Statutory and Regulatory Requirements for CWA Section 401 Certification
Clean Water Act (CWA) Section 401 gives States and authorized Tribes the authority to grant, deny or waive certification of proposed federally-licensed or permitted activities that may result in a discharge into waters of the United States (33 USC 1341). EPA regulations at 40 CFR 121 address Section 401 certification generally. Additionally, EPA also has regulations for the CWA Section 402 program where the EPA acts as the federal permitting agency (40 CFR 124.53-124.55). Other federal licensing or permitting agencies may also have regulations on Section 401 certification as it pertains to their program.