6 January 2025 - Public Notices Module Now Available - Enhances RRS Functionality!
The U.S. Army Corps of Engineers (USACE) is excited to announce the launch of the Public Notice module on the Regulatory Request System (RRS). Released in January 2025, this new feature allows users nationwide to search, review, and comment on projects being reviewed by the Regulatory Program, significantly enhancing transparency, accessibility, and efficiency. The Public Notice module provides access to Regulatory projects requiring a standard permit or when public notices are issued to develop Mitigation Banks, In-lieu Fee Programs or to issue/reissue a Regional or Programmatic Permit or Section 404 Letter of Permission. It organizes notices by state and district, which can be viewed in a table format or on an interactive map. Users can easily search for notices by project name or address and submit comments directly through the platform, streamlining public engagement and reinforcing USACE's commitment to improving transparency and the permitting process.
The RRS is a web-based platform, currently in its beta version, designed to simplify the permitting process and enhance user experience. In addition to the new Public Notice Module, RRS enables users to submit permit applications, request jurisdictional determinations, and schedule pre-application meetings, all through a user-friendly interface.
We encourage you to explore the Regulatory Request System and its new features by visiting rrs.usace.army.mil. For additional information or to provide feedback, please contact us at rrs@usace.army.mil.
27 November 2024 - Availability of New and Updated Engineer (ENG) Forms for the USACE Regulatory Program
The U.S. Army Corps of Engineers (USACE) announces the availability of new and updated Engineer (ENG) forms for use in our delivery of the USACE Regulatory Program. These new and updated forms are designed to efficiently and effectively collect information needed to implement our Regulatory Program.
Practitioners and the public can access USACE’s Regulatory ENG forms at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Regulatory-Program-Forms/.
USACE ENG forms can also be accessed from the USACE Publications Engineer Forms website at https://www.publications.usace.army.mil/usace-publications/engineer-forms/.
Please note that most regulatory requests, such as requests for permit actions and requests for jurisdictional determinations, can now be completed online through USACE’s Regulatory Request System (RRS). We encourage users to explore and utilize the new Regulatory Request System to take advantage of its benefits and features. Visit rrs.usace.army.mil today!
15 May 2024 – Permit applications are now available in RRS!
USACE is pleased to announce that the new national online application portal and management platform, known as the Regulatory Request System (RRS) now includes an electronic submission option for permit applications. This platform has been introduced to modernize our permit application process and to address our users' expectations by providing a straightforward and transparent process for the submittal of permit requests.
RRS is a web-based platform currently in a beta version that enables users to submit pre-application meeting requests, jurisdictional determination requests, and now applications for individual and general permits. This new system aims to streamline the process, improve efficiency, and provide a more user-friendly experience for our applicants.
We believe that RRS will not only benefit our users by simplifying the application process but will also enhance our ability to effectively manage and review permit requests. We are confident that this modernization initiative will lead to improved customer satisfaction and greater overall efficiency within our Regulatory Program.
We encourage users to explore and utilize the new Regulatory Request System to take advantage of its benefits and features. Visit rrs.usace.army.mil today!
For additional information on or to provide feedback on RRS, please contact us using the following email: 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.
Now that the conforming rule has become effective, the nationwide pause on issuance of certain approved jurisdictional determinations (AJDs) is now lifted in entirety. Effective immediately, USACE districts have resumed issuance of all AJDs nationwide under the applicable regulatory regime.
Please visit EPA’s Rule Status page for additional information about the status of the January 2023 Rule, as amended, and litigation.
29 August 2023 - To Conform with Recent Supreme Court Decision, EPA and Army Amend "Waters of the United States" Rule
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.
21 April 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, in light of preliminary injunctions, the agencies are interpreting "waters of the United States" consistent with the pre-2015 regulatory regime in 26 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.
For further information on this subject you can go to https://www.usace.army.mil/Media/Announcements/Article/3371994/21-april-2023-definition-of-waters-of-the-united-states-rule-status-and-litigat/
12 April 2023 - Joint Public Notice – Notice of Availability of the Beta Streamflow Duration Assessment Method for the Northeast or Southeast
The method, data forms, and training opportunities are available at: https://www.epa.gov/streamflow-duration-assessment/beta-streamflow-duration-assessment-method-northeast-and-southeast. For additional information on the development of regional Streamflow Duration Assessment Methods for nationwide coverage, see: https://www.epa.gov/streamflow-duration-assessment.”
20 January 2023 - Army Publish 2022 National Wetland Plant List (NWPL) in Federal Register
The U.S. Army Corps of Engineers (USACE), 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 draft changes to the 2022 NWPL and its web address to solicit public comments. The public now has the opportunity to comment on the proposed changes to wetland indicator status ratings for two plant species in the Arid West region. The Federal Register Notice (FRN) for the 2022 NWPL update can be found here: 2023-01026. The public comment period ends on 21 March 2023.
The two species and their draft 2022 wetland ratings by region, as well as the FRN, can also be viewed at the NWPL homepage, https://wetland-plants.sec.usace.army.mil/, under “2022 NWPL Update Information.” A link to provide general or species-specific comments is also available at this location. Users are encouraged to submit literature citations, herbaria records, experiential references, monitoring data, and other relevant information. Specific knowledge of, or studies related to, individual species are particularly helpful. Commenters should use their regional botanical and ecological expertise, field observations, reviews of the most recent indicator status information, appropriate botanical literature, floras, herbarium specimens with notation of habitat and associated species, habit data, relevant studies, and historic list information. Providing ratings without supporting documentation or information is not recommended. All submitted comments and information will be compiled and sent to the National Panel for their consideration.
USACE is also seeking comments regarding the NWPL update process and a proposed change to update the NWPL every three years, rather than the present every two years. Detailed information on the update process, protocol, and technical issues can be found in the following documents (available on the “NWPL Publications” web page referenced above):
- Lichvar, Robert W. and Minkin, Paul. Concepts and Procedures for Updating the National Wetland Plant List. Sept 2008. ERDC/CRREL TN-08-3
- Lichvar, Robert W. and Gillrich, Jennifer J. Final Protocol for Assigning Wetland Indicator Status Ratings during National Wetland Plant List Update. Sept 2011. ERDC/CRREL TN-11-1
USACE administers the NWPL for the United States and its territories. 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. Additions or deletions to the NWPL represent new records, range extensions, nomenclatural and taxonomic changes, and newly proposed species. The latest review process began in 2022 and included review by Regional Panels and the National Panel.