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AMWA submitted comments in response to EPA's Notice of Intention to revise the 2020 Clean Water Act Section 401 Certification Rule in order to strengthen the authority of states and Tribes to protect their water resources.

Section 401 of the Clean Water Act gives states and tribes the authority to evaluate the potential water quality impacts of discharges from federally permitted or licensed projects that may affect waters of the United States within their borders. Section 401 requires any individual or entity applying for a federal license or permit to obtain a corresponding water quality certification from the certifying state or tribal agency before commencing the project.

This letter is very similar to the comments AMWA made in 2019 on the initial rule that was promulgated under the Trump administration. AMWA's letter continues to support efforts to streamline or clarify existing regulatory procedures but cautions against provisions that weaken states' abilities to protect the quality of their waters and, by proxy, the source waters for drinking water utilities.