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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.