Clean Water Act Section 401

Section 401 of the Clean Water Act empowers states to review permits to protect water quality.

Section 401 of the Clean Water Act is an important provision that allows states and authorized tribes to protect water quality by being empowered to review, issue, or deny federal permits and licenses for projects that may lead to discharges into waters of the United States. This provision represents a critical control point in the federal permitting process and ensures that federally authorized activities comply with the respective water quality standards and other relevant requirements of the states or tribes.

According to Section 401(a)(1) of the Clean Water Act, any applicant for a federal permit or license for activities that could result in a discharge into navigable waters must obtain certification from the state or tribe in which the discharge would occur. This certification confirms that the proposed discharge meets the applicable provisions of the Clean Water Act, including water quality standards and emission limits.

States and authorized tribes can grant certification with or without conditions, or they can deny it. In the case of a denial, the federal agency cannot issue the permit or license. This provision allows institutions to impose necessary conditions to ensure compliance with water quality standards and thus provide effective protection of local water resources.

The significance of Section 401 lies in strengthening collaboration between federal and state governments in environmental protection, ensuring that local water quality standards are maintained even in times of national infrastructure and development projects.