Clean Water Act Section 401 – Summary of ACWA State Survey Responses

To better understand what aspects of Section 401 can be improved to more effectively and efficiently protect the nation’s waters, ACWA has gathered information from state clean water regulators regarding their experiences in the Section 401 water quality certification process. Reponses were received from officials from 24 states, largely demonstrating that: (i) CWA Section 401 certification denials are minimal; (ii) delays in certification – while rare – are largely due to applicants’ submittal on incomplete applications or other federal statutory requirements (e.g., National Environmental Policy Act, Endangered Species Act), rather than state certification processes; and (iii) that states have taken a variety of steps to promote timely, transparent, and scientifically-supported water quality certification determinations. The following is a summary of state responses to 12 questions covering a broad spectrum of issues relating to CWA Section 401 state certification processes.