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CWA Section 401 Certification

Proposed Rule – Updating Regulations on Water Quality Certification

On August 8, 2019, the EPA signed a proposed rule to implement Clean Water Act section 401. The proposed rule would replace and modernize the existing water quality certification regulations at 40 CFR Part 121. Additionally, the proposed rule would provide greater clarity and regulatory certainty for the water quality certification process, consistent with the April 2019 Presidential Executive Order entitled “Promoting Energy Infrastructure and Economic Growth.”

The EPA will open a 60-day public comment period after the proposed rule is published in the Federal Register (Docket ID No. EPA-HQ-OW-2019-0405).

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