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Clean Water Act (CWA) section 401 provides States and Tribes with a powerful tool to protect the quality of their waters from adverse impacts resulting from federally licensed or permitted projects. Under section 401, a federal agency may not issue a license or permit to conduct any activity that may result in any discharge into navigable waters, unless the State or Tribe where the discharge would originate either issues a section 401 water quality certification finding “that any such discharge will comply with the applicable provisions of sections 301, 302, 303, 306, and 307” of the CWA, or certification is waived. EPA promulgated implementing regulations for water quality certification prior to the passage of the CWA in 1972, which created section 401. In June 2020, EPA revised these regulations, titled “Clean Water Act section 401 Certification Rule.” In accordance with Executive Order 13990, the EPA has completed its review of the June 2020 regulation and determined that it will propose revisions to the rule through a new rulemaking effort.

Statement of Need: To be determined.

Summary of the Legal Basis: To be determined.

Alternatives: To be determined.

Anticipated Costs and Benefits: To be determined.

Risks: To be determined.