CWA Section 401 Regulatory Requirements
Overview
Section 401 of the Clean Water Act provides states and authorized Tribes with an important tool to help protect the water quality of federally regulated waters within their borders, in collaboration with federal agencies. EPA's current regulations at 40 CFR 121 address 401 certification generally.
The final Clean Water Act Section 401 Water Quality Certification Improvement Rule went into effect on November 27, 2023. The final rule and supporting documents, including outreach materials, are provided below.
Current Regulatory Requirements
Rule Materials
- 2023 Clean Water Act Section 401 Water Quality Certification Improvement Rule
- Response to Comments
- Economic Analysis
- Regulations (40 CFR 121)
- Proposed Rule
Rule Outreach Materials
- Press Release
- One-Page Fact Sheet on the Final Rule (English | Spanish)
- Overview Fact Sheet on the Final Rule (English | Spanish)
- Presentations and Webinars
- Rule Overview (Video | Slides)
- Implementation Considerations (Video | Slides)
- General Public Webinar (Video | Slides) (Recorded on September 26, 2023)
- Section 401 & Treatment in a Similar Manner as a State (TAS) Webinar (Video | Slides) (Recorded on October 17, 2023)
- Certifying Authority Webinar (Video | Slides) (Recorded on September 28, 2023)
- Federal Agency Webinar (Video | Slides) (Recorded on October 3, 2023)
- Frequently Asked Questions