Description/Purpose
The Section 401 Water Quality Certification certifies that activities authorized by certain federal permits and licenses meet state water quality standards. This helps to protect the state’s surface waters such as estuaries, wetlands, lakes, rivers, and streams.
Issuance of a Section 401 Certification means that Ecology, Tribes with treatment as a state (TAS), or the Environmental Protection Agency (EPA) has reviewed the applicant's project and has determined if the project will comply with state or federal water quality standards.
Triggers and activities which would require this certification
You must request a Section 401 Certification to conduct any activity that might result in any discharge into waters or non-isolated wetlands or excavation in water or non-isolated wetlands (including dredge or fill material) into waters of the United States.
Categories of 401 Water Quality certifications
FERC hydropower re-licenses: Ecology works with the Federal Energy Regulatory Commission (FERC) to re-license existing dams or license new construction for hydropower dams. When an applicant requests a certification for a hydropower license, Ecology works with the utility or project proponent and review the applicable studies, analyses, and plans. If Ecology determines that water quality standards are attainable, a 401 certification is issued with appropriate conditions to make sure that environmental standards will be met. These conditions become part of the new FERC license.
US Army Corps of Engineers permits: All projects affecting navigable and protected waters in Washington state, as defined by the federal government, are subject to Section 401 water quality certification. These waters include coastal and marine environments, rivers, streams, lakes, wetlands, etc. This provides a strong opportunity to protect and enhance water quality, aquatic species and habitats, water resources, coastal resources, floodplains, and other environmental elements. This process excludes hydropower re-licenses and NPDES-related projects.
EPA and Tribal NPDES permits: EPA and Tribal governments use National Pollutant Discharge Elimination System (NPDES) permits ensure water quality and to limit the quantity of wastewater and stormwater discharge into surface waters like rivers, lakes, and streams. We write NPDES permits for all non-federal discharges in the state, except those on federal and tribal lands.
Notes / Comments
Where can I apply for this certification?
Please see the Clean Water Act – Section 401 Water Quality Certifications web page for detailed information on how to request a 401 water quality certification.
Per the EPA rule an applicant is required to submit a request for certification. Ecology has developed a form that applicants will also need to submit with their request for certification. The form is available on the Clean Water Act — Section 401 Water Quality Certifications web page.
Who issues this certificate:
- Department of Ecology for all waters of the U.S. (including wetlands) that are not on tribal lands.
- U.S. Environmental Protection Agency for all waters and wetlands on tribal lands where tribes do not have EPA approved treatment as a state.
- Tribes with EPA approved treatment as a state (TAS). There are currently ten tribes in Washington with TAS: Confederated Tribes of the Colville Reservation, Confederated Tribes of the Chehalis Reservation, Kalispel Indian Community, Lummi Tribe, Makah Indian Nation, Port Gamble S’Klallam Tribe, Jamestown S'Klallam Tribe, Quinault Indian Nation, Puyallup Tribe of Indians, Spokane Tribe of Indians, Swinomish Indian Tribal Community, and Tulalip Tribes.
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