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Reissuance and Modification of Nationwide Permits rule (2022)

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The Reissuance and Modification of Nationwide Permits rule is a significant rule issued by the Army Corps of Engineers, U.S. Department of Defense (DoD) effective February 25, 2022, that issued 41 Nationwide Permits to authorize specific activities causing minimal individual and cumulative adverse environmental effects. The permits issued in this rule will expire on March 14, 2026. The agency issued this rule pursuant to its authority under the Clean Water Act.[1]

HIGHLIGHTS
  • Name: Reissuance and Modification of Nationwide Permits
  • Code of Federal Regulations: 33 CFR chapter undefined
  • Agency: Army Corps of Engineers, U.S. Department of Defense (DoD)
  • Action: Final rule
  • Type of significant rule: Other significant rule

    • Timeline

    The following timeline details key rulemaking activity:

    Background

    Nationwide Permits (NWPs) authorize activities that will individually and cumulatively have minimal direct or indirect adverse effects on the environment, as measured and decided by district engineers, according to the text of the rule. Activities include oil or natural gas pipeline activities, mining activities, water-based renewable energy generation pilot projects, utility line activities for water and other substances, etc. At the time the rule was published, some NWPs required pre-construction notification that allowed district engineers to assess the regional adverse effects of the activities so they could issue time-limited or conditional permits. This rule issued 41 NWPs.[1]

    Summary of the rule

    The following is a summary of the rule from the rule's entry in the Federal Register:

    “ Nationwide Permits (NWPs) authorize certain activities under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 that have no more than minimal individual and cumulative adverse environmental effects. In a proposed rule published in the September 15, 2020, issue of the Federal Register, the Corps proposed to reissue 52 existing NWPs and issue five new NWPs, plus the NWP general conditions and definitions. In a final rule published in the January 13, 2021, issue of the Federal Register, the Corps reissued 12 of the 52 existing NWPs and four of the five new NWPs, as well as the NWP general conditions and definitions. In this final rule, the Corps is reissuing the remaining 40 existing NWPs and issuing the remaining one new NWP. The NWP general conditions and definitions published in the January 13, 2021, issue of the Federal Register apply to the 41 NWPs reissued or issued in this final rule.[1][2] ”

    Summary of provisions

    The following is a summary of the provisions from the rule's entry in the Federal Register:[1]

    “

    This final rule reissues the 40 existing NWPs that were previously issued in the January 6, 2017, final rule (82 FR 1860) but not finalized on January 13, 2021 and issues one new NWP (NWP 59 for water reclamation and reuse facilities). This final rule does not address the 16 NWPs, general conditions, and definitions that were finalized on January 13, 2021. In response to the 2020 Proposal, the Corps received approximately 22,700 comments. Those comments relating to the January 13, 2021 final rule were addressed as part of that action; those comments relating to the NWPs in this final rule are discussed below together with the modifications made in response to those comments.

    The January 13, 2021, final rule addressed the comments received in response to the 2020 Proposal on the NWP general conditions and definitions. The NWP general conditions and definitions from the final rule published in the January 13, 2021, issue of the Federal Register apply to the NWPs published in today's final rule. The text of the NWP general conditions and definitions are provided in the January 13, 2021, final rule on pages at 86 FR 2867–2877. The 41 NWPs in today's final rule expire on March 14, 2026, the same date as the 16 NWPs published in the January 13, 2021, issue of the Federal Register expire.[2]

    		”

    Significant impact

    See also: Significant regulatory action

    Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.

    Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]


    The text of the Reissuance and Modification of Nationwide Permits rule states that OMB deemed this rule signficnat, but not economically significant:

    “

    This action is a significant regulatory action under Executive Order 12866 (58 FR 51735, October 4, 1993) that was submitted to the Office of Management and Budget (OMB) for review.

    ...

    The NWPs are not subject to this Executive Order because they are not economically significant as defined in Executive Order 12866.[2]

    		”

    Text of the rule

    The full text of the rule is available below:[1]

    See also

    External links

    Footnotes

    1. ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 Federal Register, "Reissuance and Modification of Nationwide Permits," January 23, 2024.
    2. ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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