The Army Corps of Engineers has proposed changes to many of its nationwide permits, which authorize the discharge of dredge or fill material into public waters, under Section 404 of the Clean Water Act. Nationwide permit 21 controls the disposal of mining waste from surface coal mining as fill in rivers and streams. Nationwide permit 50 provides similar oversight for underground coal mines. Nationwide permit 49 regulates fill impacts for remining operations.

The Corps has proposed two main changes. First, nationwide permit 21 and nationwide permit 50 would no longer include a 300 linear foot limit for loss of streams. These permits would only include a half acre limit on impacts, which does not adequately protect Appalachian streams from the impacts of coal mining. In addition, all three nationwide permits that cover coal mining activity would now include default permit authorization if the Corps does not respond to pre-construction notification within 45 days. This may result in many more permits being granted without adequate oversight.