[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"permit-38":3},{"id":4,"acreageLimit":5,"changesFrom2021":6,"code":7,"commonProjects":8,"effectiveDate":15,"environmentalReview":16,"extension":17,"faq":18,"keyConditions":34,"linearFootLimit":5,"meta":41,"name":45,"pcnTrigger":71,"publicComments":51,"purpose":50,"relatedPermits":72,"seo":73,"shortName":46,"sourceDocumentUrl":69,"statutoryAuthority":47,"stem":74,"whoNeedsThis":52,"__hash__":75},"permits/permits/nwp-38.json",null,"The 2026 reissuance of NWP 38 contains no substantive changes to its national terms or conditions compared to the 2021 version. The Corps reevaluated the permit's individual and cumulative effects and determined that the existing requirement for a mandatory pre-construction notification (PCN) for all projects remains a sufficient safeguard for protecting the aquatic environment.\n\nWhile the regulatory requirements remain identical, the supporting decision document was updated with current environmental baseline data. This includes results from recent national assessments, such as the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment, to ensure the impact analysis is grounded in the most current available ecological data.","38",[9,10,11,12,13,14],"Dredging and removal of contaminated sediments from a riverbed","Installation of an underwater cap to contain toxic waste","Construction of temporary cofferdams for soil remediation work","Placement of fill for access roads to reach a contaminated wetland site","Stabilization of a contaminated shoreline to prevent erosion into a waterway","Remedial actions performed under a court-ordered settlement","2026-03-15","The Corps determined that reissuing NWP 38 has 'no effect' on federally-listed endangered or threatened species or their critical habitat. This finding is anchored by General Condition 18, which requires project-specific Section 7 consultation if an activity 'might affect' listed resources; no activity is authorized until the consultation process is complete.\n\nCompliance with Section 106 of the National Historic Preservation Act is ensured through General Condition 20. Because every project under NWP 38 requires a PCN, district engineers are able to review each remediation plan for potential impacts to historic properties. For Essential Fish Habitat (EFH), district engineers can apply regional conditions to ensure that cleanup activities do not cause more than minimal adverse effects on sensitive aquatic life.","json",[19,22,25,28,31],{"q":20,"a":21},"Do I need to submit a PCN for hazardous waste cleanup under NWP 38?","Yes, a Pre-Construction Notification (PCN) is mandatory for all activities authorized by NWP 38 before you can begin work.",{"q":23,"a":24},"Can I use NWP 38 to expand a hazardous waste landfill?","No, this permit specifically does not authorize the establishment of new disposal sites or the expansion of existing sites used for the disposal of hazardous or toxic waste.",{"q":26,"a":27},"Is there a specific acreage limit for NWP 38?","NWP 38 does not have a national numeric acreage limit. The district engineer evaluates each project via the PCN to ensure impacts are minimal.",{"q":29,"a":30},"Does this permit cover cleanup ordered by a court?","Yes, court-ordered remedial action plans or related settlements are explicitly authorized by NWP 38.",{"q":32,"a":33},"What happens to temporary fills used during the cleanup?","All temporary fills must be removed in their entirety and the affected areas must be restored to pre-construction elevations upon completion of the remediation.",[35,36,37,38,39,40],"Must be performed, ordered, or sponsored by a government agency","Pre-Construction Notification (PCN) is mandatory for all activities","Does not authorize new or expanded hazardous waste disposal sites","Temporary fills must be removed and the site restored to pre-construction elevations","Must comply with General Condition 18 regarding endangered species","Remedial plan must be included in the PCN submittal",{"path":42,"body":43,"title":70},"/permits/nwp-38",{"id":44,"code":7,"name":45,"shortName":46,"statutoryAuthority":47,"acreageLimit":5,"linearFootLimit":5,"pcnTrigger":48,"effectiveDate":15,"purpose":50,"changesFrom2021":6,"environmentalReview":16,"publicComments":51,"whoNeedsThis":52,"commonProjects":53,"keyConditions":54,"faq":55,"relatedPermits":61,"seo":66,"sourceDocumentUrl":69},"nwp-38","Cleanup of Hazardous and Toxic Waste","NWP 38","10/404",{"type":49},"mandatory","Nationwide Permit 38 authorizes specific activities required to contain, stabilize, or remove hazardous or toxic waste materials. This permit is used for remediation projects performed, ordered, or sponsored by a government agency with established legal or regulatory authority. It also covers court-ordered remedial action plans or related legal settlements.\n\nThe scope includes both work in navigable waters under Section 10 and the discharge of fill material under Section 404. However, it specifically prohibits the establishment of new disposal sites or the expansion of existing sites used for hazardous waste disposal. The permit is designed to facilitate the cleanup of contaminated sites while ensuring the methods used for remediation do not themselves cause significant environmental harm.","Public feedback for NWP 38 generally supported the maintenance of a streamlined permit for environmental remediation. Some commenters raised concerns that cleanup activities could accidentally mobilize contaminants into the water column. The Corps responded that the mandatory PCN allows district engineers to review specific remediation techniques and require sediment curtains or other best management practices to prevent secondary impacts.\n\nOther commenters suggested that the permit should be limited to small-scale cleanups. The Corps declined to set a hard acreage limit, noting that the 'minimal impact' requirement and the oversight of a sponsoring government agency (such as the EPA) provide sufficient checks on the scale of activities authorized under this nationwide permit.","Compliance managers, environmental remediation contractors, and government agencies (EPA, state environmental departments) use this permit. it is essential for projects involving the cleanup of Brownfields, Superfund sites, or other areas where hazardous materials must be contained or removed from jurisdictional waters.",[9,10,11,12,13,14],[35,36,37,38,39,40],[56,57,58,59,60],{"q":20,"a":21},{"q":23,"a":24},{"q":26,"a":27},{"q":29,"a":30},{"q":32,"a":33},[62,63,64,65],"NWP-3","NWP-20","NWP-32","NWP-33",{"title":67,"description":68},"NWP 38: Cleanup of Hazardous & Toxic Waste - 2026 Permit Guide","Nationwide Permit 38 (NWP 38) for hazardous waste remediation under CERCLA or RCRA. Agency-sponsored cleanup, mandatory PCN, and Section 10/404 rules on Course Clear.","https://cdn.courseclear.io/usace/decision_documents/NWP-38-2026-Final-Decision-Document.pdf","Nwp 38",{"type":49},[62,63,64,65],{"title":67,"description":68},"permits/nwp-38","IBR2x_hJYKRoHeQtqK5ctF2v-6qgCmmIsbLmshH9SLc"]