Idaho DEQ §401 Certification

Section 401 of the federal Clean Water Act requires state certification for any permit or license issued by a federal agency for an activity that may result in a discharge into waters of the U.S. This requirement allows each state to have input into federally approved projects that may affect its waters (rivers, streams, lakes, and wetlands) and to ensure the projects will comply with state water quality standards and any other water quality requirements of state law. Any §401 certification in Idaho also ensures that the project will not adversely impact impaired waters (waters that do not meet water quality standards) and that the project complies with applicable water quality improvement plans (total maximum daily loads). DEQ is responsible for issuing §401 certifications in Idaho for the following types of federal permits or licenses: National Pollutant Discharge Elimination System (NPDES) Permits: The NPDES program requires facilities discharging from a point source such as a pipe into waters of the US to obtain discharge permits. EPA is responsible for permitting and enforcing all NPDES permits in Idaho. Learn more. §404 Dredge and Fill Permits: The federal Clean Water Act requires a permit to conduct water-related construction activities, such as fills for development, water resource projects, and infrastructure development. The US Army Corps of Engineers is responsible for issuing dredge and fill permits in Idaho. Learn more. Hydroelectric Power Plants: State certification is required before the Federal Energy Regulatory Commission (FERC) may license or relicense nonfederal hydroelectric dams. Learn more. Idaho DEQ §401 Certification Home Page §401 Certification Mapping Application