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Clean Water Act Section 401(a)(2) Federal Agency Notification
<strong>Please fill out the following information to provide EPA with notification pursuant to Clean Water Act (CWA) Section 401(a)(2).</strong> <ul> <li>Fields marked with an asterisk (*) are mandatory fields. If an asterisk-marked field is left blank, you will not be able to submit the information.</li> </ul> <p><strong>Notification under CWA Section 401(a)(2):</strong></p> In accordance with <a target="_blank" href="https://www.ecfr.gov/current/title-40/part-121#p-121.12(a)">40 CFR 121.12(a)</a>, the federal licensing or permitting agency must provide EPA with written notification within <strong>five days</strong> of receiving both the federal license or permit application and either a certification or waiver. <ul> <li>The contents of the federal agency notification are defined at <a target="_blank" href="https://www.ecfr.gov/current/title-40/part-121#p-121.12(a)">40 CFR 121.12(a)</a>.</li> <li>Within 30 days after EPA received notice in accordance with <a target="_blank" href="https://www.ecfr.gov/current/title-40/part-121#p-121.12(a)">40 CFR 121.12(a)</a>, EPA shall determine whether a discharge from the project may affect water quality in a neighboring jurisdiction. <a target="_blank" href="https://www.ecfr.gov/current/title-40/part-121#p-121.13(a)">40 CFR 121.13(a)</a>.</li> <li>EPA will contact the federal agency POC included in the information below if EPA determines that a discharge from the project may affect water quality in a neighboring jurisdiction. <a target="_blank" href="https://www.ecfr.gov/current/title-40/part-121#p-121.13(b)">40 CFR 121.13(b)</a>.</li> </ul> EPA must receive notification for <strong>each</strong> federal license or permit and respective certification or waiver pursuant to CWA Section 401(a)(2). <ul> <li>For example, if a project requires multiple federal licenses or permits, each federal agency is responsible for individually notifying EPA pursuant to CWA Section 401(a)(2).</li> <li>Similarly, if a federally licensed or permitting project requires certification from different certifying authorities, the federal agency must notify EPA for each certification or waiver pursuant to CWA Section 401(a)(2).</li> </ul> <strong>Questions:</strong> <ul> <li>If you have issues with this page or general questions about this page, please contact <a href="mailto:cwa401@epa.gov">cwa401@epa.gov</a>. <ul><li style="line-height: 0rem; margin-bottom: 10px;">Please see <a target="_blank" href="https://www.epa.gov/cwa-401">the CWA 401 website</a> for more information on using this page.</li></ul></li> <li>If you have specific questions about the contents to include for a specific project, please contact the <a target="_blank" href="https://www.epa.gov/cwa-401/forms/contact-us-about-cwa-section-401-certification">EPA Regional point of contact</a> for the <a target="_blank" href="https://www.epa.gov/aboutepa/visiting-regional-office">EPA Region where the project is located</a>.</li> </ul> <p><strong>Additional information:</strong></p> Please visit the following links for more information about <a target="_blank" href="https://www.epa.gov/cwa-401">CWA Section 401</a>, for a copy of the statutory text (<a target="_blank" href="https://www.govinfo.gov/content/pkg/USCODE-2021-title33/pdf/USCODE-2021-title33-chap26-subchapIV-sec1341.pdf">33 U.S.C. 1341</a>), and for a copy of the regulatory text (<a target="_blank" href="https://www.ecfr.gov/current/title-40/part-121">40 CFR 121</a>). <br> <br>
Federal License or Permit Identifier
Project Name
(Value Required)
Please enter the title and/or name of the project subject to this federal license or permit. Include general location information along with project type and/or permit number, e.g., "NAE-2002-02617 Shoreline Stabilization in Tampa, FL".
Name of Federal Agency POC
(Value Required)
Please enter the name of the federal licensing or permitting agency's point of contact that EPA may reach out to regarding this notification (e.g., John Doe).
Contact Information for Federal Agency POC
(Value Required)
Please enter the e-mail address for the federal licensing or permitting agency's point of contact (e.g., Doe.John@epa.gov). Please use a federal agency e-mail address (e.g., ending in ".gov").
Name of Federal Licensing or Permitting Agency
(Value Required)
Coast Guard
Corps
EPA
FERC
NRC
TTB
TVA
USBR
USFS
Other
Please enter the name of the federal licensing or permitting agency providing notification to EPA pursuant to Clean Water Act Section 401(a)(2).
Other Agency
(Value Required)
Please enter the name of the federal licensing or permitting agency providing notification to EPA pursuant to Clean Water Act Section 401(a)(2).
