Please note: We are still working to fully understand how EPA's new rule affects the state review processes for Section requests. We will be updating our web content and sending notifications as we work to comply with the new rule. We use our Section authority to set conditions for projects, actions, and activities that can affect water quality in Washington. For example:. When an applicant requests a certification for a hydropower license , we work with the utility or project proponent and review the applicable studies, analyses, and plans.
If we determine that water quality standards are attainable, a certification is issued with appropriate conditions to make sure that environmental standards will be met. These conditions become part of the new FERC license. All projects affecting navigable and protected waters in Washington state, as defined by the federal government , are subject to Section water quality certification.
These waters include coastal and marine environments, rivers, streams, lakes, wetlands, etc. This provides a strong opportunity to protect and enhance water quality, aquatic species and habitats, water resources, coastal resources, floodplains, and other environmental elements.
We write NPDES permits for all non-federal discharges in the state, except those on federal and tribal lands. Washington state defines state waters separate from the federal government. Projects affecting state waters that do not fall under the federal jurisdiction of "waters of the United States" are not subject to federal water quality certification.
However, they are still subject to applicable state water quality and environmental protection laws. This may include ponds, wetlands , ephemeral streams, etc. All public notices for Section water quality certification and our recent decisions are listed in our reporting databases. Information about for notable Section submissions and decisions are also detailed below.
Our decision is technically referred to as a denial without prejudice. This decision does not prevent Rye Development from continuing to pursue the project. The company can submit a new request when sufficient information is available.
We had one year to make a decision this certification application. As part of the application process, we requested additional information specifically about protecting ground and surface water. We did not receive enough information within the one-year timeframe to support issuing the certification.
Many of these waters are river or creek segments throughout Minnesota. Projects that may impact Exceptional Aquatic Life Use Waters, directly or indirectly, by impacting stream hydrology, connectivity, or chemistry require an Individual Water Quality Certification review.
View larger map. Outstanding Resource Value Waters ORVW classified as "prohibited" and "restricted" have extra levels of protection above other waters to protect their unique natures. These include high-quality waters and waters that have exceptional recreation, cultural, aesthetic, or scientific value.
Applicants are encouraged to contact the MPCA as early as feasible to discuss the project. The Antidegradation form is included under Important resources. When an application is received by the MPCA, the agency must act on it and issue a decision within a reasonable amount of time, not to exceed one year. Generally, the MPCA will act on an application within 75 days although complex projects may take up to one year.
If the one year is exceeded without a decision, the project is considered waived and the MPCA has no further authority over the project.
Potential application outcomes are explained in the following section. There are three potential outcomes for a Section Certification application: waive, certify, or deny. Some of the major federal licenses and permits subject to Section include:. The CWA provides that certifying authorities states, authorized tribes, and EPA must act on a Section certification request "within a reasonable period of time which shall not to exceed one year after receipt" of such a request. A certifying authority may waive certification expressly, or by failing or refusing to act within the established reasonable period of time.
In making decisions to grant, grant with conditions, or deny certification requests, certifying authorities consider whether the federally-licensed or permitted activity will comply with applicable water quality standards, effluent limitations, new source performance standards, toxic pollutants restrictions and other appropriate water quality requirements of state or tribal law.
A federal agency may not issue a license or permit for an activity that may result in a discharge into a water of the United States without a water quality certification or waiver.
Dickson wv. Permits Programs Citizens Data About. Search Loading What We Do Section Water Quality Certification is required for each permit or license issued by a federal agency to ensure that projects will not violate the state's water quality standards or stream designated uses.
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