California Supplemental (CSE) Practice Exam

What is required for activities subject to a permit issued by a federal agency regarding water quality in California?

1. Environmental Protection Agency Approval

2. RWQCB 401 Certification

3. U.S. Army Corps of Engineers Agreement

4. State Lands Commission Review

The correct answer is: RWQCB 401 Certification

In California, activities that may impact water quality and require a federal permit, particularly those involving discharges into waters of the United States, must also obtain a 401 Certification from the Regional Water Quality Control Board (RWQCB). This certification verifies that the proposed activity complies with state water quality standards and is necessary for the protection of water resources. The 401 Certification process ensures that state regulations align with federal permits, specifically those administered under Section 404 of the Clean Water Act, which pertains to the discharge of dredged or fill material into navigable waters. While approval from the Environmental Protection Agency, an agreement with the U.S. Army Corps of Engineers, or a review by the State Lands Commission may all play a role in various environmental or land use approvals, the specific necessity for a 401 Certification by the RWQCB is a definitive requirement that must be met to ensure compliance with California's water quality objectives alongside federal regulations. By obtaining this certification, applicants demonstrate that their activities will not violate established water quality standards and will successfully address the impact on water bodies in the state.