On January 20, 2021, President Biden signed Executive Order 13990 directing federal agencies to review rules, including the Clean Water Act Section 401 Certification Rule, issued in the prior four years that are, or may be, inconsistent with the policy stated in the order. Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, Executive Order 13990, 86 FR 7037 (published January 25, 2021, signed January 20, 2021). Consistent with this Executive Order, EPA has completed its initial review of the Clean Water Act Section 401 Certification Rule and determined that it will propose revisions to the rule through a new rulemaking effort.
This consultation and coordination process will be conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes (https://www.epa.gov/tribal/forms/consultation-and-coordination-tribes). EPA invites you and your designated consultation representative(s) to participate in this process to ensure meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications. EPA’s anticipated timeline for the consultation and coordination period is expected to extend from June 7, 2021, to September 7, 2021.
The EPA contact person for this consultation and coordination process is Emma Maschal, Office of Wetlands, Oceans and Watersheds. Please do not hesitate to contact Emma Maschal at cwa401@epa.gov or 202-566-1156 should you have any questions about this action.
Information is also available on EPA’s Tribal Consultation Opportunities Tracking System at https://tcots.epa.gov.