On June 1, 2020, the EPA finalized the “Clean Water Act Section 401 Certification Rule” to implement the water quality certification process consistent with the text and structure of the CWA. The information about the rule is available here: Clean Water Act Section 401 Certification Rule | Overview of Certification under Section 401 of the Clean Water Act | US EPA
The Final Rule has the following specific requirements for obtaining the necessary water quality certification for a Section 404 permit:
- It is the responsibility of the proponent to request 401 certification from DEQ.
- The federal rule requires all project proponents to submit a pre-filing meeting request to DEQ at least 30 days prior to submitting a Section 401 Water Quality Certification request (certification request).
- After 30 days or later since requesting a prefiling meeting, a proponent may submit a certification request to DEQ and Tulsa District of Army Corps of Engineers.
For assistance with prefiling meeting request and/or certification request please contact the DEQ Watershed Planning section.
A $100 Fee is charged for DEQ Water Quality Certifications. This fee is paid to DEQ by the permit applicant. Upon receipt of a request for 401 certification review by a federal agency, DEQ will send a fee invoice to the permit applicant. DEQ’s certification review will not begin until the applicant’s payment has been received.
