On January 15, 2025, the U.S. Environmental Protection Agency (EPA) published a proposed rule updating several Clean Water Act (CWA) water quality certification requirements.
CWA section 401 grants authority to states (and some tribes) to review any discharge into a water of the United States (WOTUS) within their borders resulting from a proposed activity requiring a federal license or permit. A federal agency may not issue a license or permit to conduct any activity that may result in any discharge into a WOTUS, unless the affected State issues a section 401 certification or the certification is waived.
Small entities impacted by the section 401 certification process include construction, manufacturing, mining, and utility businesses. In 2023, the EPA revised section 401 regulations and made several changes to the certification process. The proposed rule addresses regulatory uncertainty resulting from the 2023 changes.
Advocacy supports the EPA’s proposed rule because it will aid small entities by adding regulatory clarity to the water quality certification process. Advocacy also recommends that the EPA refrain from requiring section 401 certification for general permits and explore options for conducting parts of the section 401 process concurrently, where feasible, to further minimize delays.
COMMENT LETTER
Updating the Water Quality Certification Regulations, Docket No. EPA-HQ-OW-2025-2929
(PDF, 262 KB)
CONTACT: Nick Goldstein
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