Updated 11/24/20
EPA implemented a new Clean Water Act Section 401 Certification Rule that took effect Sept. 11, 2020. This new federal rule has changed how we process requests for Section 401 water quality certifications.
Under EPA's rule, all applicants must first file a pre-filing meeting request at least 30 days before submitting a Section 401 water quality certification request.
To comply with EPA's new rule:
- Before submitting a Section 401 certification request, please request a pre-filing meeting with Ecology at least 30 days beforehand. We have developed a pre-filing request form to assist applicants.
- At least 30 days after submitting a pre-filing meeting request, applicants may then submit their entire Section 401 request, along with a 401 Request Form, to Ecology and the federal permitting agency.
- All Section 401 requests must meet the federal requirements in this table.
Applicants must submit their pre-filing meeting requests, Section 401 water quality requests, and any supporting documents to us electronically at ecyrefedpermits@ecy.wa.gov.
If you are having any difficulties accessing forms, please contact our Federal Permits Unit at ecyrefedpermits@ecy.wa.gov or 360-407-6076.
We are still working to understand how EPA's new rule might change other state review processes for Section 401 requests. We will be updating our web content and sending notifications as we work to comply with the new rule.
Please check back regularly for the latest updates.
When an applicant requests a license, either to re-license an existing dam or for new construction, we work with the utility to review studies, analyses, and plans.
If we determine that water quality standards are attainable, a 401 Water Quality Certification is issued, with conditions to ensure that the standards will be met. These conditions become part of the Federal Energy Regulatory Commission (FERC) license.