Please email all permit applications and questions electronically to PhiladelphiaDistrictRegulatory@usace.army.mil

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Philadelphia District Regulatory Branch

The Philadelphia District was established in 1866 to manage the water resources of the Delaware River Basin, and of the Atlantic Coast from New Jersey’s Manasquan Inlet to the southern boundary of Delaware. We serve more than nine million people across portions of Delaware, Maryland, New Jersey, New York and Pennsylvania.

The U.S. Army Corps of Engineers Regulatory Program began in 1890 with the responsibility of protecting and maintaining the nations navigable waterways. As a result of changing public needs and evolving policy via new laws and court decisions, protection has been extended to all waters of the United States, including many wetlands.

Contact the Regulator-of-the-Day at 215-656-6728 or email for general questions, permit status, or other requests. For Agricultural questions/inquiries, please use this email. Click here for a full listing of staff contacts. 

 

Regulatory Announcements

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 31 January 2024 – USACE launches new Regulatory Request System

USACE announces the launch of its new Regulatory Request System (RRS). RRS is designed to make the review of permit requests a transparent and efficient process for the public. RRS, currently in a beta version, provides general information on the Regulatory Program and allows the public to submit pre-application meeting requests and jurisdictional determination requests.

Additional capability is scheduled in Spring 2024. This added capability will allow users the ability to electronically submit individual and general permit applications and other necessary information, saving time and reducing the need for paper-based submissions.

RRS will streamline the permit application process and underscores USACE commitment to modernizing our application process, meeting user expectations, and providing a transparent, straightforward process for the timely review of permit requests.

Stay tuned for further updates on the full release of the RRS. Please click on the following link to access RRS: rrs.usace.army.mil

For additional information on or to provide feedback on RRS, please contact the rrs@usace.army.mil.

 8 September 2023 - EPA and the Army Issue Final Rule to Amend 2023 Rule

On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) issued a final rule to amend the final “Revised Definition of ‘Waters of the United States’” rule, published in the Federal Register on January 18, 2023. This final rule conforms the definition of “waters of the United States” to the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. Parts of the January 2023 Rule are invalid under the Supreme Court’s interpretation of the Clean Water Act in the Sackett decision. Therefore, the agencies have amended key aspects of the regulatory text to conform it to the Court’s decision. The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," published in the Federal Register and became effective today 8 September 2023. 

Where the January 2023 Rule is not enjoined, the agencies are implementing the January 2023 Rule, as amended by the conforming rule. In the jurisdictions and for the parties where the January 2023 Rule is enjoined, the agencies are interpreting the phrase “waters of the United States” consistent with the pre-2015 regulatory regime and the Supreme Court’s decision in Sackett. The below map illustrates which definition of “waters of the United States” is generally operative in each state across the country as a result of litigation challenging the 2023 Rule. The map is also available at https://www.epa.gov/wotus/definition-waters-united-states-rule-status-and-litigation-update. As the litigation continues, EPA will update the map, when possible, to reflect the most current information that is made available to the EPA and the Army.

 29 August 2023 - To Conform with Recent Supreme Court Decision, EPA and Army Amend "Waters of the United States" Rule

Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule amending the 2023 definition of “waters of the United States” to conform with the recent Supreme Court decision in Sackett v. EPA. The agencies are committed to following the law and implementing the Clean Water Act to deliver the essential protections that safeguard the nation’s waters from pollution and degradation. This action provides the clarity that is needed to advance these goals, while moving forward with infrastructure projects, economic opportunities, and agricultural activities.

More information about the final rule is available here -  NOTE: Make “here” a weblink and link to https://www.epa.gov/newsreleases/conform-recent-supreme-court-decision-epa-and-army-amend-waters-united-states-rule .

The agencies will host a public webinar on September 12, 2023 to provide updates on the definition of “waters of the United States.” For registration information, please visit EPA’s webpage for the amendments rule. The agencies also plan to host listening sessions this fall with co-regulators and stakeholders, focusing on identifying issues that may arise outside this limited rule to conform the definition of “waters of the United States” with the Sackett v. EPA decision.

