Western States Water Council

A Voice for Water in the West 


Clean Water Act Section 401 Certification Rule

On August 2, the Environmental Protection Agency (EPA) closed the comment period for its Intention to Reconsider and Revise the Clean Water Act Section 401 Certification Rule (Docket #EPA-HQ-OW-2021-0302-0001). EPA’s notice of intent indicated that its revisions would be done “in a manner that is well informed by stakeholder input on the rule’s substantive and procedural components; is better aligned with the cooperative federalism principles that have been central to the effective implementation of the Clean Water Act; and is responsive to the national objectives outlined in President Biden’s Executive Order 13990.”

On August 2, the WSWC submitted a transcript of the listening session between its members and EPA. Additionally, WGA and several member states submitted comments. A selection of those comments are included below.

WSWC 401 Listening Session Transcript

WGA 401 Comments

Alaska Department of Environmental Conservation
Colorado Department of Public Health and Environment
Idaho Department of Environmental Quality
Nevada Division of Environmental Protection
North Dakota Department of Environmental Quality
Oklahoma Energy and Environment
Oregon Department of Environmental Quality
Texas Commission on Environmental Quality
Utah Department of Environmental Quality

Washington Department of Ecology
Wyoming Department of Environmental Quality

Attorneys General of CA OR CO NM
Attorneys General of ID WA CO NM SD HI