Outreach and Engagement on CWA Section 401 Certification
Pursuant to the April 10, 2019 Executive Order on Promoting Energy Infrastructure and Economic Growth, the U.S. Environmental Protection Agency (EPA) engaged with states, authorized tribes, and relevant federal agencies to identify provisions that require clarification within Section 401 of the Clean Water Act (CWA) and related federal regulations and guidance. On June 1, 2020, the 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 CWA. The final rule became effective on September 11, 2020. EPA conducted outreach and engagement as described below to support the final Clean Water Act Section 401 Certification Rule.
On this page:
Final Rule Outreach
- EPA hosted a three-part webinar series for states and tribes to learn about the final rule and implementation considerations. Webinar presentations were recorded and are posted on EPA's webpage. This webinar series was open to states and tribes only.
- EPA hosted a follow-up webinar to answer questions that had previously been received during trainings. This webinar was open to states, tribes, and federal agency staff.
On June 17, 2020, EPA hosted a public webinar on the final rule. The webinar was recorded and is available for future viewing
The proposed rule published in the Federal Register on August 22, 2019. The public comment period closed on October 21, 2019. Comments are posted to Docket ID No. EPA-HQ-OW-2019-0405.
Federalism and Tribal Consultation
Consistent with Executive Order 13132 and Executive Order 13175, EPA consulted with states, local governments, and federally recognized tribes and tribal organizations while developing the Clean Water Act Section 401 Certification Rule. Additional materials related to the Agency’s consultation efforts are available in Docket ID No. EPA-HQ-OW-2019-0405.
- View Summary Reports on Consultation and Engagement with State and Local Governments, and Tribal Partners for the Clean Water Act Section 401 Rule
On August 20, 2019, EPA hosted a public webinar to help explain the key elements of the proposed “Updated Regulations on Water Quality Certifications” rule.
EPA held a public hearing session on the proposed “Updated Regulations on Water Quality Certifications” rule on September 5, 2019 and September 6, 2019 at the Salt Lake City Public Library, 210 E 400 S, Salt Lake City, Utah, 84111. A Federal Register notice for the public hearing was published with the proposed rule (Docket ID No. EPA-HQ-OW-2019-0405).
State and Tribal Listening Sessions
EPA held state and tribal listening sessions on the proposed “Updated Regulations on Water Quality Certifications” rule.
The first series of listening sessions took place at the Salt Lake City Public Library, 210 E 400 S, Salt Lake City, Utah, 84111. The tribal listening session was held on the afternoon of September 4, 2019. The state listening session was held on the morning of September 5, 2019.
The second series of listening sessions took place at EPA's Region 5 office at 77 West Jackson Boulevard, Chicago, Illinois 60604. The state listening session was held on the morning of September 16, 2019. The tribal listening session was held on the afternoon of September 16, 2019.
EPA requested pre-proposal recommendations from April 24 to May 24, 2019. Pre-proposal recommendations may be found in administrative docket EPA-HQ-OW-2018-0855.
EPA hosted a webinar for state and tribal representatives on April 17, 2019. View slides from the webinar.
EPA hosted a follow-up webinar for state and tribal representatives on May 8, 2019. View slides from the webinar.
Federalism and Tribal Consultation
EPA initiated federalism and tribal consultation on April 24, 2019. Federalism and tribal consultation concluded on May 24, 2019.