What is a 401 Certification?
According to the Clean Water Act (CWA) Section 401, a federal agency can’t issue a permit to discharge into regulated waters (waters of the US) unless a 401 certification is issued or waived. Commonly, the state, tribe, or governing body, or in the case of the District, DOEE (the certifying authority) is responsible for issuing the 401 certification and must act on the certification request in under one year.
When is a 401 Certification Required?
Some of the federal permits subject to Section 401 include:
- CWA Section 402 (National Pollutant Discharge Elimination System) permits, which are issued by EPA.
- CWA Section 404 (wetlands) permits, which are issued by the Army Corps of Engineers.
- Federal Energy Regulatory Commission (FERC) licenses for hydropower facilities and natural gas pipelines.
- Rivers and Harbors Act Section 9 and 10 permits.
What is Considered when a 401 Certification is Reviewed?
DOEE considers water quality standards, effluent limitations, pollutant restrictions, and other water quality requirements to determine the outcome of a 401 certification. We can approve, approve with conditions, deny, or waive 401 certification applications.
Where does EPA Post the Public Notices for the District’s NPDES Permits?
Before a National Pollutant Discharge Elimination System (NPDES) permit becomes final, EPA provides opportunities for the public to review and comment on the draft permit.
Opportunities to comment on EPA’s NPDES activities in the District are given in public notices found on EPA's website.
Where can I find NPDES Permits Issued in the District?
Individual NPDES Permits for facilities located in the District can be found on EPA's website.