Clean Water Act Section 401 Certification Rule –
State and Tribal Webinar Series
On June 1, 2020, EPA finalized the Clean Water Act Section 401 Certification Rule to implement the water quality certification process consistent with the text and structure of the Clean Water Act (CWA). The final rule establishes procedures that promote consistent implementation of CWA section 401 and regulatory certainty in the federal licensing and permitting process. The final rule also, for the first time, provides a holistic analysis of the statutory text, legislative history, and relevant case law informing implementation of CWA section 401. The final rule will become effective on September 11, 2020.
The EPA is hosting a three-part webinar series for states and tribes to learn about the final rule and implementation considerations. Please note that this webinar series is open to states and tribes only. Webinar presentations will be recorded and posted on EPA’s CWA 401 website at https://www.epa.gov/cwa-401/outreach-and-engagement-cwa-section-401-certification, and webinars will include time for Questions and Answers.
Registration for the webinar series is available at https://horsleywittenevents.webex.com/horsleywittenevents/onstage/g.php?PRID=b4828ab1fd5a181b58b4a1467bf0cdc0, or you can register for individual webinars using the links below. If you have any questions about the webinar series, please email cwa401@epa.gov.
State and Tribal Webinar 1
August 25, 2020, 3:30-5:00 pm EDT
This webinar focuses on when a water quality certification is required, pre-filing meeting requests and certification requests, and the reasonable period of time for certification decision-making.
Registration link:
State and Tribal Webinar 2
September 1, 2020, 1:30-3:00 pm EDT
This webinar focuses on the scope of analysis for certification decisions and the required elements of certification decision documents.
Registration link:
State and Tribal Webinar 3
September 9, 2020, 3:30-5:00 pm EDT
This webinar focuses on the neighboring jurisdiction notification and coordination process under CWA section 401(a)(2), as well as enforcement of certification conditions and modifications to certifications.
Registration link: