of a person proposing to accomplish work under such a pennit. The following is a 

 hypothetical example of regulatoiy language a State might use to define the grounds for 

 the State's decision to grant, condition, or deny certification: 



In order to obtain certification of any proposed activity that may result in a 

 discharge to waters of the United States, an applicant must demonstrate that 

 the entire activity over its lifetime will not violate or interfere with the 

 attainment of ai^ limitations or standards contained in Section 301, 302, 303, 

 306, and 307, the federal regulations promulgated pursuant thereto, and any 

 provisions of state law or regulation adopted punuant to, or which are more 

 stringent than, those provisions of the Qean Water Act 



The agency may condition certification on any requiranents consistent with 

 ensuring the applicant's compliance with the provisions listed above, or with 

 any other requurements of state law related to the maintenance, preservation, 

 orenhancenient of water quality^... :^^^ 



This sample regulatory language provides the grounds for the certification decision, sets 

 the scope of review (lifetime effects of the entire activity') and clearly States that the 

 a pplicant must demonstrate compliance. For purposes of conditioning the certification 

 in the event it is granted, the same standards can be applied, with the addition of ai^ 

 other requirements of State law that are related to water qtiality. 



Regulations are not project specific They must be generally applicable to all 

 projects subject to 401 certffication review, while at the same time providing reasonable 

 notice to an applicant regarding the general standards employed by the agency in the 

 certification process. (A State may choose to adopt license/permit-specific regulations 

 for 401 certification, but such regulations will still have to be applicable to all activities 

 that may occur pursuant to that license or permit). 



There are other considerations that should be addressed in 401 certification 

 implementing regulations, some of which have been mentioned in other parts of this 

 handbook. These include provisions which require applicants for federal licenses and 

 permits which may result in a discharge to apply for water quality certification; 

 provisions which define waters of the State to include wetlands and which define other 

 pertinent terms; and provisions addressing general permits. 



34 



