The Department of the Army and the U.S. Army Corps of Engineers (Army) announce a formal review of Nationwide Permit (NWP) 12 for Oil or Natural Gas Pipeline Activities

The Department of the Army and the U.S. Army Corps of Engineers (Army) announce a formal review of Nationwide Permit (NWP) 12 for Oil or Natural Gas Pipeline Activities.

Previous uses of NWP 12 have raised concerns identified in Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, such as environmental justice, climate change impacts, drinking water impacts, and notice to impacted communities. The EO also directed a formal review by agencies of Federal regulations promulgated during the previous Administration that conflicted with the policy objectives outlined in the EO, which includes NWP 12.

The Federal Register notice (FRN) announcing a formal review of NWP 12 can be found at the following link https://www.army.mil/article/254909. The formal review of NWP 12 will assist in determining whether any future actions may be appropriate under 33 CFR 330.5 for NWP 12 prior to its March 14, 2026, expiration.  The Army seeks input on the appropriate balance between an efficient authorization process, the potential effects of oil and natural gas pipelines, and engagement with and informing the public regarding uses of NWP 12. The FRN poses a series of questions for input to assist in the review of NWP 12.

The review also includes a series of virtual public and tribal meetings in May 2022 to gather input to inform future potential decision-making related to NWP 12 as well as a public docket to gather written comments during a 60-day comment period.

You may send written feedback, identified by Docket ID No. COE-2022-0003, by any of the following methods:

·      Federal eRulemaking Portal: https://www.regulations.gov/ (our preferred method). Follow the online instructions for submitting written feedback.

·      Email: usarmy.pentagon.hqda-asa-cw.mbx.asa-cw-reporting@army.mil and nationwidepermit12@usace.army.mil. Include Docket ID No. COE-2022-0003 in the subject line of the message.

See below for registration information on how to sign up for the public and tribal virtual meetings. Additional details on the virtual meetings can be found in the FRN.

Public virtual meetings (Registration at https://www.eventbrite.com/e/nwp-12-review-virtual-public-meetings-registration-304755290277):

·      May 10, 2022, 1 to 3 p.m. Eastern Daylight Time (EDT).

• NWP 12 Review Public Meeting 10 May at 1300v1.pptx [PPTX - 411.2 KB]
• https://www.zoomgov.com/rec/share/rtgsA-yFtxzD3rD3UFGuFAUigWCM6_LUsORTeV2K05a2-pSQ8Mdjjgi901dmj95u.f_O5OarUGQlZVlha?startTime=1652203264000

Passcode: Y72Wf9r^

·      May 12, 2022, 6 to 8 p.m. EDT.

·      May 17, 2022, 1 to 3 p.m. EDT.

·      May 19, 2022, 2 to 4 p.m. EDT.

Tribal virtual meetings (Registration at https://www.eventbrite.com/e/nationwide-permit-12-review-virtual-tribal-meetings-registration-304954636527)

·      May 11, 2022, 1 to 3 p.m. EDT.

·      May 18, 2022, 2 to 4 p.m. EDT.