As used in this part, the following terms shall have the meanings indicated:
(a) Administrator means the Administrator, Environmental Protection Agency (EPA).
(b) Certifying authority means the entity responsible for certifying compliance with applicable water quality requirements in accordance with Clean Water Act section 401.
(c) Federal agency means any agency of the Federal Government to which application is made for a Federal license or permit that is subject to Clean Water Act section 401.
(d) Federal Indian Reservation, Indian reservation, or reservation means all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation.
(e) Indian Tribe or Tribe means any Indian Tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian Reservation.
(f) License or permit means any license or permit issued or granted by an agency of the Federal Government to conduct any activity which may result in any discharge into waters of the United States.
(g) Neighboring jurisdiction means any state, or Tribe with treatment in a similar manner as a state for Clean Water Act section 401 in its entirety or only for Clean Water Act section 401(a)(2), other than the jurisdiction in which the discharge originates or will originate.
(h) Project proponent means the applicant for a Federal license or permit, or the entity seeking certification.
(i) Regional Administrator means the Regional designee appointed by the Administrator, Environmental Protection Agency.
(j) Water quality requirements means any limitation, standard, or other requirement under sections 301, 302, 303, 306, and 307 of the Clean Water Act, any Federal and state or Tribal laws or regulations implementing those sections, and any other water quality-related requirement of state or Tribal law.
Notes of Decisions
Snoqualmie Indian Tribe v. Fed. Energy Regulatory Comm'n, 545 F.3d 1207 (9th Cir. 2008).
“§ 1341 (a)(1); see also 40 C.F.R. § 121.1 (e). Ecology issued a WQC establishing conditions that PSE’s hydroelectric plant must *1218 meet so as not to degrade water quality and negatively affect “characteristic” uses of the Snoqualmie River, a Class A water body.”
United States Sugar Corp. v. United States Army Corps of Engineers, 132 F.4th 1320 (11th Cir. 2025).
“actually conducting the testing and monitoring of the system) upon receipt 9 That language of the March 10, 2021, document is as follows: In accordance with the requirements set forth in 40 CFR 121.1 et seq., the SFWMD must obtain Section 401 water quality cer- tification (WQC),…”
Oklahoma v. Env't Prot. Agency, 908 F.2d 595 (10th Cir. 1990).
“1983) (certification is a “condition precedent to the EPA’s issuance of a NPDES permit”; “state decision denying certification, or one imposing conditions or restrictions, is not reviewable administratively by the EPA” and is “exempt from review in federal court”).”
Port of Seattle v. PCHB, 90 P.3d 659 (Wash. 2004).
“40 C.F.R. § 121.1 (g). [6] Although Ecology has since amended Washington's surface water quality standards, see Wash.”
In Re: Am. Rivers v. Am. Petroleum Inst. (9th Cir. 2023).
“See 40 C.F.R. §§ 121.1 (e), 121.2 (2019). One regulation required the state certifying authority to provide a “statement that there [was] a reasonable assurance that the activity [would] be conducted in a manner which [would] not violate applicable water quality standards.”
Snoqualmie Indian v. Ferc (9th Cir. 2008).
“§ 1341 (a)(1); see also 40 C.F.R. § 121.1 (e). Ecology issued a WQC establish- ing conditions that PSE’s hydroelectric plant must meet so as not to degrade water quality and negatively affect “character- istic” uses of the Snoqualmie River, a Class A water body.”
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