On August 8, 2019 the U.S. Environmental Protection Agency Administrator, Andrew Wheeler, signed a proposed rule titled Updating Regulations on Water Quality Certification. This proposed rule includes proposed regulation changes to Section 401 water quality certification process, scope and timing for states and tribes (and EPA where tribes do not have treatment as a state). Please see the links below for information on this action. Instructions for timing and submitting comments are provided on the proposed rule.
Proposed rule: https://www.epa.gov/cwa-401/proposed-rule-updating-regulations-water-quality-certification-0
Press release: https://www.epa.gov/newsreleases/administrator-wheeler-issues-proposed-rule-clean-water-act-quality-certification
Fact sheet: https://www.epa.gov/cwa-401/overview-updated-regulations-water-quality-certification
More information about outreach: https://www.epa.gov/cwa-401/outreach-and-engagement-cwa-section-401-certification
Please note the upcoming in-person state/tribal listening sessions:
- Salt Lake City Public Library, 210 E 400 S, Salt Lake City, UT
- September 4, 2019: 1 pm – 5 pm (tribal)
- September 5, 2019: 9am – 12 pm (state)
- S. EPA Region 5, 77 W. Jackson Blvd., Chicago, Illinois (12th floor conference center – Lake Superior Room)
- September 16, 2019: 8:30 am – 12:30 pm (state) [tentative]
- September 16, 2019: 1:30 pm – 5:30 pm (tribal) [tentative]
These meetings are to be in-person only. If you are interested in attending one of these meetings, please request to do so by sending an email to cwa401@epa.gov. Registration and logistical information will be sent to those who contact that email address. If you cannot attend one of these in person, there will be an outreach webinar on August 20, 2019, 1-2pm ET (see above link on outreach).
If you have questions about the proposed rule, EPA Region 10 contacts are:
- Linda Storm, storm.linda@epa.gov or 206-553-6384 for 401 water quality certifications on tribal lands for CWA 404 (U.S. Army Corps of Engineers dredge and fill permits) and FERC licenses; and
- Susan Poulsom, poulsom@susan@epa.gov or 206-553-6258 for 401 water quality certifications on tribal lands for CWA 402 (National Pollutant Discharge Elimination System permits)
- Otherwise the primary point of contact Lauren Kasparek, Oceans, Wetlands, and Communities Division, Office of Water (4504-T), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460; telephone number: (202) 564-3351; email address: cwa401@epa.gov.