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Emergency and Response

Verified

NWP 20: Response Operations for Oil or Hazardous Substances

Activities conducted in response to a discharge or release of oil or hazardous substances that are subject to the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR part 300) including containment, cleanup, and mitigation efforts, provided that the activities are done under either: (1) the Spill Control and Countermeasure Plan required by 40 CFR 112.3; (2) the direction or oversight of the federal on-scene coordinator designated by 40 CFR part 300; or (3) any approved existing state, regional or local contingency plan provided that the Regional Response Team (if one exists in the area) concurs with the proposed response efforts.

Acreage limit

The 2026 rule states no acreage limit for NWP 20. Eligibility turns on the activity description in the rule text and the general conditions that apply, not on a numeric cap.

Pre-construction notification: Not required

NWP 20 carries no notification clause in the 2026 rule. Activities authorised solely under this permit do not need to file a PCN under general condition 32.

Source

Federal Register citation
91 FR 768
Effective date
March 15, 2026
Cited text
91 FR 768 - Reissuance and Modification of Nationwide Permits (final rule, 8 Jan 2026) Read the rule

What this page does not tell you

  • District regional conditions. Any of the 38 USACE districts can narrow NWP 20, add a notification requirement beyond general condition 32, or revoke the permit entirely inside its boundaries. PermitBird holds no compiled regional conditions yet. Check the district.
  • State Clean Water Act Section 401 certification. Each of the 54 states and territories must certify, condition, waive or deny use of this permit before it authorises a discharge there. PermitBird holds no compiled certification yet. Check the state.