An official website of the United States government.

We've made some changes to EPA.gov. If the information you are looking for is not here, you may be able to find it on the EPA Web Archive or the January 19, 2017 Web Snapshot.

CWA Section 401 Certification

Outreach and Engagement on CWA Section 401 Certification

Pursuant to the April 10, 2019 Executive Order on Promoting Energy Infrastructure and Economic Growth,  the EPA will continue to engage with states, authorized tribes, and relevant federal agencies to identify provisions that require clarification within section 401 of the Clean Water Act (CWA) and related federal regulations and guidance.  On August 8, 2019, the EPA signed a proposed rule to implement Clean Water Act section 401.

The proposed rule published in the Federal Register on August 22, 2019 and will be open for a 60-day public comment period which ends on October 21, 2019. Comments should be posted to Docket ID No. EPA-HQ-OW-2019-0405

On this page:


Proposed Rulemaking Outreach

Webinar

On August 20, 2019, the EPA hosted a public webinar to help explain the key elements of the proposed “Updated Regulations on Water Quality Certifications” rule.

Public Hearing

The EPA will hold a public hearing session on the proposed “Updated Regulations on Water Quality Certifications” rule on September 5, 2019 from 2:00 pm – 8:00 pm (Mountain Daylight Time) and September 6, 2019 from 9:00 am – 12:00 pm (Mountain Daylight Time) at the Salt Lake City Public Library, 210 E 400 S, Salt Lake City, Utah, 84111. A Federal Register notice for the public hearing was published with the proposed rule (Docket ID No. EPA-HQ-OW-2019-0405).

State and Tribal Listening Sessions

The EPA will hold state and tribal listening sessions on the proposed “Updated Regulations on Water Quality Certifications” rule.

The first series of listening sessions will take place at the Salt Lake City Public Library, 210 E 400 S, Salt Lake City, Utah, 84111. The tribal listening session will be held on the afternoon of September 4, 2019. The state listening session will be held on the morning of September 5, 2019.

The second series of listening sessions will take place at the United States Environmental Protection Agency Region 5 offices at 77 West Jackson Boulevard, Chicago, Illinois 60604. The state listening session will be held on the morning of September 16, 2019. The tribal listening session will be held on the afternoon of September 16, 2019. 


Pre-Proposal Recommendations

The EPA requested pre-proposal recommendations from April 24 to  May 24, 2019. Pre-proposal recommendations may be found in administrative docket EPA-HQ-OW-2018-0855

Webinars

The EPA hosted a webinar for state and tribal representatives on April 17, 2019 from 3 - 4 pm Eastern Time.  View slides from the webinar.  

The EPA hosted a follow-up webinar for state and tribal representatives on May 8, 2019 from 3:30 - 4:30 pm Eastern Time.  View slides from the webinar.

Federalism and Tribal Consultation

The EPA initiated federalism and tribal consultation on April 24, 2019. Federalism and tribal consultation concluded on May 24, 2019.