Public Notice: Clean Water Act Section 401 water quality certification request for the 2026 Nationwide Permits for Lands of Exclusive Federal Jurisdiction in Kentucky.

Summary

R4 EPA has received a request for CWA Section 401 water quality certification for the 2026 Nationwide Permits from the Louisville District of the Army Corps of Engineers. Clean Water Act (CWA) 401 certification is required for any federal license or permit issued that may result in a discharge of dredged or fill material into waters of the United States. Where no state or Tribe has authority to give such certification, the U.S. Environmental Protection Agency is the certifying authority. 33 U.S.C. 1341(a)(1). As such, EPA R4 is the certifying authority for Lands of Exclusive Jurisdiction for the proposed reissuance of the Army Corps 2026 Nationwide Permits.  EPA is providing the opportunity for public comment on the certification request for the proposed reissuance.

Applicants or Respondents