View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

EPA/OW RIN: 2040-AF86 Publication ID: Spring 2020 
Title: Updating Regulations on Water Quality Certification to Clean Water Act Section 401 Certification Rule 

Clean Water Act (CWA) section 401 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. They pre-date the passage of the CWA in 1972 and were based on CWA section 401's predecessor, section 21(b) of the Water Quality Improvement Acts of 1970. In accordance with Executive Order 13868, "Promoting Energy Infrastructure and Economic Growth," the EPA updated its CWA section 401 guidance in June 2019 and issued a proposed rule in August 2019 seeking to clarify and update its current water quality certification regulations to improve the efficiency of the CWA section 401 certification process and increase regulatory certainty.

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 40 CFR 121   
Legal Authority: 33 U.S.C. 1251 et seq., Clean Water Act   
Legal Deadline:  None
Action Date FR Cite
Notice  08/16/2019  84 FR 41948   
NPRM  08/22/2019  84 FR 44080   
Final Rule  06/00/2020 
Additional Information: Previously was titled "Clarification of State Certification Procedures Under Section 401 of the Clean Water Act."
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Lauren Kasparek
Environmental Protection Agency
Office of Water
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-3351