May 6, 2021
BOISE—The Idaho Department of Environmental Quality (DEQ) seeks comment on the draft Idaho Section 401 Certification Guidance document.
The document provides guidance for conducting 401 certifications of federal permits or licenses and helps DEQ maintain and implement a consistent state-wide approach for 401 certifications.
Under Section 401 of the federal Clean Water Act, states are required to certify any permit or license issued by a federal agency for an activity that may result in a discharge into waters of the US. This allows each state to have input into federally approved projects that may affect local waters and ensures the projects will comply with applicable provisions of the Clean Water Act, Idaho’s Water Quality Standards (IDAPA 58.01.02), and other appropriate water quality requirements.
This guidance document specifically addresses 401 certifications for permits issued by the US Army Corps of Engineers under Section 404 of the Clean Water Act and licenses for hydroelectric facilities issued by the Federal Energy Regulatory Commission under the Federal Power Act.
The draft guidance document is available for public review at DEQ’s State Office and on DEQ’s website. Written comments will be accepted through May 27, 2021, at 5 p.m. MDT. Submit comments electronically on DEQ’s website or by mail or email to:
401 Certification Lead
1410 N. Hilton St.
Boise, Idaho 83706
Draft Section 401 Water Quality Certification Guidance