Learn more about this action on EPA’s “waters of the United States” website.

 6 July 2023 – USACE Announces the Availability of the Antecedent Precipitation Tool, Version 2.0

USACE is announcing the availability of the Antecedent Precipitation Tool (APT), version 2.0.0. This new version of the APT contains additional functionalities (see list below), to include the incorporation of a newly developed gridded daily precipitation dataset from the National Oceanic and Atmospheric Administration (NOAA) National Centers for Environmental Information (NCEI).

  • Full integration of the NOAA U.S. Daily Gridded Precipitation Data (nClimGrid-Daily; https://www.ncei.noaa.gov/thredds/in_situ/nclimgrid-daily.html) and its associated station count data (https://www.ncei.noaa.gov/thredds/in_situ/nclimgrid-daily-auxiliary.html).
  • Updated user and technical guide to reflect incorporation of the nClimGrid-Daily data into the APT.
  • Addressed issue with batch processing that was limiting the use of appropriate station data during station-based APT analyses.
  • Addressed issue with sizing of station table in pdf outputs when using large numbers of stations in a station-based APT analysis.
  • Addressed issue with interpolation algorithm that fills data gaps in a station-based APT analysis.
  • Reconnected to new WebWIMP data service.

This new data- the U.S. Climate Gridded Dataset-Daily (nClimGrid-Daily) precipitation dataset- will be useful for instances in which there are not enough suitable weather stations to perform the APT analysis due to poor weather station coverage or instances in which multiple nearby weather stations are missing the same periods of precipitation. This dataset may also be useful when the primary station is further away from the observation point than the dimensions of the grid cell (e.g., if the primary station is 40 miles from the observation point).

Users of the APT version 1.0.23 should download the new APT version 2.0.0 because version 2.0.0 also provides fixes to several bugs in the traditional APT station-based analysis.

USACE is also announcing the release of a new user guide for APT 2.0.0, which serves as both a user guide and the technical documentation for the APT, including its inputs, outputs, analyses, common errors, and troubleshooting tips.

LINK TO APT (VERSION 2.0.0) USER GUIDE: https://erdc-library.erdc.dren.mil/jspui/bitstream/11681/47189/3/ERDC-TN%20WRAP-23-2.pdf
LINK TO DOWNLOAD APT (VERSION 2.0.0): https://github.com/erdc/Antecedent-Precipitation-Tool/releases/tag/v2.0.0

NOTE: Users should utilize the following steps to ensure successful download and use of the APT.

  1. Download the "Antecedent.Precipitation.Tool.7z" file from the link above.
  2. Extract the “Antecedent Precipitation Tool” folder from the 7z file. We recommend creating a stand-alone “APT” folder on your C: drive (e.g., C:\APT), and extracting the “Antecedent Precipitation Tool” folder into that folder on the C: drive.
  3. Run the file main_ex.exe within the “Antecedent Precipitation Tool” folder to begin the installation process. Running the executable will also create an Antecedent Precipitation Tool.lnk file on your Desktop that you can now use as a Desktop shortcut

The APT may be used to accelerate USACE decision-making time by automating and augmenting the requirement of the Regional Supplements to the Corps of Engineers Wetland Delineation Manual (Regional Supplements) when evaluating precipitation and other climatic variables associated with 1) difficult wetland situations (see Chapter 5 of the Regional Supplements) or 2) the assessment of certain wetland hydrology indicators (e.g., saturation or inundation visible on aerial imagery or dry-season water table). The APT also has utility in evaluating precipitation normalcy for site visits, when reviewing wetland determination data forms, or when collecting, observing, or evaluating streamflow duration information or data.

To report errors or issues with the APT, please email apt-report-issue@usace.army.mil.

