Public Notice: Opportunity to Comment on EPA's Clean Water Act (CWA) Section 401 Water Quality Certification for Tribal Lands in Rhode Island for the proposed 2025 Department of the Army Rhode Island General Permits (USACE Permit Application No. NAE-2021-03216)
Summary
On January 6, 2025, the U.S. Army Corps of Engineers New England District proposed to issue revised Department of the Army Rhode Island Regional General Permits (Rhode Island GPs). This public notice is 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 July 21, 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 revised Rhode Island GPs on behalf of Tribal Lands in Rhode Island.
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 Rhode Island, 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 revised Rhode Island GPs for Tribal Lands in Rhode Island.
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 Rhode Island
CWA section 401 certifying authority: EPA Region 1
Supplemental Information
On January 6, 2025, USACE published a public notice of the proposed revisions to Rhode Island GPs, which includes a proposed list of 21 Regional General Permits (GPs) for activities in Rhode Island subject to Corps jurisdiction in waters of the U.S., including wetlands; and navigable waters within the State of Rhode Island 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."
More broadly, the USACE New England District is proposing to issue Nationwide Permits (NWPs) in 2026 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 proposed 2025 revisions to Department of the Army Rhode Island General Permits.
Information about the proposed Department of the Army Rhode Island GPs are provided in the following USACE Public Notice: