AGC Supports EPA Proposal to Add Clarity to State Water Quality Certifications

October 28, 2019

On Oct. 21, AGC expressed support for the U.S. Environmental Protection Agency’s (EPA) proposal to update and clarify its regulations on water quality certification under the Clean Water Act (CWA). This is welcome news as many AGC members perform construction activities on land and water that require section 401 water quality certification before proceeding, such as work that relies on a federal dredge and fill permit. The current 401 process can be protracted and bogged down by an overly broad scope resulting in unrelated and/or onerous conditions placed on federal permits. EPA’s proposed rule seeks to refine the scope of the certification review to those water quality concerns at the “point source” and to ensure the process adheres to a defined timeline. AGC supports the proposal, which will add clarity and focus to streamline the process. Providing regulatory clarity is one step in reducing roadblocks in the environmental review and approval process for infrastructure projects.

For more information, contact Melinda Tomaino at

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