Why is a pre-filing meeting request required?
On Sept. 11, 2020 the U.S. Environmental Protection Agency updated the Clean Water Act Section 401 Certification Rule (40 CFR Part 121). EPA now requires all applicants to submit a pre-filing meeting request to the certifying agency (DEQ) prior to submittal of an application. The applicant must submit application directly to DEQ 30 days after the prefilling request.
DEQ’s 401 Certification program is moving to a new electronic data management system called Your DEQ Online. Starting on Sept. 30, 2021, you can set up your account and start submitting notifications and fees electronically. As of that date, all notification and application forms will be on Your DEQ Online.
What happens next?
30 days after submitting this pre-filing form, you may submit application. Application should be submitted to DEQ and the US Army Corps of Engineers
simultaneously. Please note that submittal requirements have changed, and in addition to the JPA, applicants must also submit the following:
Identify the project proponent(s) and a point of contact;
Identify the proposed project;
Identify the applicable federal license or permit;
Identify the location and nature of any potential discharge that may result from the proposed project and the location of receiving waters;
Include a description of any methods and means proposed to monitor the discharge and the equipment or measures planned to treat, control, or manage the discharge;
Include a list of all other federal, interstate, tribal, state, territorial, or local agency authorizations required for the proposed project, including all approvals or denials already received;
Include documentation that a prefiling meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request;
Contain the following statement: ‘The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief’; and
Contain the following statement: ‘The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.’