Section 401 Water Quality Certification
Hydroelectric projects create electricity by capturing the force of
falling water that passes through a dam. This process does not create
any pollution. However, other water quality issues besides traditional
pollutants are being regulated by the Environmental Protection Agency
and state environmental agencies. For example, total dissolved gas and
temperature are two water quality conditions that are being regulated.
The CWA requires that applicants for a Federal license or permit to
construct or operate facilities that may result in a discharge into
navigable waters of the United States must provide a “section 401”
certification to the licensing/permitting federal agency. This section
401 certification demonstrates compliance with water quality standards.
In many cases, EPA has delegated this certification authority to the
states (although some tribes have been delegated such authority with
regard to tribal lands). State agencies must issue or waive the
certification within one year of an applicant’s request for
certification.
The section 401 water quality certification process is a major and
crucial step in a relicensing process. Before FERC can issue a new
hydropower license, it must receive a CWA Section 401 water quality
certification (or waiver) from the relevant state agency. State agencies
can use the certification process to place conditions on the hydropower
license, and FERC must incorporate the state’s conditions into the
project’s new license.
The following links provide information on how NWHA member states are
implementing their authority under section 401 of the Clean Water Act.
Clean Water Act 