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EPA/OW | RIN: 2040-AF86 | Publication ID: Spring 2019 |
Title: Clarification of State Certification Procedures Under Section 401 of the Clean Water Act | |
Abstract:
Section 401 of the Clean Water Act requires that any applicant for a Federal license or permit to conduct an activity which may result in a discharge to navigable waters obtain, from the State in which the discharge would originate, certification that the discharge will comply with the State's applicable water quality requirements, including effluent limitations, water quality standards and toxic and pretreatment effluent standards. The current regulations were promulgated in May 1971, five months after the creation of the EPA. They pre-date the passage of the Clean Water Act in 1972 and were based on section 401’s predecessor, section 21(b) of the Water Quality Improvement Acts of 1970. The regulations describe the process of certification and the process for notifying neighboring jurisdictions. In 2010, the EPA provided stakeholders with an interim handbook called "Clean Water Act section 401 Water Quality Certification: A Water Quality Protection Tool for States and Tribes." In accordance with Executive Order 13868, "Promoting Energy Infrastructure and Economic Growth,” the EPA will update guidance and initiate rulemaking to clarify section 401 to allow for efficient energy infrastructure permitting processes and increased regulatory certainty. |
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Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: Undetermined |
EO 13771 Designation: Other | |
CFR Citation: 40 CFR 121 | |
Legal Authority: Not Yet Determined |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Federal, Local, State, Tribal |
Federalism: Undetermined | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Donna Downing Environmental Protection Agency Office of Water 4502T, Washington, DC 20460 Phone:202 566-1367 Fax:202 566-1375 Email: dowing.donna@epa.gov |