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| EPA/OW | RIN: 2040-AG47 | Publication ID: Spring 2025 |
| Title: ●Clean Water Act Section 401 Water Quality Certification Improvement Rule | |
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Abstract:
Under Clean Water Act section 401, a federal agency may not issue a license or permit to conduct any activity that may result in a discharge into a water of the United States unless a section 401 water quality certification is issued, or certification is waived by a state or authorized Tribe. EPA last promulgated regulations on CWA section 401 in 2023, including regulatory text addressing the scope of certification. This action will clarify the scope of certification regarding implementation challenges and regulatory uncertainty associated with the scope of certification in the 2023 Rule. This action will increase transparency, efficiency, and predictability for co-regulators and the regulated community. |
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| Agency: Environmental Protection Agency(EPA) | Priority: Substantive, Nonsignificant |
| RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: No | Unfunded Mandates: Undetermined |
| EO 14192 Designation: Deregulatory | |
| CFR Citation: 40 CFR 121 | |
| Legal Authority: 33 U.S.C. 1251 et seq. | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, State, Tribal |
| Federalism: Undetermined | |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
| Related RINs: Related to 2040-AG12 | |
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Agency Contact: Lauren Kasparek Environmental Protection Agency Office of Water 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 564-3351 Email: kasparek.lauren@epa.gov |
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