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2021 Nationwide Permits: Pre-Publication Notice

by Transect Team, on Jan 6, 2021

On January 5, the USACE released a pre-publication of the final reissue of NWPs, which reissues 12 NWPs and adds 4 new NWPs. It is expected to be published in the Federal Register before January 20, 2021, will be effective 60 days later, and will expire after 5 years. The 40 NWPs that are not addressed in this final rule remain in effect from 2017 and expire on March 18, 2022. 

Note that verifications issued under the 2017 NWPs for the 12 reissued NWPs remain valid until March 18, 2022 provided the verified activities comply with the terms and conditions of any of the 12 reissued NWPs. Activities authorized under the 2017 NWPs, but no do not qualify under any of the 12 reissued NWPs, continue to be valid for 12 months as long as those activities have commenced (i.e., are under construction) or are under contract to commence in reliance upon an NWP prior to the date on which the NWP expires (which is 59 days from the date it is published in the Federal Register). 

Notable to the energy industry is NWP 12 will be limited to Oil and Gas Pipeline Activities, NWP 57 and 58 were created to address “Electric Utility Line and Telecommunications Activities” and “Utility Line Activities for Water and Other Substances”, respectively.  This final rule accounts for some edits, clarifications, and addressing of public comments but generally the same PCN triggers and NWP thresholds remain as proposed in the draft rule published in September 2020.

Looking for more? Read the pre-publication copy of the new 2021 NWPs here

Topics:EnergyWetlandsOil & Gas