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Minnesota Pollution Control Agency November 2001 Facts about MPCA reductions to the Clean Water Act Section 401 Certification Program Introduction The Minnesota Pollution Control Agency has experienced a three -year trend in decreased staff funding, and has lost about nine percent of its former staffing level. Therefore, we've had to reduce service in a number of programs so that the state's highest environmental priorities can still be met. This fact sheet describes the effect of this downsizing on the agency's Section 401 Certification program for water quality. Background Under the federal Clean Water Act, any time a federal permit is needed for activities which may result in a discharge into waters of the United States, an applicant for the permit must obtain a Section 401 Water - Quality Certification. The purpose of the certification is to ensure the quality of the waters in question will not be adversely affected. In Minnesota the Minnesota Pollution Control Agency has done all Section 401 certifications. Examples of projects that require 401 certifications include: • Activities authorized by the Corps of Engineers, such as flood control projects, habitat restoration projects, emergency stream -bank protection, modifications to local and dam structures, and river and harbor dredging and channel maintenance • Activities permitted by the Federal Energy Regulatory Commission, such as FERC permitting of hydropower dams and other similar activities • Coast Guard - permitted activities, such as bridge crossings of navigable waters, dumping septic tanks in navigable waters, treatment of bilge waters on Great Lakes, and pipeline or other utility crossings of waters or wetlands. While the number and type of activities can vary quite broadly, the majority of the MPCA's 401 certification activity has been focused on wetlands. How will downsizing affect 401 certifications? As part of the agency's current downsizing, the MPCA proposed in the 2001 Legislative session to eliminate the staffing required to operate the 401 certification program. The agency made this decision based mainly on overall priorities, but also because of the program's success in creating successful working relationships with a number of other public partners to protect water quality. These partnerships have diminished the need to continue the same level of oversight of other governmental entities that was needed in the past. The Legislature concurred with this view. This change will result in a reduction in level of effort from two full -time equivalents to 0.1 FTEs. Because staff are no longer assigned to evaluate 401 applications for conformance with water - quality standards, the MPCA has decided to waive its 401 authority in most cases. When a project is required to undergo environmental review and that review has not been completed, the MPCA will deny certifications until the review process has been completed. Regardless, these changes at the MPCA do not in any way relieve applicants of the obligation to meet water - quality standards. Determination of environmental review still needed The application for a 401 certification requires the applicant to state whether or not the project is subject to environmental review. If not, the project is eligible Minnesota Pollution Control Agency, 520 Lafayette Rd. N., Saint Paul, MN 55155 -4194 (651) 296 -6300, Toll -free (800) 657 -3864, TTY (651) 282 -5332 Or (800) 657 -3864 This material can be made available In alternative formats for people with disabilities.