EPA Announces Listening Sessions and Opens Comment Period on Clean Water Act Certification Process

What: On July 7, 2025, the U.S. Environmental Protection Agency (EPA) announced it would be opening a comment period and holding virtual public listening sessions on the Clean Water Act’s (CWA) certification process.  

Why: Under CWA §401, a federal agency may not issue a license or permit unless the State or Tribe where any discharge into a navigable water originates certifies that multiple CWA provisions are complied with. When granting certification under CWA §401, States and Tribes may include conditions, including effluent limitations and other limitations, and monitoring requirements to ensure that the permit applicant complies with CWA requirements.

Members of the regulated community have raised concerns about certification analyses under CWA §401 expanding beyond water quality issues and unnecessarily delaying permit approvals. EPA is asking for comments on the following areas to help the agency address regulatory uncertainty associated with the CWA §401 certification process:

  • Defining the scope of certification generally and the scope of certification conditions.
  • Water quality requirements.
  • Neighboring jurisdictions.
  • Categorical determinations under CWA §401(a)(2).
  • Stakeholder Input on CWA §401 certification experiences.
  • Data and other information.

The virtual public listening sessions will be held on Wednesday, July 16, 2025, from 1:00 PM – 4:30 PM ET and on Wednesday, July 30, 2025, from 1:00 PM – 4:30 PM ET. Written comments must be received by August 6, 2025. EPA will use this input to determine whether additional guidance or rulemaking is necessary to address identified areas of regulatory uncertainty or implementation challenges regarding CWA §401 certification.

Action: Read the Federal Register notice and submit comments by the deadline.

FEDERAL REGISTER NOTICE:

Establishment of Public Docket and Listening Sessions on Implementation Challenges Associated with Clean Water Act Section 401

PUBLIC LISTENING SESSIONS:

Register for the July 16, 2025, Session » Implementation Challenges Associated with the Clean Water Act Section 401

Register for the July 30, 2025, Session » Implementation Challenges Associated with the Clean Water Act Section 401

CONTACT:

Nick Goldstein

EMAIL:

nick.goldstein@sba.gov

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