Draft 401 Certification Rule Proposal Sent to OMB

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On March 25, EPA sent a proposed Clean Water Act Section 401 Water Quality Certification rule to the Office of Management and Budget (OMB) for interagency review. Once cleared by OMB, the proposal will be published in the Federal Register for public review and comment. According to the OMB dashboard, EPA considers this proposed rule not to be economically significant. EPA previously issued guidance on implementing Section 401 amid the administration change and the vacatur of the 2020 certification rule, signaling that a rewrite might lead to an enormous amount of flexibility provided to certifying authorities at the expense of transparency and regulatory certainty.

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