All NWP authorizations require a Section 401 Water Quality Certificate (WQC) to verify compliance with state or tribal water quality standards for any discharge of dredge and/or fill material into a Waters of the United States (Section 401, Clean Water Act).
The Idaho Department of Environmental Quality (IDEQ) is the water quality agency that administers water quality certification for the State of Idaho. The United States Environmental Protection Agency, Region 10 (USEPA) administers water quality certification for tribes that do not have water quality certifying authority with the State of Idaho. Currently, the only Tribes that have Section 401 water quality certification are the Coeur d'Alene Tribe and Shoshone-Bannock Tribes, Fort Hall Reservation.
Effective March 3, 2017, IDEQ issued its final 401 Water Quality Certification (WQC) for the 2017 NWPs. The Northwest Division Commander accepted the IDEQ’s final 401 WQC on March 17, 2017.
IDEQ certified all NWPs with the exception of the following:
NWP 12 is Partially Denied
NWP 13 is Partially Denied
NWP 14 is Partially Denied
NWP 16 is Denied without Prejudice
NWP 17 is Denied without Prejudice
NWP 23 is Denied without Prejudice
NWP 51 is Denied without Prejudice
NWP 52 is Denied without Prejudice
NWP 53 is Denied without Prejudice
NWP 54 is Denied without Prejudice
IDEQ also denied certification for any activities authorized by the NWPs that may result in the discharge to an "Outstanding Resource Water".
Effective February 5, 2018 The Coeur d'Alene Tribe, Shoshone-Bannock Tribe, Fort Hall Reservation and the U.S. EPA certified issued its final 401 WQC for the 2017 NWPs. An individual 401 Water Quality Certification (WQC) is required for any project within a tribal boundary located in the State of Idaho.
EPA certified all NWPs with the exception of the following:
NWP 3, 6, 7, 12, 13, 14, 23, 27, 41, 51 and 52 are Partially Certified with Conditions
NWP 16, 17, 21, 29, 39, 42, 43, 44, 46, 49, 50 and 53 are Denied without Prejudice