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CWA Section 401 Certification

Final Rule: Clean Water Act Section 401 Certification Rule

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 became effective on September 11, 2020.

Final Rule

Additional Materials