 27 June 2023 - UPDATE Supreme Court Ruling in Sackett v. Environmental Protection Agency

The Environmental Protection Agency and the U.S. Department of the Army (agencies) are in receipt of the U.S. Supreme Court's May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies are interpreting the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies are developing a rule to amend the final "Revised Definition of 'Waters of the United States'" rule, published in the Federal Register on January 18, 2023, consistent with the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. The agencies intend to issue a final rule by September 1, 2023.

 12 May 2023 - Definition of "Waters of the United States": Rule Status and Litigation Update

On December 30, 2022, the Environmental Protection Agency and the U.S. Department of the Army ("the agencies") announced the final "Revised Definition of 'Waters of the United States'" rule. On January 18, 2023, the rule was published in the Federal Register, and the rule took effect on March 20, 2023. However, as a result of ongoing litigation, the agencies are interpreting "waters of the United States" consistent with the pre-2015 regulatory regime in 27 States until further notice. See note below. The agencies developed the 2023 Rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. This rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth. More information about the final rule is available here.

On March 19, 2023, a district court judge for the Southern District of Texas issued an order preliminarily enjoining in Idaho and Texas the 2023 Rule issued by EPA and the Department of the Army defining “waters of the United States.” On April 12, 2023, a district court judge in North Dakota issued an order preliminarily enjoining in 24 States the 2023 rule issued by EPA and the Department of the Army defining “waters of the United States.” These States include Alabama, Alaska, Arkansas, Florida, Georgia, Iowa, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming.  

Note: On May 10, 2023, the U.S. Court of Appeals for the Sixth Circuit issued an order granting the motions of Kentucky and plaintiffs-appellants for an injunction pending appeal of the district court's decision. Commonwealth of Kentucky v. EPA (No. 23-5343) and Kentucky Chamber of Commerce, et al. v. EPA (No. 23-5345). In light of this injunction, the agencies will interpret "waters of the United States" consistent with the pre-2015 regulatory regime in Kentucky and for the plaintiff-appellants and their members in this litigation (Kentucky Chamber of Commerce, U.S. Chamber of Commerce, Associated General Contractors of Kentucky, Home Builders Association of Kentucky, Portland Cement Association, and Georgia Chamber of Commerce) until further notice.

The agencies are reviewing these decisions and their options. The agencies continue to believe the rule, which is informed by the text of the relevant provisions of the Clean Water Act and the statute as a whole, as well as the scientific record, relevant Supreme Court case law, input from public comment, and the agencies’ experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining "waters of the United States," is the best interpretation of the Clean Water Act.

The agencies remain committed to establishing and implementing a durable definition of “waters of the United States” informed by diverse perspectives. Our goal is to protect public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and industries that depend on clean water.

If a state, Tribe, or an entity has specific questions about a pending jurisdictional determination or permit, please contact a local U.S. Army Corps of Engineers District office or the EPA.

EPA is providing the below map for informational purposes only to illustrate which definition of “waters of the United States” is generally operative in each state across the country as a result of litigation, and it cannot be relied on for specific determinations or other legal purposes. As the litigation continues, EPA will update the map, when possible, to reflect the most current information that is made available to the EPA and the Army.

 20 March 2023 - Final Revised Definition of "Waters of the United States" Becomes Effective

On 20 March 2023, the final "Revised Definition of 'Waters of the United States'" rule (the “2023 Rule”) became effective. The 2023 Rule is operative in all U.S. jurisdictions except the states of Idaho and Texas.

The U.S. Department of the Army and U.S. EPA (“the agencies”) final rule establishes a clear and reasonable definition of “waters of the United States” and reduces the uncertainty from constantly changing regulatory definitions that has harmed communities and our nation’s waters.

The agencies developed the 2023 Rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. The 2023 Rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth.

