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CWA Section 401 Certification

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 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

The agency engaged in state and tribal consultation from April 24, 2019 to May 24, 2019 and opened a docket for pre-proposal recommendations during this time period (Docket ID No. EPA-HQ-OW-2018-0855). The EPA considered stakeholder input prior to the initiation of and during the formal consultation period, including the 72 submissions to the docket.