Clean Water Act Section 401 Water Quality Certification Improvement Rule (Final)
Sep. 27, 2023
Following careful reconsideration of the water quality certification rule the EPA is finalizing a rule revising and replacing the 2020 regulatory requirements for water quality certification under CWA section 401. This final rule updates the existing regulations to better align with the statutory text and purpose of the CWA; to clarify, reinforce, and provide a measure of consistency with elements of section 401 certification practice that have evolved over the more than 50 years since EPA first promulgated water quality certification regulations; and to support an efficient and predictable certification process that is consistent with the water quality protection and cooperative federalism principles central to CWA section 401. An Executive order signed on January 20, 2021, entitled "Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis," directed the Agency to review the water quality certification rule EPA promulgated in 2020, and this final rule culminates that review. The Agency is also finalizing conforming amendments to the water quality certification regulations for EPA-issued NPDES permits. This action is effective on 27 November 2023. POC is Lauren Kasparek, Office of Water (4504–T), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: 202–564–3351; email: cwa401@epa.gov. (Federal Register 27 September 2023 [Final] Pages 66558-66666)