Until further notice, federal Clean Water Act jurisdiction in Idaho and Texas will continue to be determined under the pre-2015 regulatory regime. The pre-2015 regulatory regime refers to the Corps’ 1986 definition of “waters of the United States,” implemented consistent with relevant case law and longstanding practice, as informed by applicable guidance, training, and experience. This includes the 2003 SWANCC and 2008 Rapanos guidance documents.

If a state, tribe, or an entity has specific questions about a pending jurisdictional determination or permit, please contact a local U.S. Army Corps of Engineers District office (see https://regulatory.ops.usace.army.mil/offices/) or EPA at cwaWOTUS@epa.gov.

More information about the final rule is available at: https://www.epa.gov/wotus/revising-definition-waters-united-states.

 September 25, 2023 - Joint Public Notice Regarding Tropical Storm Ophelia Damages

USACE Baltimore, Philadelphia, and Pittsburgh Districts issued a joint public notice is to inform the public that repairs of damage to public and private property caused by Tropical Cyclone 16/Tropical Storm Ophelia and associated flooding and weather conditions, may be authorized, subject to the procedures described below in Maryland, the District of Columbia, certain military installations in Northern Virginia, and Pennsylvania. See Public Notice for more details. 

 December 1 2022 - The U.S. Army Corps of Engineers (USACE) and the U.S. Environmental Protection Agency (EPA) jointly announce the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual) and are soliciting public comments on this Interim Draft.

The U.S. Army Corps of Engineers (USACE) and the U.S. Environmental Protection Agency (EPA) jointly announce the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual) and are soliciting public comments on this Interim Draft. The full Public Notice (with links to documents) is available here. 

 October 4, 2022 - Modification to USACE Philadelphia District’s final Section 401 Water Quality Certification and Section 307 Coastal Zone Management Act regional conditions in the State of Maryland for the 16 final 2021 Nationwide Permits

The purpose of this special public notice is to inform the public of the modification to Philadelphia District’s final Section 401 Water Quality Certification and Section 307 Coastal Zone Management Act regional conditions in the State of Maryland for the 16 final 2021 Nationwide Permits published in the Federal Register (86 FR 2744) on January 13, 2021. The Philadelphia District is announcing modifications to the Philadelphia District’s CZM and WQC Status Table for the 16 final 2021 NWPs 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, 52, 55, 56, 57, and 58 to incorporate the modified WQC and CZMA issued by the State of Maryland. These modifications are necessary to provide efficient regulatory reviews and to further ensure that these 16 final 2021 NWPs authorize only those activities with no more than minimal adverse environmental effects. All other regional conditions for the 16 final 2021 NWPs for the State of Maryland within the Philadelphia District area of responsibility announced in Special Public Notice dated 08 March 2021 remain valid. The Philadelphia District has posted a complete copy of the final, modified 2021 NWPs CZM and WQC Status Table at: https://www.nap.usace.army.mil/Missions/Regulatory/Permits/NWP.aspx

 Feb 11, 2022 2021 Nationwide Permit Reissuance 

2021 Nationwide Permit Reissuance: on Feb. 11, 2022, the U.S. Army Corps of Engineers, Philadelphia District, announced the issuance of Regional Conditions for the remaining 40 previous existing nationwide permits (NWPs) and one new NWP. These 41 NWPs and their regional conditions will go into effect on February 25, 2022, with the previously issued 16 NWPs and their regional conditions covered in the January 2021 final rule (86 FR 2744) remaining in effect. The expiration date for the 52 reissued NWPs and the five new NWPs issued in the January 2021 and December 2021 final rules is March 14, 2026. More information on the 2021 NWPs can be found at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/.

