APPROVAL OF EMERGENCY PERMIT PROCEDURES
FOR ACTIVITES SUBJECT TO EXECUTIVE ORDER 14156 IN FLORIDA
The purpose of this notice is to advise the public that the United States (U.S.) Army Corps of Engineers, Jacksonville District has established special emergency processing procedures in accordance with 33 CFR § 325.2(e)(4) for the National Energy Emergency established by Executive Order (E.O.) 14156, which was issued on January 20, 2025, under the President’s legal authorities, including the National Emergencies Act (50 U.S.C. 1601 et seq) and section 301 of title 3, United States code. These special emergency processing procedures have been established pursuant to Sec. 4 of 14156 for activities associated with the identification, siting, production, transportation, refining, and generation of domestic energy sources, including energy infrastructure, that require Department of the Army authorization under Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act, and/or Section 103 of the Marine Research, Protection, and Sanctuaries Act of 1972, as amended. For the reasons stated in Sec. 1 of EO 14156, the President has found that these activities would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard permitting procedures. These alternate procedures will be utilized until E.O. 14156 is rescinded.
1. In accordance with 33 CFR 325.2(e)(4), an "emergency" is a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the permit application under standard procedures.
2. Most permitting will likely be accomplished through the nationwide permit (NWP) program or a Regional General Permit (RGP). For example, all aspects of the construction, maintenance, repair, and removal of oil and natural gas pipelines and associated facilities may be authorized via NWP #12. These activities would be accomplished under the authorities of Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act, and/or Section 103 of the Marine Research, Protection, and Sanctuaries Act of 1972, as amended.
3. For those actions which do not qualify for authorization under the terms and conditions of the NWP program or a RGP, the following procedures will be used:
a. Requests for expedited permits associated with the identification, siting, production, transportation, refining, and generation of domestic energy sources, including energy infrastructure, will be reviewed to determine if there is truly an emergency situation associated with the request as defined by E.O. 14156 and 33 CFR 325.2(e)(4)
b. Descriptions of the proposed action will be transmitted to representatives from each of the commenting agencies, including the State agencies responsible for Section 401 Water Quality Certification and Coastal Zone Management Consistency if required.
c. Emergency procedures are alternative procedures and are not a procedural waiver or to the lack of any procedures. They will not be utilized to avoid providing prior public notice of a proposed project where practicable or to bypass procedural requirements of other laws. The District will make a permit decision after satisfying all necessary permitting procedures and considering/addressing any comments submitted by other agencies and the public. It is anticipated that this process can be finalized within 30-business days for most actions.
4. The purpose of this public notice is to announce the establishment of the special emergency processing procedures for the purposes of E.O. 14156 and provide information to the public about those special emergency processing procedures.
If you have any questions concerning these special emergency processing procedures, please contact Mr. Christian Karvounis, Program Manager, at (561) 785-3309 or Christian.G.Karvounis@usace.army.mil. If additional information is needed, please contact the appropriate Regulatory Office within the Jacksonville District Regulatory Division, U.S. Army Corps of Engineers, as provided at the following link:
https://www.saj.usace.army.mil/Missions/Regulatory/