Narrow CWA §401 certifications to discharge-only water-quality factors
Mandate wants a rule limiting Section 401 reviews to point-source discharges into navigable waters, specific CWA water-quality factors, and excluding speculative future-harm analysis that delays projects.
Mandate
Mandate Ch. 13 (EPA) — Office of Water: rule providing clarity on CWA Section 401 water quality certification to limit unnecessary delay—discharge-only approach with limited scope (point sources into navigable waters), assessing only water-quality factors consistent with specific CWA sections, excluding speculative analysis regarding future potential harm.
Undo plan
1) Preserve state §401 authority to condition certifications on water-quality impacts of federally licensed projects.
2) Set reasonable clocks without gutting review of downstream effects recognized by courts.
3) Increase transparency of certification conditions.
4) Coordinate with Corps/FERC licensing schedules.
5) Verify: certification processing times and water-quality outcomes.