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May 27, 2025 - The Rural County Representatives of California (RCRC) reports on May 22, the U.S. Environmental Protection Agency (EPA) issued a memorandum clarifying the specific and limited role of States and Tribes in the federal licensing and permitting processes under Section 401 of the Clean Water Act (CWA). The EPA reiterates its position that States and Tribes must utilize Section 401 only for its statutory purpose – to protect water quality.
Specifically, the memorandum clarifies that a State or Tribe’s evaluation is limited to considering negative impacts to water quality, and only such impacts that prevent compliance with applicable water quality requirements. The memorandum indicates that this direction is consistent with all prior regulations and guidance documents for Section 401 certification.
The EPA intends to use a forthcoming Federal Register notice and docket to obtain public input on implementation challenges and regulatory uncertainty related to the 2023 Rule’s scope of certification. The agency will address such challenges and uncertainty through additional future guidance or rulemaking.
ABOUT RURAL COUNTY REPRESENTATIVES OF CALIFORNIA (RCRC)
The Rural County Representatives of California (RCRC) is a thirty-seven member county strong service organization that champions policies on behalf of California’s rural counties. RCRC is dedicated to representing the collective unique interests of its membership, providing legislative and regulatory representation at the State and Federal levels, and providing responsible services for its members to enhance and protect the quality of life in rural California counties. To learn more about RCRC, visit rcrcnet.org and follow @RuralCounties on Twitter, Facebook and Instagram.
Source: RCRC