---
kind: "section"
citation: "40 C.F.R. § 121.7"
title: "40"
number: "121.7"
heading: "Certification decisions."
url: "https://uscodex.org/cfr/40/121.7"
---

# §121.7. Certification decisions.

- (a) A certifying authority may act on a request for certification in one of four ways: grant certification, grant certification with conditions, deny certification, or expressly waive certification.
- (b) A certifying authority shall act on a request for certification within the scope of certification and within the reasonable period of time.
- (c) A grant of certification shall be in writing and should include the following:
  - (1) Identification of the decision as a grant of certification;
  - (2) Identification of the applicable Federal license or permit;
  - (3) A statement that the activity will comply with water quality requirements; and
  - (4) An indication that the certifying authority complied with its public notice procedures established pursuant to Clean Water Act [section 401(a)(1)](/cfr/40/401.md?p=a-1).
- (d) A grant of certification with conditions shall be in writing and should include the following:
  - (1) Identification of the decision as a grant of certification with conditions;
  - (2) Identification of the applicable Federal license or permit;
  - (3) A statement explaining why each of the included conditions is necessary to assure that the activity will comply with water quality requirements; and
  - (4) An indication that the certifying authority complied with its public notice procedures established pursuant to Clean Water Act [section 401(a)(1)](/cfr/40/401.md?p=a-1).
- (e) A denial of certification shall be in writing and should include the following:
  - (1) Identification of the decision as a denial of certification;
  - (2) Identification of the applicable Federal license or permit;
  - (3) A statement explaining why the certifying authority cannot certify that the activity will comply with water quality requirements, including but not limited to a description of any missing water quality-related information if the denial is based on insufficient information; and
  - (4) An indication that the certifying authority complied with its public notice procedures established pursuant to Clean Water Act [section 401(a)(1)](/cfr/40/401.md?p=a-1).
- (f) An express waiver shall be in writing and should include the following:
  - (1) Identification of the decision as an express waiver of certification;
  - (2) Identification of the applicable Federal license or permit;
  - (3) A statement that the certifying authority expressly waives its authority to act on the request for certification; and
  - (4) An indication that the certifying authority complied with its public notice procedures established pursuant to Clean Water Act [section 401(a)(1)](/cfr/40/401.md?p=a-1).
- (g) If the certifying authority determines that no water quality requirements are applicable to the activity, the certifying authority shall grant certification.

## Notes

### Authority

Authority: 33 U.S.C. 1251 et seq.

### Source

Source: 88 FR 66661, Sept. 27, 2023, unless otherwise noted.