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EPA/OW | RIN: 2040-AF86 | Publication ID: Fall 2020 |
Title: Clean Water Act Section 401 Certification Rule | |
Abstract:
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 final rule in July 2020 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. |
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Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
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 |
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Timetable:
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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 Email: kasparek.lauren@epa.gov |