'Svithin a reasonable time (which shall not exceed one year)" after the receipt of an 

 application, it forfeits its authority to grant conditionally or to deny certification. 



The most important regulatory tools for the implementation of 401 certification 

 are the States' water quality standards regulations and their 401 certification 

 implementing regulations and guidelines. While all of the States have some form of 

 water quality standards, not all States have standards which can be easily applied to 

 wetlands. Most Tribes do not yet have water quality standards, and developing them 

 would be a first step prior to having the authority to conduct water quality certification. 

 Also, many States have not adopted regulations implementing their authority to grant, 

 deny and condition water quality certification. The remainder of this handbook 

 discusses specific approaches, and elements of water quality standards and 401 

 certification regulations that OWP views as effective to implement the States' water 

 quality certification authority, both generally, and specifically with regard to wetlands. 



in. 401 CERXmCATION CAN BE A POWERFUL TOOL TO PROTECT 

 WETLANDS 



In States without a wetlands regulatory program, the water quality certification 

 process may be the only way in which a State can exert any direct control over projects 

 in or affecting wetlands. It is thus critical for these States to develop a program that 

 fully includes wetlands in their water quality certification process. 



But even in States which have their own wetlands regulatory programs, the water 

 quality certification process can be an extremely valuable tool to protect wetlands. 

 Hrst, most State wetland regulatory laws are more limited in the wetlands that are 

 subject to regulation than is the Qean Water Act The Qean Water Act covers all 

 interstate wetlands; wetlands adjacent to other regulated waters; and all other wetlands, 

 the use, degradation or destruction of which could affect interstate or foreign 

 commerce.^ This definition is extremely broad and one would be hard pressed to find a 

 wetland for which it could be shown that its use or destruction clearly would not affect 

 interstate commerce. Federal jurisdiction extends beyond that of States which regulate 

 only coastal and/or shoreline wetlands, for instance. And in States that regulate inland 

 wetlands, often size limitations prevent States from regulating wetlands that are subject 

 to federal jurisdictioiL* 



Even if State jurisdiction is as encompassing or more so than federal jurisdiction, 

 however, water quality certification may still be a valuable and essential wetlands 

 protection device. In the State of Massachusetts, for instance, a 401 certification is not 

 simply "rubber stamped" on the permitting decisions made pursuant to the 

 Massachusetts Wetlands Protection Act The State has denied certification to proposed 

 projects requiring a federal permit even though the State wetlands permitting authority 



