What Happened
The New Mexico Environment Department (NMED) issued a statement in late May 2022 that Individual Water Quality Certification (WQC) under Section 401 of the Clean Water Act (CWA) will be required for all projects seeking CWA Section 404 authorization using one of 13 Nationwide Permits (NWPs) (including some of the most widely used NWPs for energy, development, and transmission projects). The U.S. Army Corps of Engineers (USACE) Albuquerque District released a Special Public Notice outlining the individual WQC process, including a pre-filing meeting, requirements for applications, and review timelines.
Read more in the full Regulatory Alert.
SWCA Lens
Contact SWCA’s CWA specialists to help understand the new regulation and support CWA permitting.