Federal License or Permit Type
(Value Required)
Civil Works
Emergency Authorization
IP
LOP
NWP
RGP/SPGP
Please select the type of federal license or permit from the drop-down menu; for Corps Civil Works projects, please select "Civil Works".
Federal License or Permit Type
(Value Required)
Please enter the type of federal license or permit, including an indication of whether it is a general or individual license or permit (e.g., CWA Section 402 Pesticide General Permit).
Corps Permit Number
Please enter the Corps Permit Number, if available, as follows: Corps District – Year – Number (e.g., ABC-2024-12345).
Docket ID Number
Please enter the FERC Docket Number if available.
Is the certification or waiver on the issuance of a general permit or for a specific project?
(Value Required)
Issuance of a General Permit
Specific Project
Please select whether the certification or waiver in this notification applies to the issuance of a general permit or applies to a specific project (e.g., a certification on a project authorized under a NWP where the certifying authority denied certification on the issuance of the specific NWP).
Project Location
Latitude
(Value Required)
° North
Longitude
(Value Required)
° West
Please provide the latitude and longitude in decimal degrees to at least four places, e.g., 38.8925, -77.0303, for the midpoint of the planned project site.
If there are multiple locations on the planned project site, click
Add More Locations
below.
Latitude:
Longitude:
Latitude:
Longitude:
Latitude:
Longitude:
Latitude:
Longitude:
Add More Locations
EPA Region
(Value Required)
Region 1
Region 2
Region 3
Region 4
Region 5
Region 6
Region 7
Region 8
Region 9
Region 10
Map of EPA Regions
Please select the
EPA Region
where the project is located from the drop down menu.
Additional Information about the Project Location
Include any additional information that may be important for understanding the project location (i.e., the city where the project is located; whether the project is linear or spans over a larger area; if the project has several coordinates; etc.).
Project Information
Certifying Authority
(Value Required)
State
Tribe with TAS
EPA
Please select the certifying authority for the certification or waiver subject to this notification.
Name of the Tribe or Land of Exclusive Federal Jurisdiction in Relevant Respects
(Value Required)
Please enter the name of the Tribe or Land of exclusive federal jurisdiction in relevant respects. Lands of exclusive federal jurisdiction in relevant respects are areas where the federal government has exclusive jurisdiction in relevant respects. EPA acts as the certifying authority in situations where any discharge from any activity subject to section 401 certification originates where states lack authority for certification pursuant to Section 401. For more information on lands of exclusive federal jurisdiction in relevant respects and CWA Section 401,
please see the 2023 Rule preamble
.
Name of Certifying State
(Value Required)
Name of Certifying Tribe
(Value Required)
Water Quality Certification Decision
(Value Required)
Grant of certification
Grant of certification with conditions
Waiver of certification (Explicit)
Waiver of certification (Passage of Time)
Project Summary
(Value Required)
0
Please provide a general description of the proposed project, including the nature of any discharge and the size and scope of activity.
The nature of any discharge refers to the characteristics and properties of any discharge being released into waters of the United States.
The size and scope of activity refers to the extent, scale, and nature of the activity that is being proposed and that may result in discharges into waters of the United States.
Other Information about the Project
Please enter any additional information about this project that you would like to include. For example, noting whether the activity is an emergency project or otherwise needs to be expedited; noting relevant timing information related to other processes (e.g., NEPA-related deadlines); and noting whether there are multiple federal licenses or permits associated with the project.
If you have any maps for this project, please upload them in the following Documents section of this page.
Is the Federal Agency Aware of Any Neighboring Jurisdiction(s) Providing Comment about the Project?
(Value Required)
Yes
No
If the Federal agency is aware that a neighboring jurisdiction provided comment about the project, it shall include a copy of those comments in the notification. 40 CFR 121.12(a)(2). Neighboring jurisdiction means any state, or Tribe with treatment in a similar manner as a state for Clean Water Act section 401 in its entirety or only for Clean Water Act section 401(a)(2), other than the jurisdiction in which the discharge originates or will originate. 40 CFR 121.1(g).
Any neighboring jurisdiction comments about the project should be uploaded in the following Documents section of this page.
Name of Neighboring Jurisdiction(s) Providing Comment about the Project
(Value Required)
Please include the name(s) of any neighboring jurisdiction that provided comment about the project.
