On February 17, 2026, Environmental Protection Network submitted formal comments to EPA about proposed water quality certification regulations. EPA’s proposed regulation would establish requirements and standards for state/Tribal water quality certification under Section 401 of the Clean Water Act (CWA) that inappropriately restrict the scope and timing of this important avenue for them to protect their waters. The proposed limitations are inappropriate and inconsistent with the statute. EPN recommends that the existing 2023 Section 401 regulations remain unchanged. EPN finds the existing regulations provide flexibility and support to the states’ and Tribes’ authority to protect the water quality under their jurisdiction.
EPN Comments on Updating the Water Quality Certification Regulations
