88 FR 66558
EPA revised and replaced the 2020 regulatory requirements for water quality certification under CWA §401.
EPA revised and replaced the 2020 regulatory requirements for water quality certification under CWA §401.
The Department of Health and Environment seeks comment on its draft CWA §401 water quality certification. Comments are due April 18, 2021. See https://sos.ks.gov/publications/Register/Volume-40/Issues/Issue%2011/03-18-21-48947.html.
The Department of Environmental Protection proposed state water quality certification for discharges of dredged and fill materials into waters of the Commonwealth. Comments are due November 30, 2020. See http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol50/50-44/1496.html.
The Department of Health and Environment proposed its CWA §401 water quality certification for the draft 2020 §404 nationwide permits issued by the U.S. Army Corps of Engineers. Comments are due November 30, 2020. See https://sos.ks.gov/publications/register/2020/Vol_39_No_44_October_29_2020_pages_1347-1366.pdf (p. 1356).
EPA updated and clarified substantive and procedural requirements for water quality certification under §401 of the CWA.
Section 401 certification and permit conditioning under the Clean Water Act is one of the most significant tools for states to influence federally permitted activities involving discharges into navigable waters. However, states are required to set conditions within one year or they forgo their ability to do so. In practice, the one-year review is difficult for states to meet and led to a common practice known as “withdraw and resubmit” in which states could reset the clock. But in Hoopa Valley Tribe v. Federal Energy Regulatory Comm’n, the D.C. Circuit unanimously struck down this practice. Because the U.S. Supreme Court denied review, states now have one calendar year to issue their water quality certifications and decide if any conditions should be included. On March 17, 2020, the Environmental Law Institute hosted an expert panel that explored the ramifications of the Hoopa decision on states and §401 permit applicants. Below, we present a transcript of the discussion, which has been edited for style, clarity, and space considerations.
The Nebraska Environmental Quality Council proposed amendments to Rules and Regulations on 401(1)(A) Certification. The proposed amendments would, among other things, make public notice requirements consistent with federal notice requirements, and update, simplify, and modernize duplicative language. Hearings will be held November 15, 2018, and November 16, 2018. Comments are due November 14, 2018. See https://www.nebraska.gov/nesos/rules-and-regs/regtrack/proposals/1903.p….