What is Section 401 of the Clean Water Act and who issues it?

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Multiple Choice

What is Section 401 of the Clean Water Act and who issues it?

Section 401 is the water quality certification requirement that applies whenever a federal license or permit could result in a discharge into navigable waters. The key idea is that the state or an authorized tribe must certify that the proposed discharge will meet the state's water quality standards and any other applicable requirements before the federal permit can be issued. The authority to issue this certification lies with the state government or with an authorized tribal government, not with the federal EPA, Congress, or the Army Corps. The certification process gives states and tribes a gatekeeping role, allowing them to attach conditions to ensure compliance with water quality standards, and the federal agency must wait for that certification or waiver before finalizing the permit.

Section 401 is the water quality certification requirement that applies whenever a federal license or permit could result in a discharge into navigable waters. The key idea is that the state or an authorized tribe must certify that the proposed discharge will meet the state's water quality standards and any other applicable requirements before the federal permit can be issued. The authority to issue this certification lies with the state government or with an authorized tribal government, not with the federal EPA, Congress, or the Army Corps. The certification process gives states and tribes a gatekeeping role, allowing them to attach conditions to ensure compliance with water quality standards, and the federal agency must wait for that certification or waiver before finalizing the permit.

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