Notification Regarding Input on EPA's Clean Water Act (CWA) Section 401 Water Quality Certification:

Notification Regarding Input on EPA's Clean Water Act (CWA) Section 401 Water Quality Certification:

In a recent USACE Public Notice, the proposed revisions to the Army Rhode Island General Permits (GPs) are open for public comment. These GPs cover activities subject to Corps jurisdiction in waters of the U.S., including wetlands and navigable waters within Rhode Island and adjacent ocean waters.

The EPA is requesting public comments on its pending Clean Water Act Section 401 Certification decision for the USACE New England District's proposed revision of the Army Rhode Island General Permits for Tribal Lands in Rhode Island. The CWA section 401 certifying authority for this proposal is EPA Region 1.

To submit your comments, follow these steps:

1. Locate the specific public notice or docket related to the Section 401 certification decision. For EPA actions, public comments are typically submitted to a docket on the Regulations.gov website using a unique Docket ID number.
2. Review the public notice for comment submission details, including deadlines, docket number, and submission methods.
3. Prepare your written comments addressing the criteria or issues raised in the public notice.
4. Submit comments online at Regulations.gov, entering the relevant docket ID and following the website prompts to upload your submission. Comments may also sometimes be accepted via postal mail or email if specified in the notice.
5. Participate in any scheduled public listening sessions or webinars that EPA might host to gather stakeholder feedback.

For the specific New England District’s proposed revisions, check the EPA New England regional office website or the USACE New England District site for any posted notices or dockets related to this proposal. Look for a Federal Register notice or EPA public announcement with a docket number for commenting.

The subject line for email submissions should be "2026 RI GPs - 401 comments." If unable to submit electronically or needing assistance, contact Haley Miller at (617) 918-1169.

Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make.

Do not submit Confidential Business Information. The USACE New England District's request for a CWA section 401 certification decision on its proposed 2025 revisions to the Rhode Island GPs is specific to the USACE New England District.

The proposed revisions include a list of 21 Regional General Permits (GPs) for activities in Rhode Island. NWPs are a type of general permit issued by USACE authorizing certain activities under the CWA Section 404 and Rivers and Harbors Act Section 10.

The EPA will make a decision on the certification request by either granting certification, granting certification with conditions, denying certification, or expressly waiving certification consistent with the Clean Water Act and the EPA’s implementing regulations. Comments for the U.S. Army Corps of Engineers New England District's proposed revision of the Rhode Island General Permits are due by close of business or electronically marked by midnight on September 13, 2025.

For more information, contact Haley Miller at (617) 918-1169 or visit the New England District's website. The public notice of the proposed revisions to Rhode Island GPs was published by USACE on January 6, 2025. Comments can be submitted via email to Haley Miller at R1CWA401@our website.

The EPA’s CWA Section 401 outreach page provides general guidance about submitting feedback, upcoming engagement opportunities, and past webinars that can help stakeholders understand the certification process and how to engage effectively.

[1] EPA's CWA Section 401 outreach page: https://www.epa.gov/cwa-section-401/section-401-outreach [2] EPA's 401 certification process: https://www.epa.gov/wetlands/clean-water-act-section-401-certification-process

1. The Army Rhode Island General Permits (GPs) revision, which includes activities in both land and waters, is being reviewed by the EPA, focusing particularly on Tribal Lands in Rhode Island under the Clean Water Act Section 401.
2. Public comments are essential for the EPA's decision regarding the USACE New England District's proposed revisions; these comments can be submitted through the Regulations.gov website, ensuring to follow the specific public notice for comment submission details.
3. The proposed revisions include the authorization of certain activities under the Clean Water Act Section 404 and Rivers and Harbors Act Section 10 (NWPs), which may have an impact on the environment, renewable energy, and climate-change measures within the industry.
4. By September 13, 2025, stakeholders are encouraged to submit their comments via email to Haley Miller, as the EPA will make its decision based on these contributions, considering environmental and financial aspects in the context of energy and science.

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