On Oct. 21, 2021, the U.S. District Court for the Northern District of California issued an order which vacated and remanded the EPA’s 2020 Clean Water Act Section 401 Certification Rule. This vacatur was applied nationwide and required a temporary return to the EPA’s 1971 Rule.
On April 6, 2022, the Supreme Court of the United States issued a decision reinstating the 2020 EPA 401 Rule. DEQ will return to implementing all requirements and procedures of the 2020 EPA 401 Rule until further notice. As of April 7, 2022, all applicants for new 401 certification are required to submit to DEQ a pre-filing meeting request at least 30-days prior to a request for certification. Forms for both of these requests can be found on DEQ's 401 Resources page
and should be submitted through Your DEQ Online.
DEQ is awaiting further procedural guidance from EPA and the U.S. Army Corps of Engineers, in addition to information regarding plans to finalize a new certification rule. Until that time, procedural requirements under the 2020 rule are active. Please contact the 401 Program with any questions regarding these requirements or the submittal process using Your DEQ Online.