Public Notice: Clean Water Act Section 401 Water Quality Certification for those Tribes That Have Not Received Treatment in a Similar Manner as a State for the Proposed 2026 U.S. Army Corps of Engineers Clean Water Act Section 404 Nationwide Permits
Summary
Opportunity to comment on Clean Water Act (CWA) Section 401 Water Quality Certification (WQC) for those Tribes in Texas That Have Not Received Treatment in a Similar Manner as a State (TAS) for the 2026 U.S. Army Corps of Engineers (Corps) CWA Section 404 Nationwide Permits (NWPs) Reissuance. Nationwide permits are a type of general permit issued by Corps designed to streamline the permitting process for activities having minimal impacts to jurisdictional Waters of the United States. Activities can be authorized under a NWP only if that activity and the permittee satisfy all the NWP terms and conditions, including regional conditions. EPA is the certifying authority for those tribes without TAS for CWA Section 401. Corps Galveston District (lead district) has requested 401 WQC for NWPs in Texas. Corps Fort Worth, Tulsa, and Albuquerque Districts are also represented in this request.
The current set of NWPs were published in 2021 and are set to expire in 2026. NWPs can be issued for a period of no more than 5 years (33 U.S.C. 1344(e)(2)), and the Corps has the authority to modify or revoke the NWPs before they expire. The Proposal to Reissue and Modify Nationwide Permits was published in the Federal Register on June 18, 2025. It includes proposed modifications intended to provide additional consistency and clarity and reduce burdens on the regulated public. Attached to this notice are a 1) proposed 2026 NWP summary chart, and 2) redline comparison between the final 2021 and proposed 2026 NWPs. Corps Galveston District has issued proposed regional conditions for Texas; they can be found at https://www.swg.usace.army.mil/Media/Public-Notices/Article/4220234/nationwide-permit-renewal-and-tx-regional-conditions/
As the certifying authority for those tribes without TAS, the EPA will have to act on this certification request by either: (1) granting certification; (2) granting certification with conditions; (3) denying certification; or (4) expressly waiving certification. Failure to act on the request will result in a waiver. EPA will consider all comments received prior to making a decision on the request for section 401 certification. The deadline for this opportunity to comment is September 1, 2025.
Applicants or Respondents
United States