Section 401 of the Clean Water Act gives states and authorized tribes the authority to grant, deny, or waive certification of proposed federal licenses or permits that may discharge into waters of the United States. Executive Order 13868, Promoting Energy Infrastructure and Economic Growth, directed the EPA to review and revise existing guidance and regulations to clarify and streamline the section 401 certification process and to promote greater investment in, and certainty for, national energy infrastructure projects. The EPA’s current water quality certification regulations were promulgated in 1971, prior to the 1972 Clean Water Act amendments and the establishment of section 401. The proposed update to the EPA’s certification regulations will modernize the regulations to be consistent with the Clean Water Act, and will provide clarity and certainty for states, tribes, federal agencies, and project proponents. Consistent with the Executive Order’s timelines, the Agency published a notice of proposed rulemaking in August 2019 for a 45-day public comment period. The Agency will review and consider public comments before taking a final action.