EPA announced its proposed rule to update the regulatory requirements for water quality certification under Clean Water Act (CWA) section 401. EPA’s proposed rule is a key milestone in the regulatory process announced in May 2021 to revise the 2020 CWA Section 401 Certification Rule. The proposal would strengthen the authority of states, territories, and tribes to protect their vital water resources while supporting an efficient, predictable, and common-sense certification process.
The Agency is taking comment on this proposed rule for 60 days beginning on the date it is published in the Federal Register. They will also be hosting a virtual public hearing on July 18, 2022. Additionally, the Agency will be hosting a series of stakeholder and co-regulator focused listening sessions over the summer. For more information on submitting written comment on the proposal or to register for the virtual public hearing on the proposed rule, see www.epa.gov/cwa-401.
Links to the documents can be found at https://www.epa.gov/cwa-401/proposed-clean-water-act-section-401-water-quality-certification-improvement-rule