Documents
<div style="font-size: 1.3rem; font-weight:normal !important"> <p><strong>Please upload a copy of or include a link to the following documents.</strong></p> <ol> <li>The water quality certification or waiver;</li> <li>The federal license or permit application;</li> <li>The neighboring jurisdiction's comment (as applicable); and</li> <li>Any other information about the project (as applicable).</li> </ol> <p>In instances where a certifying authority <strong style="color: #0071bc;">waives by failing or refusing to act on a request for certification within the reasonable period of time</strong>, the federal agency should upload a copy of the notification it provided to the certifying authority and project proponent pursuant to <a target="_blank" href="https://www.ecfr.gov/current/title-40/part-121#p-121.9(b)">40 CFR 121.9(b)</a>.</p> <p>In instances where there is <strong style="color: #0071bc;">no "application,"</strong> the federal agency should upload the draft federal license or permit. In instances where there is no "application" or draft federal license or permit, the federal agency should upload the appropriate documentation (e.g., the Corps may upload a project study for Civil Works projects).</p> </div>
Upload (e.g., pdf, doc) and/or Provide a Link to the Water Quality Certification/Waiver
(Value Required)
Document (Water Quality Certification/Waiver)
Drag and Drop or Click
Drag and Drop your file here to upload, or Click to select a file.
Choose File
Please choose the appropriate file to attach.
File names should clearly indicate the file information (e.g., certification or waiver).
Please double-check the file attached to ensure it matches with the project subject to this notification.
Link to Document (Water Quality Certification/Waiver)
Please insert the appropriate link to include.
Upload (e.g., pdf, doc) and/or Provide a Link to the Federal License/Permit Application
(Value Required)
Document (Federal License/Permit Application)
Drag and Drop or Click
Drag and Drop your files here to upload, or Click to select file(s).
Choose Files
Please choose the appropriate file(s) to attach.
To select multiple files, in the Files window you can hold down the Ctrl key while selecting files.
File names should clearly indicate the file information (e.g., ProjectName_Date_Application).
Please double-check the file attached to ensure it matches with the project subject to this notification.
Link to Document (Federal License/Permit Application)
Please insert the appropriate link to include.
Add More Links
<HR style="height: 1px; width: 400px;" />
Upload (e.g., pdf, doc) and/or Provide a Link to the Neighboring Jurisdiction Comment)
(Value Required)
Document (Neighboring Jurisdiction Comment)
Drag and Drop or Click
Drag and Drop your files here to upload, or Click to select file(s).
Choose Files
Please choose the appropriate file(s) to attach.
To select multiple files, in the Files window you can hold down the Ctrl key while selecting files.
File names should clearly indicate the file information (e.g., ProjectName_Date_NeighboringJurisdictionName_Comment).
Please double-check the file attached to ensure it matches with the project subject to this notification.
Link to Document (Neighboring Jurisdiction Comment)
Please insert the appropriate link to include.
Add More Links
<HR style="height: 1px; width: 400px;" />
Upload (e.g., pdf, doc) and/or Provide a Link to Other Information about the Project
Document (Other Information about the Project)
Drag and Drop or Click
Drag and Drop your files here to upload, or Click to select file(s).
Choose Files
Please choose the appropriate file(s) to attach.
To select multiple files, in the Files window you can hold down the Ctrl key while selecting files.
File names should clearly indicate the file information (e.g., ProjectName_Date_EIS).
Please double-check the file attached to ensure it matches with the project subject to this notification.
Link to Document (Other Information about the Project)
Please insert the appropriate link to include.
Add More Links
Submit
<p>Click "Submit" once you have filled out and reviewed the above information.</p> <p><strong>Successfully submitted forms cannot be edited once you press "Submit."</strong></p> <ul> <li>If you press "Submit" in error, or realize an error after pressing "Submit," please contact the EPA Region where the project is located; see the following links for the <a target="_blank" href="https://www.epa.gov/cwa-401/forms/contact-us-about-cwa-section-401-certification">EPA Regional points of contact</a> and to determine <a target="_blank" href="https://www.epa.gov/aboutepa/visiting-regional-office">which EPA Region a project is located within</a>.</li> <li>You will be redirected to a confirmation page and receive a confirmation e-mail once the page is successfully submitted. Please keep a copy of this confirmation e-mail for your records.</li> </ul> <p>Please note that successful submission of this page does not guarantee that a notification meets the requirements at 40 CFR 121.12 nor waive EPA's ability to determine that requisite notice has not been made. The EPA Regional point of contact will contact the federal agency point of contact provided above if there are deficiencies with the submission such that the submission does not meet the requirements for notification under 40 CFR 121.12.</p> <p> </p>
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