Public Notice: Opportunity to Comment on EPA's Clean Water Act (CWA) Section 401 Water Quality Certification for Tribal Lands in Maine for the proposed 2025 Department of the Army Maine General Permits (USACE Permit Application No. NAE-2025-00485)
Summary
On June 12, 2025, the U.S. Army Corps of Engineers New England District proposed the Department of the Army Maine Regional General Permits (Maine GPs). They are available on the New England District's website.
Section 401(a)(1) of the Clean Water Act (CWA) requires applicants for federal licenses or permits that may result in any discharge into waters of the United States to obtain certification or waiver from the certifying authority of the State or Tribe where the discharge would occur. On June 13, 2025, the U.S. Army Corps of Engineers (USACE) New England District requested that EPA provide a CWA section 401 water quality certification for the Maine GPs on behalf of Tribal Lands in Maine.
The EPA acts as the CWA section 401 certifying authority for federally permitted activities on Tribal Lands on behalf of those Tribal Nations that have not received treatment in a similar manner as a state (TAS) for Clean Water Act purposes. As the CWA section 401 certifying authority for Tribal Lands in Maine, EPA will issue a decision on the certification request and will determine whether discharges from a certified project may affect water quality in neighboring jurisdictions. EPA Region 1 is therefore requesting public comments on its pending CWA section 401 Certification decision for the USACE New England District's proposed Department of the Army Maine GPs for Tribal Lands in Maine.
The EPA will act on this certification request by either: (1) granting certification; (2) granting certification with conditions; (3) denying certification; or (4) expressly waiving certification consistent with CWA section 401 and the EPA's implementing regulations at 40 CFR 121. Learn more information about the EPA's 401 certification process here.
Applicants or Respondents
CWA section 401 Certification Applicant name: USACE-New England District (Department of the Army)
Federal Permitting Authority: USACE-New England District (Department of the Army)
Location: Discharge in waters of Tribal Lands in Maine
CWA section 401 certifying authority: EPA Region 1
Supplemental Information
On June 12, 2025, USACE published special public notice (pdf) of the proposed Maine GPs, which includes a proposed list of 37 Regional General Permits (GPs) (pdf) for activities in Maine subject to Corps jurisdiction in waters of the U.S., including wetlands; and navigable waters within the State of Maine and adjacent ocean waters to the seaward limit of the outer continental shelf. USACE issues GPs authorizing certain activities under the CWA Section 404 (discharges of dredged or fill material) and Rivers and Harbors Act Section 10 (structures or work in navigable waters) "that will result in no more than minimal individual and cumulative adverse environmental effects." The GPs are historically reissued every five years. The current set of Maine GPs is set to expire in October 2025.
More broadly, the USACE New England District is proposing GPs for activities in New England states that are similar to separate proposed Nationwide Permits (NWPs) that other USACE Districts use in other states. NWPs are a type of general permit issued by USACE authorizing certain activities under the CWA Section 404 (discharges of dredged or fill material) and Rivers and Harbors Act Section 10 (structures or work in navigable waters) "that will result in no more than minimal individual and cumulative adverse environmental effects." While USACE may issue NWPs that would apply in New England states in the future, this notice applies only to the USACE New England District’s request that EPA provide a CWA section 401 certification decision on its June 12, 2025 proposed Department of the Army Maine General Permits.
Information about the proposed Department of the Army Maine GPs are provided in the following USACE Public Notice: