401 Water Quality Certification for Other Federal Permits & Licenses
Under Section 401 of the federal Clean Water Act, states and tribes
can review and approve, condition, or deny all Federal permits or
licenses that might result in a discharge to State or Tribal waters,
including wetlands. The major Federal licenses and permits subject to
Section 401 are Section 402 and 404 permits (in non-delegated states),
Federal Energy Regulatory Commission hydropower licenses, and Rivers
and Harbors Act Section 9 and 10 permits. States and tribes may choose
to waive their Section 401 certification authority.
States and Tribes make their decisions to deny, certify, or
condition permits or licenses primarily by ensuring the activity will
comply with state water quality standards. In addition, states and
tribes look at whether the activity will violate effluent limitations,
new source performance standards, toxic pollutants, and other water
resource requirements of state/tribal law or regulation. The Section
401 review allows for better consideration of state-specific concerns.
Current fee rules became effective February 15, 2002, and require that fees
be submitted with completed applications for certification. As noted on
page 17-2573 of the fee rules (http://www.deq.mt.gov/dir/legal/Chapters/CH30-02.pdf)
the §401 certification review fee is a minimum of $350.00, or 1% of the gross
value of the proposed project, not to exceed $10,000.00. Appropriate
review fees along with documentation of the gross value of any proposed project
needs to be submitted with any 401 application. The check should be made
payable to the Water Protection Bureau, DEQ and on the memo section of the
check, a notation indicating the name of the proposed project and that it is for
a §401 Water Quality Certification review.
Example of 401 Water Quality Certification for a
Federal Energy Regulatory Commission hydropower license
DEQ Staff Contact
Chris Levine
Water Quality Standards Section
Resource Protection Planning Bureau
Planning, Prevention and Assistance Division
Montana Dept. of Environmental Quality
1520 East Sixth Avenue
Helena, Montana 59620
(406) 444-0371
Montana Statute and Rule
- Statute: Montana Water Quality Act
Federal Statute and Regulation
