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CWA Section 401 Certification

Clean Water Act Section 401 Certification Rule - Federalism and Tribal Consultation

In Spring 2019, the EPA initiated consultation with state, local, and tribal governments on the Clean Water Act section 401 certification process. Pursuant to Executive Order 13132 and Executive Order 13175, the EPA expressly consulted with states, local governments, and federally recognized tribes and tribal organizations while developing the Clean Water Act Section 401 Certification Rule. The Agency held a variety of webinars, calls, and meetings with stakeholders as part of the consultation processes. The state, local, and tribal government comment letters are available for public review in Docket ID No. EPA-HQ-OW-2019-0405. The Agency prepared reports of these consultations to summarize the activities conducted during the rulemaking process. These reports also summarize comments provided by participants.

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