Water Quality Certification process update

On Monday November 27^th, the long-awaited update to the Clean Water Act will formally come into effect.  So, what does that mean for all of us when it comes to bridge permits?  Well, in accordance with CWA section 401(a)(2), the Coast Guard will be expected to notify the Environmental Protection Agency within five days after receiving a bridge permit application as well as a Water Quality Certification for a bridge project.  The procedures have, however, been much more formalized – the Coast Guard will now forward the actual Water Quality Certification, a copy of the bridge permit application itself and the associated public notice to EPA for review. 

So, what does that mean for applicants?  Well, as soon as you receive your WQC, you should send it to the Coast Guard so that we can notify the EPA and start that review process rolling. 

In addition, the fundamental thing to remember is that each federal license or permit that requires a 401 WQC will trigger its own 401(a)(2) notification and review process.  If the possibility exists that a federal licensed or permitted activity may result in a discharge for a point source into a water of the United States, then the “project proponent,” meaning the applicant, must request a meeting with the appropriate certifying authority at least 30 days before submitting a WQC request.  That window should be built into your project assumptions and timeline.  The request should include the components listed in final rule section 121.5(b) for individual licenses and permits or 121.5(c) for the issuance of general licenses and permits.  The certifying authority will be expected (and must) act on the request for certification within the “reasonable period of time” which shall not exceed one year (as determined by the federal licensing or permitting agency and the certifying authority).  So, the more complex a project, the more likely it is that it may require additional study/evaluation of water quality effects from any potential discharge.  Once again, this is something you should consider during your planning process and applicants are highly encouraged to apply for a WQC at least a full year before the Coast Guard will require the certification for a complete bridge permit application. 

In addition, when talking with the WQC certifying agency, be sure to ask if your project will require an individual WQC or could fall under a blanket WQC for each federal permit.  Just because you receive a Nationwide Permit from the US Army Corps of Engineers which also provides a blanket WQC from the state does not mean that blanket WQC can be applied to the Coast Guard bridge permit.  The certifying agency will be able to help you with that determination. 

Bottom line, as we’ve stated before, the key to making it through this administrative hurdle is early and frequent coordination.  Feel free to ask your assigned Coast Guard Project Manager plenty of questions and keep the lines of communication open. 

And as always, if you're interested in additional visits from Coast Guard Bridge Program staff, then by all means let us know and we'll make the necessary arrangements!