Public Notice: Clean Water Act Section 401 Water Quality Certification Request for the Proposed General Permits 12 and 14 Reissuance by the U.S. Army Corps of Engineers, Tulsa District
Summary
This public notice is to provide an opportunity to comment on Clean Water Act (CWA) Section 401 Water Quality Certification (WQC) request for the proposed reissuance of General Permits (GP) 12 and 14 by the U.S. Army Corps of Engineers (Corps), Tulsa District. EPA acts as the certifying authority in areas of Indian country on behalf of those Tribes that have not received treatment in a similar manner as a state (TAS) for Section 401. Thirty-seven federally recognized Tribes in Oklahoma do not have TAS for Section 401; they are listed below.
The GPs would be in effect for a period of 5 years from date of reissuance, unless they are specifically modified, suspended, or revoked. Information relating to the reissuance of these GPs with associated restrictions and special conditions can be found in the below Tulsa District web addresses.
GP-12: For construction, maintenance, repair, and protection of utility lines and associated facilities (electric, water, fiber optic, natural gas, oil) within Critical Resource Waters (CRW), Sensitive Public and Private Water Supplies (SWS), and Appendix B Waters. https://www.swt.usace.army.mil/Missions/Regulatory/Public-Notices/Article/3872375/gp-12-public-notice/
GP-14: For construction, expansion, modification, or improvement of linear transportation crossings (e.g., highways, railways, trails, airport runways, and taxiways) Crossings within Critical Resource Waters (CRW), Sensitive Public and Private Water Supplies (SWS), and Appendix B Waters. https://www.swt.usace.army.mil/Missions/Regulatory/Public-Notices/Article/3872280/gp-14-final-public-notice/
Critical Resource Waters: https://www.swt.usace.army.mil/Portals/41/docs/missions/regulatory/WQC/CRW.pdf
Appendix B Waters & SWS: https://www.owrb.ok.gov/maps/PMG/owrbdata_SW.html
As the certifying authority for those Tribes without TAS for Section 401 WQC, the EPA will have to act on this certification request by November 13, 2024, by either: (1) granting certification; (2) granting certification with conditions; (3) denying certification; or (4) expressly waiving certification. Failure to act on the request will result in a waiver. EPA will consider all comments received prior to making a decision on the request for Section 401 WQC. The deadline for this opportunity to comment is September 20, 2024.
Current List of Tribes Without TAS for CWA Section 401
- Absentee-Shawnee Tribe of Indians of Oklahoma
- Alabama-Quassarte Tribal Town
- Apache Tribe of Oklahoma
- Caddo Nation of Oklahoma
- Cherokee Nation
- Cheyenne and Arapaho Tribes
- The Chickasaw Nation
- The Choctaw Nation of Oklahoma
- Citizen Potawatomi Nation
- Comanche Nation
- Delaware Nation
- Delaware Tribe of Indians
- Eastern Shawnee Tribe of Oklahoma
- Fort Sill Apache Tribe of Oklahoma
- Iowa Tribe of Oklahoma
- Kaw Nation
- Kialegee Tribal Town
- Kickapoo Tribe of Oklahoma
- Kiowa Indian Tribe of Oklahoma
- Miami Tribe of Oklahoma
- The Modoc Tribe of Oklahoma
- The Muscogee Nation
- The Osage Nation
- Otoe-Missouria Tribe of Indians
- Ottawa Tribe of Oklahoma
- Peoria Tribe of Indians of Oklahoma
- Ponca Tribe of Indians of Oklahoma
- The Quapaw Tribe of Indians
- Sac & Fox Nation
- The Seminole Nation of Oklahoma
- Seneca-Cayuga Nation
- Shawnee Tribe
- Thlopthlocco Tribal Town
- Tonkawa Tribe of Indians of Oklahoma
- United Keetoowah Band of Cherokee Indians of Oklahoma
- Wichita and Affiliated Tribes
- Wyandotte Nation
Applicants or Respondents
U.S. Army Corps of Engineers, Tulsa DistrictUnited States