The American Public Power Association on July 18 filed comments in response to the U.S. Army Corps of Engineers’ proposal to modify and reissue the Nationwide Permits (NWP).
APPA's comments generally express support for the proposal, which seeks to reissue the NWPs in substantially the same form as the 2021 NWPs and make recommendations.
APPA said it:
- Supports clarifying the Notes for NWP 12 (Oil or Natural Gas Pipeline Activities), NWP 52 (Water-Based Renewable Energy Generation Pilot Projects), NWP 57 (Electric Utility Line and Telecommunications Activities), and NWP 58 (Utility Line Activities for Water and Other Substances) and recommend modifying Note 1 to add a one-year deadline to submit final construction documents;
- Supports the Corps retaining its “no effects” decision, meaning the reissuance of NWP will have no effect on listed species or designated critical habitat, and Endangered Species Act section 7 compliance is realized through general condition (GC) 18 (Endangered Species), as appropriate;
- Believes the Corps' National Environmental Policy Act analysis, that “minimal cumulative adverse effects on the environment” are limited to activities under the Corps' authority, and are consistent with the revised framework and legal precedents;
- Recommended including a provision in GC 11 (Equipment) to allow for restoration requirements to be minimized or waived if the district engineer determines that such an area is likely to recover naturally within a reasonable timeframe; and
- Supports the publication of approved categorical exclusions in the Federal Register.
The NWP program provides essential support for critical activities such as building and maintaining energy infrastructure, as recognized by the Administration. President Trump's recent Executive Orders demonstrate strong support for streamlining federal energy permitting processes.
