NWP 20Effective 2026-03-15

Response Operations for Oil or Hazardous Substances

Requirements at a Glance

  • No Pre-Construction Notification (PCN) required
  • Authorized under Section 10 and Section 404
  • Activities must be conducted in response to a spill or release of oil or hazardous substances
  • Cleanup must be required by a federal or state environmental response agency
  • Does not authorize the disposal of hazardous waste in waters of the U.S.
  • Temporary fills must be removed and the site restored to pre-construction elevations
  • Must not cause more than minimal adverse effects on navigation
  • Must comply with General Condition 12 regarding soil erosion and sediment control

Purpose & Scope

Nationwide Permit 20 authorizes activities conducted in response to oil or hazardous substance spills or releases. This permit covers the deployment of containment booms, the placement of temporary structures, and the discharge of dredged or fill material necessary for cleanup and response operations in waters of the United States. It is intended to facilitate rapid emergency response to environmental threats without the typical delays associated with standard permit processing. The permit’s scope includes activities required by the National Oil and Hazardous Substances Pollution Contingency Plan, as well as those mandated by federal or state environmental response agencies. It also authorizes the cleanup of temporary response sites and the restoration of those sites to their pre-construction condition once operations are concluded.

What Changed in 2026

The 2026 reissuance of NWP 20 contains no substantive changes to its terms or conditions compared to the 2021 version. The Corps of Engineers reevaluated the permit and determined that its existing qualitative and quantitative limitations remain effective at ensuring authorized activities result in no more than minimal individual and cumulative adverse environmental effects. While the permit text remains unchanged, the supporting decision document has been updated with the most current environmental baseline data. This update incorporates findings from the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment to ensure the permit's environmental review is grounded in the most recent scientific data available.

Who Needs This Permit?

Environmental response teams, emergency contractors, and state or federal agencies (such as the EPA or Coast Guard) use this permit during environmental emergencies. It is essential for industries that handle hazardous materials or oil and need pre-authorized regulatory clearance to conduct rapid cleanup operations in jurisdictional waters.

Common Project Types

  • Deployment of containment and recovery booms after an oil spill
  • Placement of temporary fill for access to a hazardous substance cleanup site
  • Discharge of fill material for temporary berms to contain contaminated runoff
  • Installation of temporary staging areas for environmental response equipment
  • Restoration of sites impacted by spill response structures and fills

Environmental Review

The Corps determined that the reissuance of NWP 20 has 'no effect' on federally-listed endangered or threatened species or their critical habitat. This is due to the requirements of General Condition 18, which mandates that no activity is authorized until project-specific Section 7 consultation is completed for any project that 'might affect' listed species or habitat. Compliance with Section 106 of the National Historic Preservation Act is similarly ensured via General Condition 20, which requires Pre-Construction Notification (PCN) if an activity has the potential to affect historic properties. The Corps also found the permit to be in compliance with Essential Fish Habitat (EFH) provisions, noting that district engineers can apply regional or site-specific conditions to minimize adverse impacts to these resources.

Frequently Asked Questions

Do I need to submit a PCN for emergency spill response under NWP 20?

What is the acreage limit for NWP 20 activities?

Does NWP 20 authorize the disposal of hazardous substances?

Are training exercises for oil spill response covered by NWP 20?

Must I restore the area once cleanup is complete?

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