Technical Assistance

On this page:

• Overview
• TAS for Section 401
• Section 401(a)(2) Resources 

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Technical Assistance Overview

EPA is responsible for providing technical assistance upon request from Federal agencies, certifying authorities, or Federal license or permit applicants. Contact us for additional technical assistance. 

Treatment in a Similar Manner as a State (TAS) for Clean Water Act Section 401

Under the final Clean Water Act Section 401 Water Quality Certification Improvement Rule, Tribes may obtain treatment in a similar manner as a state solely for Section 401 or obtain TAS for the limited purpose of participating as a neighboring jurisdiction under Section 401(a)(2). Tribes have the opportunity to participate directly in the certification process without applying for water quality standards by applying for TAS for the Section 401 program. Tribes should consider TAS for the Section 401 program if they are interested in issuing certification decisions for their reservation (CWA Section 401(a)(1)) or participating in the neighboring jurisdiction process (CWA Section 401(a)(2)). This webinar from 2023 further describes TAS for Section 401 (Video | Slides).

Upon receiving TAS for Section 401, Tribes have two roles. First, Tribes that receive Section 401 TAS are responsible for acting as a certifying authority for projects that may result in a discharge into waters of the United States on their Indian reservations. As certifying authorities, Tribes with TAS may grant, grant with conditions, deny, or waive certification based on whether a federally licensed or permitted project will comply with sections 301, 302, 303, 306, and 307 of the CWA and any other appropriate requirements of Tribal law. Second, Tribes that receive section 401 TAS are accorded the status of “neighboring jurisdiction” for purposes of section 401(a)(2). 88 FR 66652.

Templates for obtaining TAS for Section 401 for Section 401 in its entirety and for participating as a neighboring jurisdiction under Section 401(a)(2) alone are available below. 

Section 401(a)(2)

CWA Section 401(a)(2) provides notified neighboring jurisdictions the opportunity to evaluate and object to the issuance of the Federal license or permit if a discharge originating in another jurisdiction will violate its water quality requirements.