EP 1165-2-1
30 Jul 99
Water Discharge Permit Requirements. All Corps facilities and
activities that meet the definition of an "industrial activity" under
40 CFR 122.26 are subject to the requirement to obtain storm water
permits. One Corps activity covered by the storm water rule is any
construction activity that disturbs five acres or more of land. The
"five acre" rule applies only in those states that do not have an
authorized NPDES storm water permit program. In the states where EPA
has delegated the NPDES responsibilities, the acreage rule
requirements may vary considerably between the states. Storm water
permits are issued by the states if they have an authorized NPDES
storm water permit program or by EPA for areas not covered by an
authorized state program. Activities regulated under Section 404 of
the CWA do not require permits under the NPDES program.
3-8. Clean Air Act (CAA) General Conformity Rule. Section 176(c) of
the CAA requires that Federal agencies assure that their activities
are in conformance with Federally-approved CAA state implementation
plans for geographical areas designated as "nonattainment" and
"maintenance" areas under the CAA. On 30 November 1993, EPA published
its final General Conformity Rule to implement Section 176(c). EPA's
final rule addresses how Federal agencies are to demonstrate that
activities in which they engage confirm with Federally approved CAA
state implementation plans. The EPA rule contains a number of
"exempted" or "presumed to conform" activities which include a number
of Corps activities. As applicable and required, CAA conformity
determinations will be completed during feasibility studies and
included in feasibility reports.
3-9. Executive Order (E.O.) 11988, 24 May 1977, Flood Plain
Management. This order outlines the responsibilities of Federal
agencies in the role of flood plain management. Each agency shall
evaluate the potential effects of actions on flood plains, and should
avoid undertaking actions which directly or indirectly induce growth
in the flood plain or adversely affect natural flood plain values.
Agency regulations and operating procedures for licenses and permits
should include provisions for the evaluation and consideration of
flood hazards. Construction of structures and facilities on flood
plains must incorporate flood proofing and other accepted flood
protection measures. Agencies shall attach appropriate use
restrictions to property proposed for lease, easement, right-of-way,
or disposal to non-Federal public or private parties. (ER 1165-2-26)
3-10. Executive Order (E.O.) 11990, 24 May 1977, Protection of
Wetlands. This order directs Federal agencies to provide leadership
in minimizing the destruction, loss or degradation of wetlands.
Section 2 of this order states that, in furtherance of the National
Environmental Policy Act of 1969, agencies shall avoid undertaking or
assisting in new construction located in wetlands unless there is no
practical alternative.
3-11. Executive Order (E.O.) 12898, 11 February 1994, Federal Actions
to Address Environmental Justice in Minority Populations and Low-
Income Populations. A description of this order is provided in
Appendix C (paragraph 50, page C-9). The Corps is developing
implementation guidance to address this order and NEPA compliance.
3-12. Executive Order (E.O.) 13007, 24 May 1996, Indian Sacred Sites.
Directs each executive branch agency with statutory or administrative
responsibility for the management of Federal lands, to the extent
practicable, permitted by law, and not clearly inconsistent with
essential agency functions, to (1) accommodate access to and
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