U.S. EPA Finalizes AGC-Supported Proposal to Add Clarity to State Water Quality Certifications

June 4, 2020

On June 1, the U.S. Environmental Protection Agency (EPA) finalized an AGC-supported rule to update and clarify its regulations on state water quality certifications 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 new rule refines the scope of the certification review to those water quality concerns at the “point source” and sets timelines to ensure the process does not become overly protracted. These changes will streamline environmental permitting for infrastructure projects. 

The rule will go into effect 60 days after publication in the Federal Register. Read the final text and fact sheets on EPA’s website at

For more information, contact Melinda Tomaino at

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