AXPC Submits Comments Urging EPA to Refocus Clean Water Act Section 401 Certifications on Water Quality

August 6, 2025

Washington, D.C. – Today, The American Exploration and Production Council (AXPC), submitted comments to the U.S. Environmental Protection Agency (EPA) encouraging a durable, consistent framework for implementing Section 401 of the Clean Water Act, one that supports responsible energy production and protects water quality.  

AXPC comments in response to the EPA’s request for information (RFI) highlighted the need for a focused and legally sound approach to Section 401 certifications that enable oil and natural gas projects to proceed with clarity and efficiency while upholding environmental safeguards. The comment letter also emphasized the importance of ensuring EPA’s rules reflect the best reading of the law and provide certainty for energy projects.  

Wendy Kirchoff, AXPC’s Senior Vice President of Policy, said:  

“Misusing the Section 401 certification process has become a favored tactic to delay or block the build out of energy infrastructure – raising costs for consumers, hurting grid reliability, and stifling investment. AXPC urges EPA to implement Section 401 as Congress intended through a clear, consistent, and timely certification process that enables the infrastructure development required to meet America’s growing energy demand.” 

Recommendations include:  

• Keeping Section 401 reviews limited to water quality impacts from point source discharges, consistent with the statute 
• Replacing the 2023 definition of “water quality requirements” with one focused specifically on discharges to navigable waters. 
• Providing clear guidance on how EPA evaluates potential downstream water impacts across jurisdictions. 

Read the full comment letter here.