 January 2022 – Navigable Waters Protection Rule Vacatur

January 2022 – Navigable Waters Protection Rule Vacatur - The Environmental Protection Agency and U.S. Army Corps of Engineers (“the agencies”) are in receipt of the U.S. District Court for the District of Arizona’s August 30, 2021, order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. U.S. Environmental Protection Agency. In light of this order, the agencies have halted implementation of the Navigable Waters Protection Rule (“NWPR”) nationwide and are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime until further notice. The agencies are working expeditiously to move forward with the rulemakings announced on June 9, 2021, in order to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth. The agencies remain committed to crafting a durable definition of “waters of the United States” that is informed by diverse perspectives and based on an inclusive foundation

On November 18, 2021, the agencies announced the signing of a proposed rule to revise the definition of “waters of the United States.” This proposal marks a key milestone in the regulatory process announced in June 2021. The agencies propose to put back into place the pre-2015 definition of “waters of the United States,” updated to reflect consideration of Supreme Court decisions. This familiar approach would support a stable implementation of “waters of the United States” while the agencies continue to consult with states, tribes, local governments, and a broad array of stakeholders in both the current implementation and future regulatory actions.

A durable definition of “waters of the United States” is essential to ensuring clean and safe water in all communities—supporting human health, animal habitat, agriculture, watersheds, flood management, local economies, and industry. This rulemaking process follows a review conducted by the agencies as directed by the January 20, 2021 Executive Order 13990 on “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.”

Further details about the agencies’ plans, including information regarding the upcoming public meetings and proposed rule docket, can be found here.

An approved jurisdictional determination (“AJD”) is a document provided by the Corps stating the presence or absence of “waters of the United States” on a parcel or a written statement and map identifying the limits of “waters of the United States” on a parcel. See 33 C.F.R. § 331.2. Under existing Corps’ policy, AJDs are generally valid for five years unless new information warrants revision prior to the expiration date. See U.S. Army Corps of Engineers, Regulatory Guidance Letter No. 05–02, § 1(a), p. 1 (June 2005) Regulatory Guidance Letter No. 05–02.  

As a general matter, the agencies’ actions are governed by the definition of “waters of the United States” that is in effect at the time the Corps completes an AJD, not by the date of the request for an AJD. AJDs completed prior to the court’s decision and not associated with a permit action (also known as “stand-alone” AJDs under RGL 16-01) will not be reopened until their expiration date, unless one of the criteria for revision is met under RGL 05-02. A NWPR AJD could also be reopened if the recipient of such an AJD requests a new AJD be provided pursuant to the pre-2015 regulatory regime. In that case, the Corps will honor such request recognizing that if the recipient of a NWPR AJD intends to discharge into waters identified as non-jurisdictional under the NWPR but which may be jurisdictional under the pre-2015 regulatory regime, such recipient may want to discuss their options with the Corps. AJD requests pending on, or received after, the Arizona court’s vacatur decision will be completed consistent with the pre-2015 regulatory regime. 

As the agencies’ actions are governed by the regulatory definition at the time of the action, permit decisions made prior to the court’s decision that relied on a NWPR AJD will not be reconsidered in response to the NWPR vacatur. Permit decisions may be modified, suspended, or revoked per 33 C.F.R. § 325.7 where the regulatory criteria are met. The Corps will not rely on an AJD issued under the NWPR (a “NWPR AJD”) in making a new permit decision. The Corps will make new permit decisions pursuant to the currently applicable regulatory regime (i.e., the pre-2015 regulatory regime). Therefore, for any currently pending permit action that relies on a NWPR AJD, or for any future permit application received that intends to rely on a NWPR AJD for purposes of permit processing, the Corps will discuss with the applicant, as detailed in RGL 16-01, whether the applicant would like to receive a new AJD completed under the pre-2015 regulatory regime to continue their permit processing or whether the applicant would like to proceed in reliance on a preliminary JD or no JD whatsoever.

