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Section 401 Certification and Wetlands

Section 401 Certification and Wetlands This fact sheet describes State and eligible Tribal authority under Section 401 of the Clean Water Act (CWA). It also discusses how EPA can assist States and Tribes in taking more active roles in making wetland decisions and how States and Tribes can use their water quality standards in Section 401 certifications to protect wetlands. State/Tribal Authority under Section 401 Under Section 401, States and Tribes can review and approve, condition, or deny all Federal permits or licenses that might result in a discharge to State or Tribal waters, including wetlands. The major Federal licenses and permits subject to Section 401 are Section 402 and 404 permits (in nondelegated States), Federal Energy Regulatory Commission (FERC) hydropower licenses, and Rivers and Harbors Act Section 9 and 10 permits. States and Tribes may choose to waive their Section 401 certification authority. States and Tribes make their decisions to deny, certify, or condition permits or licenses primarily by ensuring the activity will comply with State water quality standards. In addition, States and Tribes look at whether the activity will violate effluent limitations, new source performance standards, toxic pollutants, and other water resource requirements of State/Tribal law or regulation.

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Date Of Record Release 2009-05-17 12:32:08
Description Section 401 Certification and Wetlands This fact sheet describes State and eligible Tribal authority under Section 401 of the Clean Water Act (CWA). It also discusses how EPA can assist States and Tribes in taking more active roles in making wetland decisions and how States and Tribes can use their water quality standards in Section 401 certifications to protect wetlands. State/Tribal Authority under Section 401 Under Section 401, States and Tribes can review and approve, condition, or deny all Federal permits or licenses that might result in a discharge to State or Tribal waters, including wetlands. The major Federal licenses and permits subject to Section 401 are Section 402 and 404 permits (in nondelegated States), Federal Energy Regulatory Commission (FERC) hydropower licenses, and Rivers and Harbors Act Section 9 and 10 permits. States and Tribes may choose to waive their Section 401 certification authority. States and Tribes make their decisions to deny, certify, or condition permits or licenses primarily by ensuring the activity will comply with State water quality standards. In addition, States and Tribes look at whether the activity will violate effluent limitations, new source performance standards, toxic pollutants, and other water resource requirements of State/Tribal law or regulation.
Classification
Resource Type
Format
Subject
Source United States Environmental Protection Agency
Keyword Clean Water Act (CWA), Wetlands, Permits, Licenses, Federal Energy Regulatory Commission (FERC), States, Tribal
Selector Marks
Date Of Record Creation 2009-05-17 12:18:06
Education Level
Date Last Modified 2009-05-17 12:32:09
Language English
Date Record Checked: 2009-05-17 00:00:00 (W3C-DTF)

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