The U.S. Environmental Protection Agency has proposed a new rule to revise Clean Water Act Section 401, aiming to streamline permitting while maintaining protections for water quality. Announced January 13, 2026, the proposal would narrow Section 401 to its original statutory purpose, limiting regulatory overreach and reducing delays that EPA says have slowed critical infrastructure, energy, and development projects. The rule would replace a 2023 EPA regulation, which the agency argues expanded the scope of Section 401 beyond congressional intent and enabled prolonged certification timelines.
Under the proposal, EPA would standardize certification procedures, enforce statutory decision timelines, reduce back-and-forth delays, and clarify the roles of states and authorized tribes. The rule would also prevent the use of Section 401 to block projects for reasons unrelated to water quality. EPA plans a 30-day public comment period following Federal Register publication, with a final rule targeted for spring 2026.