Policy Alert: EPA Proposes New Rules to Implement Clean Water Act’s State Water Quality Certification Program
By Brittany Schieler Quick overview: The EPA proposed changes to implementation of Section 401 of the Clean Water Act (Docket ID No. EPA-HQ-OW-2019-0405) which will significantly restrict a state or tribe’s authority in certifying infrastructure projects that will impact its waters and watershed habitat. On August 8th the Environmental Protection Agency (EPA) proposed changes to implementation of Section 401 of the Clean Water Act (CWA), which were officially entered into the Federal Register on August 22, 2019 (Docket ID No. EPA-HQ-OW-2019-0405). Section 401 requires state (or tribal) water quality certification for federal permits on infrastructure projects that, “may …