Regulation No. 82 401 Water Quality Certification Revisions

Section 401 of the federal Clean Water Act (CWA) requires that any applicant for a federal license or permit request a 401 certification from states or other certifying authorities (e.g., Tribes, EPA) to ensure that the permitted activity will comply with applicable water quality requirements for Waters of the U.S. (WOTUS). In Colorado, section 25-8-302(1)(f), C.R.S., confers the responsibility to grant, grant with conditions, or deny a 401 certification request by the WQCD. Regulation No. 82 sets forth definitions, procedures, and requirements related to the division’s 401 certification process. Regulation No. 82 is scheduled to be reviewed every three years (triennial review), and the last update was in 2018. The 2021 hearing was postponed due to the issuance of a new 401 rule in 2020. In 2022 alternative new 401 rule was proposed (improvement rule), and is currently under review.

The WQCD proposes to update Regulation No. 82 to coincide with the approved 401 rule, whichever one is in place. The WQCD proposes to hold two stakeholder meetings in early 2024 with the expectation of a federal 401 rule finalized. Once the stakeholder meetings conclude, the WQCD will update Regulation No. 82 and present the update regulation to the Water Quality Control Commission for approval. The WQCD is proposing for the hearing to be held in October 2024.

To join this subgroup and learn more please visit: https://cdphe.colorado.gov/water-quality/water-quality-engagement/reg-82-401-water-quality-certification-process