Section 401 Certification Overview

Section 401 of the federal Clean Water Act requires that any federal license or permit to conduct an activity that may result in a discharge to waters of the United States must first receive a water quality certification from the state in which the activity will occur.

This section of the Clean Water Act is a direct delegation from Congress to the States, and allows each state an opportunity to ensure that federally approved activities will meet water quality standards and policies established by the state under the Clean Water Act. In Oregon, DEQ is the agency responsible for reviewing proposed projects under this requirement. By ensuring a project does not degrade water quality, Oregon’s waters remain safe for a wide range of uses, such as drinking water, recreation, fish habitat, aquatic life, and irrigation.

DEQ 401 program staff evaluate project proposals for potential impacts to water quality and beneficial uses. Certifications may be: 1) issued for the project as proposed, 2) issued with conditions intended to eliminate or minimize impacts, or 3) denied.

Most certification requests come to DEQ through either the Federal Energy Regulatory Commission (FERC) process for hydroelectric projects, or through US Army Corps of Engineers (USACE) permits for removal and fill activities. Hydropower 401 certifications are evaluated in the DEQ regional office serving the location in which the project occurs. Removal/Fill 401 certifications are currently evaluated in DEQ’s Northwest Region office regardless of where in the state the project is located.

Other federal activities which may require 401 certification from the state include USACE dredging and civil works actions, US Coast Guard facilities, and US Forest Service mining plans. Evaluation of these types of projects is similar to the removal/fill process.

• Section 401 Hydropower Certification
• Section 401 Removal/Fill Certification