 Jun 2020 - Navigable Waters Protection Rule becomes effective
The Environmental Protection Agency and the Department of the Army’s Navigable Waters Protection Rule (NWPR): Definition of “Waters of the United States” became effective on June 22, 2020 in 49 states and all US territories. A preliminary injunction has been granted for the state of Colorado. Federal jurisdiction in Colorado will be determined using the 2019 Rule (the recodification of the 1986 Regulations) and associated 2003/2008 (SWANCC/Rapanos) guidance documents. The NWPR establishes the scope of federal regulatory authority under the Clean Water Act. The NWPR includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states.
Additional information about the rule can be found on the EPA’s website at https://www.epa.gov/nwpr.
18 May 2020 - Final 2018 National Wetland Plant List (NWPL)
The U.S. Army Corps of Engineers (Corps), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), is announcing the availability of the final 2018 National Wetland Plant List (NWPL). The Federal Register Notice for the 2018 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2020-05-18/pdf/2020-10630.pdf.
The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of May 18, 2020 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form. The final NWPL is available at http://wetland-plants.usace.army.mil/. State, regional, and national lists can also be downloaded from this site.
21 April 2020 - EPA and Army Publish the Navigable Waters Protection Rule
The Environmental Protection Agency (EPA) and the Department of the Army’s Navigable Waters Protection Rule: Definition of “Waters of the United States” was published in the Federal Register. This final rule establishes the scope of federal regulatory authority under the Clean Water Act. The Navigable Waters Protection Rule includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. The final rule will become effective on June 22, 2020. The published version is 93 pages, and the citation is: 85 FR 22250. The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states . Additional information about the rule can be found on the EPA website at https://www.epa.gov/nwpr.
12 September 2019 - Special Public Notice - Clean Water Act final rule repealing the 2015 Clean Water Rule
On September 12, 2019, the Environmental Protection Agency and Department of the Army (the agencies) signed a final rule to repeal the 2015 Clean Water Rule (2015 Rule) and re-codify the regulatory text defining "waters of the United States" (WOTUS) that existed prior to the 2015 Rule. This action will, when effective, provide regulatory certainty as to the definition of “waters of the United States” in light of ongoing litigation over the 2015 Rule. This final rule will be implemented in accordance with Supreme Court decisions, agency guidance, and longstanding practice. This final rule follows the February 28, 2017, Presidential Executive Order on "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The February Order states that it is in the national interest to ensure that the Nation's navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of Congress and the States under the Constitution. To meet these objectives, the agencies have followed a two-step rulemaking process. Today’s final rule is the first step of that process (Step 1 Final Rule). It was first proposed on July 27, 2017, with a supplemental proposal on June 29, 2018, and received 770,000 public comments. The Step 1 Final Rule provides regulatory certainty by removing the patchwork of regulations that existed across the country as a result of various judicial decision enjoining the 2015 Rule, and it reestablishes national consistency across the country by returning all jurisdictions to the longstanding regulatory framework that existed prior to the 2015 Rule, which is more familiar to the agencies, States, Tribes, local governments, regulated entities, and the public.
The Step 1 Final Rule provides the aforementioned regulatory certainty while the agencies engage in the second step of rulemaking to revise the definition of WOTUS. The second step, or the Step 2 Proposed Rule, was published in the Federal Register on February 14, 2019, and the public comment period closed on April 15, 2019. The agencies are currently reviewing over 600,000 public comments before taking final action.
The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture - Natural Resources Conservation Service, announces the draft biennial update to the National Wetland Plant List (NWPL) for 2018 in the Federal Register.
The Corps encourages public input in the form of data, comments, literature references, or field experiences, to help clarify the status of the species reviewed for this update, as well as public input on the NWPL process. The public will have the opportunity to comment on the proposed update or addition of wetland indicator status ratings for 20 plant species in select Corps wetland regions. These 20 reviewed species and their draft 2018 wetland ratings by region, as well as the FR notice, can be viewed at the NWPL homepage, http://wetland-plants.usace.army.mil/ under “2018 NWPL Update Information.” A link to provide general or species-specific comments is also available at this location. Users are encouraged to submit literature citations, herbaria records, experiential references, monitoring data, and other relevant information. Specific knowledge of, or studies related to, individual species are particularly helpful. Commenters should use their regional botanical and ecological expertise, field observations, reviews of the most recent indicator status information, appropriate botanical literature, floras, herbarium specimens with notation of habitat and associated species, habit data, relevant studies, and historic list information. Guessing ratings is inappropriate. All submitted comments and information will be compiled and sent to the National Panel for their consideration.
The Corps is also seeking comments on the NWPL update process. Detailed information on the update process, protocol, and technical issues can be found in the following documents (available on the NWPL Publications web page referenced above):
1) Lichvar, Robert W. and Minkin, Paul. Concepts and Procedures for Updating the National Wetland Plant List. Sept 2008. ERDC/CRREL TN-08-3
2) Lichvar, Robert W. and Gillrich, Jennifer J. Final Protocol for Assigning Wetland Indicator Status Ratings during National Wetland Plant List Update. Sept 2011. ERDC/CRREL TN-11-1
The U.S. Environmental Protection Agency and the Department of the Army have proposed a new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act. The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The agencies will take comment on the proposal for 60 days after publication in the Federal Register. EPA and the Army will also hold an informational webcast on January 10, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on January 23, 2019. More information including a pre-publication version of the Federal Register notice, the supporting analyses and fact sheets are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule.