40 C.F.R. § 121.5

Current through May 31, 2024
Section 121.5 - Request for certification
(a) Where a project proponent is seeking certification from any certifying authority, the request for certification shall include the following minimum contents:
(1) If the request for certification is for an individual Federal license or permit, it shall be in writing, signed, and dated and shall include the following:
(i) A copy of the Federal license or permit application submitted to the Federal agency; and
(ii) Any readily available water quality-related materials that informed the development of the application.
(2) If the request for certification is for the issuance of a general Federal license or permit, it shall be in writing, signed, and dated and shall include the following:
(i) A copy of the draft Federal license or permit; and
(ii) Any readily available water quality-related materials that informed the development of the draft Federal license or permit.
(b) Where a project proponent is seeking certification from the Regional Administrator, if not already included in the request for certification in accordance with paragraph (a) of this section, a request for certification shall also include the following, as applicable:
(1) A description of the proposed activity, including the purpose of the proposed activity and the type(s) of discharge(s) that may result from the proposed activity;
(2) The specific location of any discharge(s) that may result from the proposed activity;
(3) A map or diagram of the proposed activity site, including the proposed activity boundaries in relation to local streets, roads, and highways;
(4) A description of current activity site conditions, including but not limited to relevant site data, photographs that represent current site conditions, or other relevant documentation;
(5) The date(s) on which the proposed activity is planned to begin and end and, if known, the approximate date(s) when any discharge(s) may commence;
(6) A list of all other Federal, interstate, Tribal, state, territorial, or local agency authorizations required for the proposed activity and the current status of each authorization; and
(7) Documentation that a pre-filing meeting request was submitted to the certifying authority in accordance with applicable submission procedures, unless the pre-filing meeting request requirement was waived.
(c) Where a project proponent is seeking certification from a certifying authority other than the Regional Administrator, and that certifying authority has identified contents of a request for certification in addition to those identified in paragraph (a) of this section that are relevant to the water quality-related impacts from the activity, the project proponent shall include in the request for certification those additional contents identified prior to when the request for certification is made.
(d) Where a project proponent is seeking certification from a certifying authority other than the Regional Administrator, and that certifying authority has not identified contents of a request for certification in addition to those identified in paragraph (a) of this section that are relevant to the water quality-related impacts from the activity, the project proponent shall include in the request for certification those additional contents identified in paragraph (b) of this section.

40 C.F.R. §121.5

85 FR 42284, 9/11/2020; 88 FR 66661, 11/27/2023