A certifying authority may waive certification expressly, or by failing or refusing to act within the established reasonable period of time. The CWA provides that certifying authorities (states, authorized tribes, and EPA) must act on a Section 401 certification request "within a reasonable period of time (which shall not to exceed one year) after receipt" of such a request. Rivers and Harbors Act Section 9 and 10 permits.Federal Energy Regulatory Commission (FERC) licenses for hydropower facilities and natural gas pipelines, and.Clean Water Act Section 402 and 404 permits issued by EPA or the Corps,.Some of the major federal licenses and permits subject to Section 401 include: In cases where a state or tribe does not have authority, EPA is responsible for issuing certification. States and authorized tribes where the discharge would originate are generally responsible for issuing water quality certifications.
Under Section 401 of the Clean Water Act (CWA), a federal agency may not issue a permit or license to conduct any activity that may result in any discharge into waters of the United States unless a Section 401 water quality certification is issued, or certification is waived.
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