PUD No. 1 of Jefferson Cty. v. Washington Dept. of Ecology, 511 U.S. 700, 13 (1994)

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712

PUD NO. 1 OF JEFFERSON CTY. v. WASHINGTON DEPT. OF ECOLOGY

Opinion of the Court

subject to certification—namely, those with discharges. And § 401(d) is most reasonably read as authorizing additional conditions and limitations on the activity as a whole once the threshold condition, the existence of a discharge, is satisfied.

Our view of the statute is consistent with EPA's regulations implementing § 401. The regulations expressly interpret § 401 as requiring the State to find that "there is a reasonable assurance that the activity will be conducted in a manner which will not violate applicable water quality standards." 40 CFR § 121.2(a)(3) (1993) (emphasis added). See also EPA, Wetlands and 401 Certification 23 (Apr. 1989) ("In 401(d), the Congress has given the States the authority to place any conditions on a water quality certification that are necessary to assure that the applicant will comply with effluent limitations, water quality standards, . . . and with 'any other appropriate requirement of State law' "). EPA's conclusion that activities—not merely discharges—must comply with state water quality standards is a reasonable interpretation of § 401, and is entitled to deference. See, e. g., Arkansas v. Oklahoma, 503 U. S. 91, 110 (1992); Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984).

Although § 401(d) authorizes the State to place restrictions

on the activity as a whole, that authority is not unbounded. The State can only ensure that the project complies with "any applicable effluent limitations and other limitations, under [33 U. S. C. §§ 1311, 1312]" or certain other provisions of the Act, "and with any other appropriate requirement of State law." 33 U. S. C. § 1341(d). The State asserts that the minimum stream flow requirement was imposed to ensure compliance with the state water quality standards adopted pursuant to § 303 of the Clean Water Act, 33 U. S. C. § 1313.

We agree with the State that ensuring compliance with

§ 303 is a proper function of the § 401 certification. Although § 303 is not one of the statutory provisions listed in § 401(d),

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