Public Notice: Opportunity to comment on Clean Water Act Section 401 Water Quality Certification for Regional General Permit (RGP) “National Energy Emergency Activities” (SPK-2025-00011) within Indian Country in the state of Utah

Summary

The U.S. Environmental Protection Agency (EPA) received a request from the U.S. Army Corps of Engineers (USACE) for a Clean Water Act (CWA) Section 401 water quality certification (WQC) for Regional General Permit (RGP) “National Energy Emergency Activities” (SPK-2025-00011) under CWA section 404 and section 10 of the Rivers and Harbors Act of 1899. Section 401(a)(1) of the CWA requires applicants for Federal permits and licenses that may result in any discharge into waters of the United States to obtain certification or waiver from the certifying authority where the discharge would originate.

The EPA acts as the certifying authority in areas of Indian country[1] on behalf of those Tribes that have not been approved for treatment in a similar manner as a state (TAS) for CWA Section 401 water quality certification, in this case the Paiute Indian Tribe of Utah, the Skull Valley Band of Goshute Indians of Utah, the Northwestern Band of the Shoshone Nation, the Ute Mountain Ute Tribe[2], and the Ute Indian Tribe.

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 Part 121.

USACE issued a public notice for comments on the RGP “National Energy Emergency Activities” (SPK-2025-00011) on July 23, 2025; comments were accepted until August 31, 2025. This RPG will be valid for a period of five years following the date it is issued. This general permit  currently requires individual water quality certification. The proposed certification would provide a water quality certification for the RGP “National Energy Emergency Activities” (SPK-2025-00011) within Indian country in the state of Utah[3], such that individual water quality certifications would no longer be required during the permit term.  

Project Location

Waterways

Waters within Indian country in Utah associated with the Paiute Indian Tribe of Utah, the Skull Valley Band of Goshute Indians of Utah, Northwestern Band of the Shoshone Nation, Ute Mountain Ute Tribe, and the Ute Indian Tribe.

Project Description

 The purpose of this RGP is to provide an expedited process for authorizing activities in waters of the U.S. that require USACE authorization related to energy and critical minerals production, transportation, refining, and generation. This RGP is in accordance with EO 14156, Declaring a National Energy Emergency. This RGP authorizes work or structures in navigable waters of the U.S. and the permanent or temporary discharge of dredged or fill material into waters of the U.S. for activities related to the production, transportation, refining, and generation of domestic energy resources consistent with EO 14156. In accordance with 33 C.F.R § 322.2(f)(1) and 33 C.F.R § 323.2(h)(1), this RGP authorizes the activities that listed below are substantially similar in nature and cause only minimal individual and cumulative environmental impacts, when conducted under the terms and conditions of this permit. Activities covered under this RGP include, but are not limited to, the construction, expansion, modification, maintenance, and repair of:

• Mining and drilling facilities
• Electric, oil, and natural gas facilities
• Production, enrichment, and refining facilities
• Hydropower generation facilities
• Transmission pipelines
• Aerial transmission lines and poles
• Energy storage facilities, such as batteries and tanks
• Docks, piers, and terminals
• Access roads, rail lines, and canals
• Temporary construction, access, staging, and stockpile areas
• Temporary dewatering structures and fills
• Temporary return water from upland contained disposal areas

Information relating to the issuance of RGP “National Energy Emergency Activities” (SPK-2025-00011) with associated restrictions and special conditions can be found in the below Sacramento District website.

Public Comments

Submit comments as described in the “How to Comment” box at the righthand side of this webpage. The EPA must receive comments by 11:59 pm MST on January 9, 2025.

All comments received prior to the end of the comment period will be considered in the preparation of the Clean Water Action Section 401 Water Quality Certification and will be part of the administrative record. Contact Jeffrey Ullman (R8CWA401@epa.gov; 303-312-6329) to request additional information, public notice updates, submit comments or provide additional information relevant to this certification.

Notice of any extension of the comment period will be published on this page and sent to those who have requested updates.

Public Hearings

Any person may request, in writing within the comment period specified in this notice, that a public hearing be held to consider this application. If the Administrator, in his or her discretion, determines that a public hearing is appropriate or necessary, the EPA will schedule a public hearing. You may request a public hearing using the information in the “How to Comment” box on the righthand side of this webpage.

Project Applicant

Michael S. Jewell
Chief, Regulatory Division
U.S. Army Corps of Engineers (USACE), Sacramento District
(916) 557-6605
michael.s.jewell@usace.army.mil
 

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  [1] Indian country is defined in 18 U.S.C. Section 1151. Indian country in Utah generally includes (1) lands within the exterior boundaries of the following Indian reservations located within Utah: the Goshute Reservation, the Navajo Indian Reservation, the reservation lands of the Paiute Indian Tribe of Utah (Cedar Band of Paiutes, Kanosh Band of Paiutes, Koosharem Band of Paiutes, Indian Peaks Band of Paiutes, and Shivwits Band of Paiutes), the Skull Valley Indian Reservation, the Uintah and Ouray Reservation (subject to federal court decisions removing certain lands from Indian country status within the Uintah and Ouray Reservation), and the Washakie Reservation; (2) any land held in trust by the United States for an Indian Tribe (including but not limited to the Ute Mountain Ute Tribe); and (3) any other areas that are “Indian country” within the meaning of 18 U.S.C. Section 1151.

  [2] The Ute Mountain Ute Tribe has been approved by the EPA for CWA section 401 TAS for some, but not all, of Indian country lands in Utah associated with the Tribe or individual Tribal members. If needed, please contact EPA Region 8 for maps of areas for which the Ute Mountain Ute Tribe has been approved for CWA section 401 TAS. 

  [3]Except for those areas for which the Ute Mountain Ute Tribe has been approved for CWA section 401 TAS.

Applicants or Respondents