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
- Fact Sheet: Overview of the Clean Water Act Section 401 Certification Rule
- Fact Sheet: Frequently Asked Questions
- Economic Analysis: Economic Analysis for the Clean Water Act Section 401 Certification Rule
- Federalism Report: Summary Report on Consultation with State and Local Governments for the Clean Water Act Section 401 Certification Rule
- Tribal Consultation Report: Summary Report of Tribal Consultation and Engagement for the Clean Water Act Section 401 Certification Rule
- Docket: See Docket ID No. EPA-HQ-OW-2019-0405 for additional information
- Public Outreach: Outreach and Engagement
- Public Webinar: On June 17, 2020 at 2:00pm (Eastern Daylight Time), the EPA hosted a public webinar on the final rule. The webinar was recorded and has been posted on this website for future viewing. View Public Webinar Slides and Recording for the Clean Water Act Section 401 Certification Rule.