 November 18, 2021 -  Announcement of signing of proposed rule to revise definition of “waters of the United States

November 18, 2021 -  the U.S. Environmental Protection Agency and the Department of the Army (“the agencies”) announced the signing of a proposed rule to revise the definition of “waters of the United States.” This proposal marks a key milestone in the regulatory process announced in June of 2021. The agencies propose to put back into place the pre-2015 definition of “waters of the United States,” updated to reflect consideration of Supreme Court decisions. This familiar approach to “waters of the United States” would support a stable implementation of “waters of the United States” while the agencies continue to consult with states, Tribes, local governments, and a broad array of stakeholders in both the implementation of WOTUS and future regulatory actions: https://www.usace.army.mil/Media/Announcements/Article/2875870/18-november-2021-epa-army-announce-signing-of-proposed-rule-to-revise-the-defin/

 November 17, 2021 - Rescinding memorandum “U.S. Environmental Protection Agency and U.S. Army Corps of Engineers Process for Elevating and Coordinating Specific Draft Determinations under the Clean Water Act” 

November 17, 2021 - After careful consideration, the U.S. Environmental Protection Agency and the Department of the Army have rescinded the memorandum “U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) Process for Elevating and Coordinating Specific Draft Determinations under the Clean Water Act (CWA),” signed by EPA on June 26, 2020 and Army on June 30, 2020. The memorandum established a process by which the Corps and EPA (together, the agencies) intended to elevate to their headquarters for coordination certain case-specific and stand-alone CWA determinations under paragraph (a)(1) of the Navigable Waters Protection Rule (NWPR). The NWPR did not change the definition of traditional navigable waters and retained the agencies’ longstanding “guidance on determining whether a water is a ‘traditional navigable water’ for purposes of the Rapanos Guidance, the Clean Water Act (CWA), and the agencies’ CWA implementing regulations.” However, by establishing new procedures for one category of traditional navigable waters, the 2020 elevation memorandum created an unnecessary extra step for making traditional navigable waters determinations that the agencies have been making for many years. Therefore, the agencies are rescinding that memorandum, and retaining their legal memorandum on traditional navigable waters, which has remained unchanged since 2007. The legal memorandum, “Legal Definition of ‘Traditional Navigable Waters,’” can be found at https://www.epa.gov/wotus/legal-definition-traditional-navigable-waters.”

 June 25, 2021 – Issuance of the Pennsylvania State Programmatic General Permit – 6

June 25, 2021 – Issuance of the Pennsylvania State Programmatic General Permit – 6: the U.S. Army Corps of Engineers, Baltimore, Philadelphia and Pittsburgh Districts announced the issuance of the Pennsylvania State Programmatic General Permit (PASPGP-6) on June 25, 2021.  PASPGP-6 will be effective July 1, 2021, expires June 30, 2026, and replaces the PASPGP-5 streamlined review process in Pennsylvania, which expires on June 30, 2021.  To view the Public Notice click here. To view the PASPGP-6 click here. 

 20 May 2021 – 2021 Nationwide Permit Reissuance and Modification; CORRECTION

20 May 2021 – 2021 Nationwide Permit Reissuance and Modification; CORRECTION: The U.S. Army Corps of Engineers announced today a correction to the January 2021 final rule concerning the reissuance and modification of nationwide permits. A correction to the text of NWP 52 was made to address the unintended removal of text at the time of publication concerning losses greater than 1⁄2-acre of waters of the United States from discharges. More information on the 2021 NWPs and a copy of the Federal Register containing the correction to the final rule concerning NWP 52 can be found at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/

 15 March 2021 – 2021 Nationwide Permit Reissuance:

15 March 2021 – 2021 Nationwide Permit Reissuance: On March 09, 2021, the U.S. Army Corps of Engineers, Philadelphia District, announced the issuance of Regional Conditions for the 12 reissued and 4 new 2021 Nationwide Permits (NWPs) . These 16 NWPs and their Regional Conditions go into effect on March 15, 2021 and will expire on March 14, 2026. The 40 existing NWPs that were not reissued or modified by the January 13, 2021, final rule, which include their 2017 General and Regional Conditions will remain in effect through their scheduled March 18, 2022, expiration date at this time. More information on the 2021 NWPs can be found at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/

 18 May 2020 - Final 2018 National Wetland Plant List 

18 May 2020 - The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service and the U.S. Department of Agriculture Natural Resources Conservation Service, is announcing the availability of the final 2018 National Wetland Plant List (NWPL): The Federal Register Notice for the 2018 NWPL update can be found here. The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of May 18, 2020 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form.  The final NWPL is available here. State, regional, and national lists can also be downloaded from this site.

