The 2012 Nationwide permits went into effect March 19, 2012.   They will expire March 18, 2017.  States and tribes (including tribes where EPA maintains 401 certification authority) issue 401 certification of the nationwide permits every five years to ensure that they are in compliance with state/tribal water quality standards and other requirements. Under Section 401 of the Clean Water Act states and tribes  have the ability to certify, deny, condition or waive nationwide permits.  Below is a list of 401 certifications issued for the 2012 natiionwide permits.  In some states nationwide permits have been wholly or partially revoked and replaced with a general permit.  These are also issued for 5 years, but start and end on dates different from the nationwide permits.  These are included in the list below as well.  More information about Section 401 Certification can be found in the 401 certification webpages of the Association of State Wetland Managers website here.  

States

Connecticut:

Corp Public Notice revoking New England Nationwides

Connecticut General Permit (expires July 15, 2016)

Delaware

Idaho

Indiana

Kentucky

Louisiana

Maine:

Corp Public Notice revoking New England Nationwides

Maine General Permit (expires October 12, 2015)

Massachusetts:

Corp Public Notice revoking New England Nationwides

Massachusetts General Permit (expires January 20, 2015)

Missouri

2012 General and Specific Conditions

Montana

Nebraska

New Hampshire:

Corp Public Notice revoking New England Nationwides

New Hampshire General Permit (expires June 28, 2012)

New Mexico

North Carolina

Oklahoma

Rhode Island:

Corp Public Notice revoking New England Nationwides   

Rhode Island General Permit (expires February 22, 2017)

Tennessee

Vermont:

Corp Public Notice revoking New England Nationwides  

Vermont General Permit (expires December 5, 2012)

Virginia

Washington

Tribes

401 Certification for Tribes without Treatment as a State (TAS) standing in EPA Region 8 (Montana, North Dakota, South Dakota, Wyoming, Colorado and Utah)

Letter to Sacramento District

Letter to Albuquerque District

Letter to Omaha District

ASWM January 2012

Section 401 of the federal Clean Water Act provides states with the authority to ensure that federal agencies will not issue permits or licenses that violate the water quality standards, or other applicable authorities, of a state or tribe through a process known as water quality certification.  The importance of Section 401 certification in assuring states continued control over their aquatic resources has been well established. During 2010 and 2011, the Association of State Wetland Managers (ASWM) undertook an assessment of a number of representative state wetland programs that rely on Section 401 in their dredge and fill permit programs – that is, in evaluation of permits issued by the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act, as well as other federal permits such as FERC hydropower licenses.  The goal of this assessment was to shed light on the effectiveness of state Section 401 programs, barriers to the full use of this authority, and practices that exemplify the most effective use of Section 401. To read the full report, Section 401 Certification Best Practices in Dredge and Fill Permit Programs, click here.