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DOD/COE RIN: 0710-AB21 Publication ID: Fall 2020 
Title: ●Clean Water Act Section 401 Water Quality Certification For Department of the Army Permits 

Department of the Army permits that authorize activities that may result a discharge into waters of the United States require water quality certification under section 401 of the Clean Water Act. The U.S. Army Corps of Engineers' (Corps') regulations for water quality certification for Department of the Army permits are found at 33 CFR parts 325 and 330. In response to Executive Order 13868, Promoting Energy Infrastructure and Economic Growth, the U.S. Environmental Protection Agency issued a final rule on July 13, 2020, to amend its regulations for water quality certifications under the Clean Water Act. Section 3(d) of this Executive Order requires Federal agencies to initiate rulemaking to ensure their water quality certification regulations are consistent with EPA's final rule.

The Corps proposes to amend their regulations at 33 CFR parts 325 and 330 to ensure the processing of Department of the Army permits complies with EPA’s final rule.

Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 33 CFR 325    33 CFR 330    33 CFR 320    33 CFR 323    33 CFR 324    33 CFR 325    33 CFR 326    33 CFR 330   
Legal Authority: 33 U.S.C. 1344   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Andy Beaudet
Regulatory Program Manager
Department of Defense
U.S. Army Corps of Engineers
441 G Street, NW, Attn: CECW-CO-R,
Washington, DC 20314
Phone:202 761-4614