EPA's New 401 Certification Rule

Section 401 of the Clean Water Act | US EPA

The Clean Water Act (CWA) gives states and authorized tribes the authority to grant, deny, or waive certification of proposed federal licenses or permits.

Final 2023 CWA Section 401 Water Quality Certification ...

The final 2023 Rule went into effect on November 27, 2023. 2. Where can stakeholders see the public comments from the rulemaking process?

Clean Water Act Section 401 Water Quality Certification ...

Section 401(a)(2) requires the Federal agency to “immediately notify” EPA “upon receipt” of a “[license or permit] application and certification ...

EPA's Final Clean Water Act 401 Rule, Reinstating 1971 Approach ...

The 2020 Rule narrowed authority granted to Certification Agencies under the 1971 Regulations to be consistent with the Administration's policy ...

Clean Water Act Section 401 Certification Rule - Federal Register

The Environmental Protection Agency (EPA) is publishing this final rule to update and clarify the substantive and procedural requirements ...

EPA's New 401 Certification Rule: Expanded Scope and ...

This article provides background on the CWA water quality certification program, followed by a deep dive into the 2023 Rule and how it compares to the 2020 ...

Clean Water Act Section 401 Water Quality Certification

Under section 401(a)(2), where EPA has determined that a discharge from an activity subject to certification from another jurisdiction “may affect” their water ...

Section 401 Water Quality Certification

EPA announced it would revisit the 2020 CWA Section 401 Certification Rule and scheduled listening sessions throughout June 2021. The agency also asked courts ...

EPA Finalizes Section 401 Water Quality Certification Improvement ...

The Rule restores certifying authorities' ability to evaluate whether the “activity as a whole will comply with all applicable water quality ...

EPA ANNOUNCES FINAL CLEAN WATER ACT SECTION 401 ...

The 2020 Rule also introduced several new features, including one that allowed federal agencies to review certifying agencies' certification ...

Change is Afoot: EPA Revisiting Section 401 Program

The Trump administration's rule narrowed the authority of states and Tribes to deny Section 401 certifications, in part by limiting the time frame for review ...

Clean Water Act: Section 401 Water Quality Certifications

September 27, 2023 - The U.S. Environmental Protection Agency (EPA) has finalized a new rule revising and replacing the 2020 regulatory requirements for ...

EPA Proposes New Rules Governing Section 401 Water Quality ...

Expanding the scope of review for Section 401 water quality certifications. The Proposed Rule modifies 40 C.F.R. § 121.3 to require certifying ...

Graves & Rouzer Joint Statement on EPA's Final Rule that ...

In 2020, the Trump Administration issued the “Clean Water Act Section 401 Certification Rule,” which included many of these clarifications.

EPA finalized the “Clean Water Act Section 401 Certification Rule”

On June 1, 2020, EPA finalized the "Clean Water Act Section 401 Certification Rule" to implement the water quality certification process ...

Will EPA Apply the New 401 Certification Rule Retroactively to ...

The final rule becomes effective 60 days after it is published in the federal register. Certification requests that have been submitted or that ...

The Biden Boomerang Effect Reaches Clean Water Act Section 401

The new rule undoes much of the rule adopted by the Trump-era EPA in 2020 and also adds a number of features intended to clarify elements of the ...

EPA Rules on CWA Section 401 Water Quality Certifications by States

Once there is a prerequisite potential for a point source discharge into Waters of the United States, then the certifying authority may evaluate ...

EPA's New Clean Water Act Section 401 Certification Rule Limits ...

Under Section 401, no federal permit or license can be issued that may result in a discharge to waters of the United States unless the authorized tribe or state ...

EPA Proposes to Expand State and Tribal Authority Over Section ...

The Improvement Rule would also allow a Certifying Authority to modify a 401 Certification after expiration of the one-year period and after the ...