MarineEnergyApp/Regulations/CWA-401
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Clean Water Act Section 401 Certification (CWA §401)
A federal agency may not issue a permit or license to conduct any activity that may result in any discharge into Waters of the United States unless the state or tribe with delegated water quality authority issues a §401 water quality certification that the activity is in compliance with the state or tribe’s water quality standards or waives the certification requirement. Major federal licenses and permits subject to §401 include FERC hydropower licenses and Rivers and Harbors Act §10 permits. States and authorized tribes must act on their §401 authority within any reasonable time not to exceed one year, where the permitting or licensing agency determines the reasonable time period.
Resources
- Statutory and Regulatory Requirements for CWA §401 Certification (USEPA)
- CWA §401 Guidance for Federal Agencies, States, and Authorized Tribes (USEPA)
- CWA §401 Water Quality Certification: A Water Quality Protection Tool for States and Tribes (USEPA)
- Final Rule: Clean Water Act Section 401 Certification Rule, Effective Sept. 11, 2020 (USEPA)
- Clean Water Act Section 401 Certification Rule (Federal Register)