On July 13, 2020, the Environmental Protection Agency (EPA)
published the
Clean Water Act Section 401 Certification Rule. The rule is set
to become effective on September 11, 2020, and will introduce
comprehensive changes to the regulations governing how states and
authorized tribes certify water quality under Section 401 of the
Clean Water Act (CWA).
Under CWA Section 401, a federal agency may not issue permits
which might result in discharge into United States waters without
certification or waiver from the state or tribe where the discharge
originates. Section 401 thus equips states and tribes to protect
federally regulated waters within their borders by authorizing them
to certify that proposed discharges into United States waters
comply with the CWA.
