Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

U.S. EPA Finalizes Amendments to Rules Governing CWA 401 Water Quality Certification Process

By Ryan Elliott on June 4, 2020
Email this postTweet this postLike this postShare this post on LinkedIn

On June 1, 2020, U.S. EPA finalized amendments to the rules governing the Clean Water Act (CWA) Section 401 water quality certification (WQC) process, which had not been updated since 1971. The final amendments establish a more robust framework for the WQC process which is intended, in large part, to ensure that certifying agencies take action on a certification request “within a reasonable period of time…which shall not exceed 1 year from receipt” of the request, as required under the CWA. The final amendments have implications for any project triggering the WQC requirement (e.g. construction projects requiring a CWA 404 wetland permit).

Ambiguities in the previous WQC rules often caused significant delays in the certification process. In an effort to remedy those ambiguities and provide more regulatory certainty, U.S EPA’s amendments create several new provisions in the WQC rules (40 CFR Part 121), including rules that specify when a certification is required; require a project proponent to request a pre-filing meeting with the certifying agency at least 30 days prior to submitting the certification request; enumerate specific project details and other information that must be included in a certification request; define the scope of and time frame for the certifying agency’s review of a certification request; and clarify other procedural aspects of the WQC process. The final amendments also define new terms including, “certification request,” “discharge,” “reasonable period of time,” “receipt” (of a certification request), and “water quality requirements.”

A pre-publication version of the final amendments to the CWA 401 WQC rules is available here. The amendments become effective 60 days after publication in the Federal Register.

  • Posted in:
    Environmental and Climate
  • Blog:
    Energy & Environmental Law Blog
  • Organization:
    Vorys, Sater, Seymour and Pease LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo