EPA proposes changes to Clean Water Act Section 401 to streamline water quality certification

The U.S. Environmental Protection Agency has proposed a rule to revise Clean Water Act Section 401, aiming to refocus the water quality certification process on its statutory purpose while reducing permitting delays for infrastructure and development projects that can affect stormwater and surface waters.

According to EPA, the proposal would roll back a 2023 rule that expanded the scope and timelines of Section 401 reviews, which the agency says created uncertainty and delays for energy, transportation, and other critical infrastructure projects. The revised approach would standardize certification procedures, reinforce statutory decision timelines, and clarify the roles of states and authorized tribes in reviewing water quality impacts.

“Today’s proposal restores the Clean Water Act to its intended purpose, protecting America’s water quality and ending the weaponization of the law that has been obstructing infrastructure and energy projects vital to our nation’s economy,” said EPA Administrator Lee Zeldin in an EPA press release. “By returning Section 401 to its clear statutory boundaries, we’re strengthening the role of state and tribal partners while ensuring environmental protections are implemented lawfully, efficiently, and consistent with congressional intent.”

Once published in the Federal Register, the proposed rule will be open for a 30-day public comment period. EPA said it plans to review comments quickly and finalize the rule in spring 2026.