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Army Corps of Engineers Proposes to Modify Dredge & Fill Nationwide Permits

Posted on 6/1/2016 by Roger Marks

In today’s Federal Register, the US Army Corps of Engineers proposed to modify and reissue existing Nationwide Permits (NWPs) for discharge of dredged or fill material into the waters of the US. In addition to updating the existing NWPs, the proposal seeks to add two new permits. 

There are currently 50 NWPs in effect, which authorize certain activities under two major US EPA water programs—the Clean Water Act (Section 404) and the Rivers and Harbors Act of 1899 (Section 10). The goal of these NWPs is to provide wide-ranging authorization for activities with minimal environmental impact—without issuing a separate permit for every single activity.
 
Dredge and fill Clean Water Act regulations

The last reissued dredge-and-fill NWPs went into effect in March 2012 and will expire in March 2017. Today’s proposal is the first step toward reissuing the NWPs for another 5-year period (until 2022).  

See today’s proposed rule in the Federal Register here.
 

EPA’s New Definition of Waters of the US

Exactly which bodies of water US EPA and the Army consider “waters of the US” has been a subject of some controversy lately. EPA redefined the term last year and has faced legal challenges ever since. Most recently, the implementation of EPA’s Final Rule was blocked by a Federal Court of Appeals.

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Tags: Act, Clean, new rules, Water

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