Public Notice: Opportunity to Comment on EPA's Clean Water Act (CWA) Section 401 Water Quality Certification for Tribal Lands in Maine, Massachusetts, Rhode Island, and Connecticut for the proposed 2025 Department of the Army Nationwide Permits
Summary
On June 18, 2025, the U.S. Army Corps of Engineers New England District proposed the Department of the Army Nationwide Permits (NWPs). They are available on the USACE 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 18, 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 NWPs concerning Tribal Lands in Maine, Massachusetts, Rhode Island, and Connecticut. There are no federally recognized Tribes in New Hampshire or Vermont.
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, Massachusetts, Rhode Island, and Connecticut, 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 Department of the Army Nationwide Permits (NWPs) for Tribal Lands in Maine, Massachusetts, Rhode Island, and Connecticut.
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, Massachusetts, Rhode Island, and Connecticut
CWA section 401 certifying authority: EPA Region 1
Supplemental Information
On June 18, 2025, USACE published a proposed list of 57 Nationwide permits (NWPs) in the federal register. USACE issues NWPs 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 NWPs is set to expire in March 2026, though these are not currently in use in any of the six New England States. USACE envisions that once the proposed NWPs are implemented, all previous regional General Permits will be discontinued in New England States, regardless of regional General Permit expiration dates that are set beyond March 2026. A summary table for the proposed NWPs can be found here.
Corps New England District has issued proposed regional conditions for Maine, Massachusetts, Rhode Island, Connecticut, New Hampshire, and Vermont, which can be found on the New England Districts' website.
Information about the proposed Department of the Army NWPs is provided in the following USACE Public Notice: