EPA Proposes Changes (Again) to CWA Water Quality Certification Rule


Recently, the Environmental Protection Agency (EPA) issued a proposed rule to replace existing regulatory requirements for water quality certifications under Section 401 of the Clean Water Act (CWA).

As with many other recent changes in environmental regulations, these proposed changes were prompted by President Biden’s January 2021 Executive Order 13990, which directed EPA to review agency actions taken by the Trump administration. As noted in our July 13, 2020 alert, under the Trump administration EPA replaced prior water quality certification regulations that had been in place for nearly 50 years, effective September 2020 (the 2020 Rule).

Under the Biden administration, EPA reviewed the 2020 Rule and concluded that its provisions were inconsistent with the CWA’s statutory text, the legislative history of Section 401, and the water quality protection goals of the CWA.

Key proposed changes include:

Public comment on the proposal must be received on or before August 8, 2022. A virtual public hearing will be held on July 18, 2022 (with registration required by July 12, 2022).


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National Law Review, Volume XII, Number 175