Under Clean Water Act (CWA) § 401, Congress provides states, territories, and Tribes with a tool to protect surface water from adverse impacts that could result from federally licensed or permitted projects. The 2023 Clean Water Act § 401 Water Quality Certification Improvement Rule restores the fundamental authority granted by Congress to states, territories, and tribes to protect water resources that are essential to healthy people and thriving communities. 

In Arizona, issuing a § 401 Water Quality Certification (WQC) ensures that the project will not violate surface water quality standards of the receiving water. The WQC becomes part of the federal license or permit and is valid for the same time period as the license or permit, typically five years. 

EPA’s 401 Rule [Title 40 Part 121]

Applicants are encouraged to review the new rule requirements prior to submitting a certification request | Visit EPA CWA Section 401 Webpage >

When do I need a CWA § 401 WQC?

Certification or waiver is required for any federal license or permit that authorizes any activity which may result in any discharge from a point source into waters of the United States (WOTUS).

A Clean Water Act § 401 WQC application request to ADEQ is required if:

• The Federal permit is a USACE Nationwide Permit
• The Federal permit is a USACE Regional General Permit
• The Federal permit is a USACE Individual Permit
• The Federal permit is being issued by any other Federal agency, such as the:
  • U.S. Forest Service
  • U.S. Fish and Wildlife Service
  • Federal Highways Administration
  • U.S. Coast Guard
  • Any other Federal agency

A § 401 WQC application submission to ADEQ is required if the activities of the project may discharge to a WOTUS that is:

• An Outstanding Arizona Water
• An Impaired Water or Lake
• A Not Attaining Water

If the federal license or permit is being issued by the U.S. Army Corps of Engineers (USACE) and is a Nationwide (NWP) or Regional General (RGP) permit:

• A § 401 WQC application submission to ADEQ is required if the WOTUS meets these conditions. 
• A § 401 WQC application submission to ADEQ is not required if the WOTUS doesn’t meet these conditions. The certified activities of the project are conditionally certified under the USACE Nationwide Permit or the Regional General Permit.

ADEQ's 2026 § 401 WQC of the USACE Nationwide Permits issued March 15, 2026 | View >

List of Nationwide Permits that ADEQ certified/waived in 2026 | View List >

Pre-filing Meeting Request Requirement:

All applicants must submit an email request for a meeting with the appropriate certifying authority (ADEQ) at least 30 days prior to submitting a certification request application. The meeting request provides advance notification to the certifying authority that a certification request may be forthcoming. This request may be made via email | Email >

Fees

At this time, there are no fees associated with a CWA § 401 WQC.

Updated CWA § 401 Forms

ADEQ updated our certification request application to be consistent with the 2023 CWA § 401 WQC Improvement Rule | View Form >

Prior to completing CWA § 401 applications, please contact ADEQ | Email >