Aug 6, 2025 Clean Water Act Section 401 Energy Associations Final Comments
This letter provides comments from the American Petroleum Institute (“API”), American Fuel & Petrochemical Manufacturers (“AFPM”), GPA Midstream, and the Independent Petroleum Association of America (“IPAA”) (collectively, “the Associations”) in response to the U.S. Environmental Protection Agency’s (“EPA’s” or “the Agency’s”) request for information on revising the regulations for Section 401 of the Clean Water Act (“CWA”).
The Associations appreciate and support EPA’s May 21, 2025 memorandum, “Clarification regarding Application of Clean Water Act Section 401 Certification,” which clarifies that the statutory intent of Section 401 water quality certifications is to protect water quality.[1] As explained in more detail below, the Associations encourage EPA to pursue a rulemaking that restores the previous 2020 final rule on Section 401 of the CWA. The procedural guardrails, timelines, and specific interpretation found in that rule would provide the regulatory certainty and consistency needed for project developers to receive permits in a timely fashion.
