Who administers the certification under Section 401?

The certification under Section 401 is administered by the State. This is primarily because Section 401 of the Clean Water Act grants states the authority to certify that a project will comply with water quality standards before receiving a federal permit. Each state is responsible for developing its own procedures for issuing these certifications, which often includes assessing potential impacts on water quality and making sure that projects align with both state and federal environmental standards.

This state-level administration ensures that local water bodies are protected based on specific regional needs and regulations, allowing for a more tailored approach to water quality protection compared to a federally mandated process. In contrast, while the federal government sets overarching laws and guidelines, it is the individual states that take on the role of evaluating and certifying projects under Section 401. Local municipalities and environmental non-profits may play supportive roles, but they do not hold the authority to administer certifications as designated by this legislation.