 28 Jan 2020 - NRCS and Army rescind 2005 joint memorandum 

28 Jan 2020 - NRCS and Army rescind 2005 joint memorandum: the Natural Resources Conservation Service (NRCS) and the Deputy Assistant Secretary of the Army have provided written notice to rescind the 2005 joint memorandum titled "Guidance on Conduction Wetland Determinations for the Food Security Act of 1985 and Section 404 of the Clean Water Act".  This rescission is effective immediately. This rescission does not alter the roles or responsibilities of the Agencies under their respective statutory and regulatory authorities. The Agencies will continue their practice of informing landowners that wetland delineations (performed by the Corps) and determinations (performed by the NRCS) may not be valid for FSA or CWA requirements, respectively.  The Agencies intend to issue new guidance on this topic in the near future.
    - written notice link: https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll11/id/4288

 22 October 2019 - EPA and Army Publish Rule to Repeal 2015 "Waters of the U.S." Definition

22 October 2019 - EPA and Army Publish Rule to Repeal 2015 "Waters of the U.S." Definition The Environmental Protection Agency and Department of the Army have published a rule to repeal the 2015 Clean Water Rule and re-codify the regulatory text defining "waters of the United States" (WOTUS) that existed prior to 2015.  The rule is available on the Federal Register.  The rule will become effective on December 23, 2019.  On this date, the agencies will implement the pre-2015 Rule regulations informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding agency practice.  More information.
-Federal Register link : https://www.federalregister.gov/documents/2019/10/22/2019-20550/definition-of-waters-of-the-united-states-recodification-of-pre-existing-rules
-More information link: https://www.epa.gov/nwpr

 14 February 2019 - EPA and Army publish proposed revised "waters of the United States" definition

14 February 2019 - EPA and Army publish proposed revised "waters of the United States" definition - the U.S. Environmental Protection Agency (EPA) and the Department of the Army announced today the publishing in the Federal Register of the proposed new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act.  The notice is available at https://www.federalregister.gov/documents/2019/02/14/2019-00791/revised-definition-of-waters-of-the-united-states. The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The publishing of the proposal and outreach efforts were delayed due to the lapse in appropriations for EPA. Today's notice begins a 60-day public comment period that will close on April 15, 2019. EPA and the Army will hold an informational webcast on February 14, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on February 27-28, 2019. Information, including supporting analyses and fact sheets, are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule 

 7 January 2019 EPA and Army Postpone Public Hearing on Proposed New "Waters of the United States" Definition

EPA and Army Postpone Public Hearing on Proposed New "Waters of the United States" Definition Due to the lapse in appropriations for the U.S. Environmental Protection Agency (EPA), EPA and the Department of the Army (Army) have postponed the planned January 23 public hearing on the proposed new "Waters of the United States" definition until after appropriations have passed to fund the EPA. Publication of the proposed rule in the Federal Register is also postponed. Information on the status of the public hearing will be posted on the EPA website at https://www.epa.gov/wotus-rule/epa-and-army-postpone-public-hearing-proposed-new-waters-united-states-definition 

 11 December 2018 - EPA and Army Propose New "Waters of the United States" Definition

The U.S. Environmental Protection Agency and the Department of the Army have proposed a new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act.  The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule."  The agencies will take comment on the proposal for 60 days after publication in the Federal Register. EPA and the Army will also hold an informational webcast on January 10, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on January 23, 2019.  More information including a pre-publication version of the Federal Register notice, the supporting analyses and fact sheets are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule