I. INTRODUCnON. 



This handbook has been developed by EPA's Office of Wetlands Protection ' * 

 (OWP) to highlight the potential of the State water quality certification process for 

 protecting wetlands, and to provide information and guidaoice to the States.^ 

 Throughout this document, the term '^tate" includes those Indian Tribes which qualify 

 for treatment as States under the federal Qean Water Act (CWA) Section 518(e)? We 

 encourage Tribes who are interested in expanding their protection of wetlands and 

 other waters under this new provision of the CWA to examine water quality 

 certification as a readily available tool to begin their programs. 



One of OWP's key mandates is to broaden EPA's wetlands protection efforts in 

 areas which complement our authori^ under the Qean Water Act Section 404 

 regulatory program. Thus, we are exploring and working with other laws, regulations, 

 and nonregulatoiy approaches to enhance their implementatifm to protect wetlands. In 

 addition, the National Wetlands Policy Forum has recommended in its report issued in 

 November 1988, that States "make more aggressive use of their certification authorities 

 under Section 401 of the CWA, to protect their wetlands from chemical and other types 

 of alterations."^ 



In light of these directives, we have examined the role of the Section 401 State 

 water qxiali^ certification process and are working with States to improve its application 

 to wetlands. This process offers the opportunity to fulfill many goals for wetland 

 protection because: 



* It is a cooperative federal/State program and it increases the role of 

 States in decisions regarding the protection ot natnral resources; 



* It gives States extremefy broad authority to review pn^msed activities in 

 and/or affecting State waters (indudiDg wetlands) and, in effect, to deny 

 or place conditions on federal permits or licenses that anthorize snch 

 activities; 



* It is an existing program vfMcb can be vastly improved to protect 

 wetlands without migor legislative initiatives; 



* Its proper implementation for wetlands should integrate many State 

 programs related to wetlands, water quality, and aquatic resource 

 preservation and enhancement, to ensure consistency of activities with 

 these State requirements. Examples of snch programs include coastal 

 zone management, floodplain management, and nonpoint source 

 programs. 



