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EPA Proposes Major Changes to 401 Water Quality Certification

The EPA has published a proposed rule to update substantive and procedural requirements for 401 Water Quality Certifications. The changes aim to clarify the regulatory framework for projects impacting water resources.

8/14/2026Source: Williams Mullen

The U.S. Environmental Protection Agency recently introduced a proposed rule to revise the 401 Water Quality Certification process. This certification is a critical component of federal permitting for projects that may result in discharges into navigable waters.

The proposed updates seek to provide greater clarity on the procedural timelines and substantive requirements for states and tribes when reviewing permit applications. These changes are intended to streamline the certification process while maintaining environmental protections.

Industry stakeholders are currently reviewing the proposal to understand the potential impacts on infrastructure project timelines. The EPA is expected to move through the formal rulemaking process following the public comment period.

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