On January 13, the U.S. Environmental U.S. Environmental Protection Agency (EPA) unveiled a proposal to reform Section 401 of the Clean Water Act (CWA), with the goal of standardizing the water quality certification process. The initiative seeks to eliminate delays in the approval of infrastructure and energy projects, returning the process to the legal limits established by Congress.
New structure promotes water quality improvement
According to the EPA, this proposal will establish clear criteria for certification applications and decisions, avoiding broad interpretations by some states that, according to the agency, have used Section 401 to block projects for reasons unrelated to water quality. The standardization is expected to reduce delays, provide greater certainty to developers, and strengthen the role of state and tribal governments within their statutory authority.
This measure would repeal a rule introduced during the Biden administration in 2023, which had expanded the scope of Section 401. The EPA and several Republican lawmakers argue that this expansion allowed overuse of the certification process, delaying essential energy and infrastructure projects. With this reform, the agency seeks to restore the balance between environmental protection and economic development.
EPA Administrator Lee Zeldin noted that the proposal aligns the rule with the original intent of Congress, respecting statutory deadlines and limiting the process to strictly water quality issues. The measure has the backing of such figures as Shelley Moore Capito, chairwoman of the Senate Environment Committee, and Sam Graves, leader of the House Transportation and Infrastructure Committee. Both believe the new rule will help speed up key work without weakening relevant environmental controls.
Following publication in the Federal Register, EPA will open a 30-day public comment period. The final version of the rule is expected in spring 2026. The agency has stated that it will continue to evaluate the feedback received to ensure effective and compliant implementation.
Source and photo: EPA