National Water Reuse Action Plan
Completed Action

Action 2.17 Propose U.S. Army Corps of Engineers Nationwide Permit
Addressing Reuse

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Background

The U.S. Army Corps of Engineers (USACE) Regulatory
Program regulates discharges of dredged or fill
material into waters of the United States, development
of infrastructure (dams and levees), and other work
such as infill for development in and around navigable
waters of the United States. The USACE issues
individual permits for such activities under section 404
of the Clean Water Act and section 10 of the Rivers
and Harbors Act of 1899.

Also, under section 404(e) of the Clean Water Act, the USACE can
issue general, nationwide permits to authorize activities that have only minimal
individual and cumulative adverse environmental effects. A nationwide permit streamlines Department of
the Army authorization of projects such as commercial developments, utility lines, or road improvements
that have minimal impact on the nation's aquatic environment. General permits can be issued for a
period of no more than five years.

A nationwide permit is a general permit that authorizes activities across the country, unless a district or
division commander revokes the nationwide permit in a state or other geographic region. The nationwide
permits authorize approximately 40,000 activities per year that must be reported to USACE districts, as
well as approximately 30,000 activities that do not report to USACE districts. These nationwide permits
expedite review of projects that have minimal impact on the aquatic environment.

Accomplish merits/Impact

The U.S. Army Corps of Engineers published Nationwide Permit 59 that authorizes "discharges
of dredged or fill material into non-tidal waters of the United States for the construction,
expansion, and maintenance of water reclamation and reuse facilities."

NWP 59 is effective as of February 25, 2022 and expires on March 14, 2026.

The establishment of this Nationwide permit will provide clarity to and reduce permitting
timelines for the construction, expansion, and maintenance of water reclamation and reuse
facilities.

Action Team

Action Leaders

U.S. Army Corps of Engineers
(USACE)

Jennifer Moyer

f1ennifer.a.mover6.civ@mail.min

National Water Reuse Action Plan

Completed Action
Action 2.17

1

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Action Implementation Process

Post draft
nationwide permit
for public review.

Review public
comments and make
any necessary
modifications

Conduct a national scale
cumulative impact
assessment in
accordance with the
NEPA definition of
"cumulative impact" at
40CFR part 1508.7

Potential Future Activity

The permit will be reviewed and revised on a 5-year cycle. The next review will occur in 2026.

Additional Information

Nationwide Permit 59

National Water Reuse Action Plan

Completed Action
Action 2.17

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