StacksVerified U.S. regulatory reference

40 CFR §121.5

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov
  1. (a)Where a project proponent is seeking certification from any certifying authority, the request for certification shall include the following minimum contents:
    1. (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:
      1. (i)A copy of the Federal license or permit application submitted to the Federal agency; and
      2. (ii)Any readily available water quality-related materials that informed the development of the application.
    2. (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:
      1. (i)A copy of the draft Federal license or permit; and
      2. (ii)Any readily available water quality-related materials that informed the development of the draft Federal license or permit.
  2. (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. (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. (2)The specific location of any discharge(s) that may result from the proposed activity;
    3. (3)A map or diagram of the proposed activity site, including the proposed activity boundaries in relation to local streets, roads, and highways;
    4. (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. (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. (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. (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.
  3. (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.
  4. (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.