40 CFR § 121.3 - Scope of certification.
---
identifier: "/us/cfr/t40/s121.3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 121.3 - Scope of certification."
title_number: 40
title_name: "Protection of Environment"
section_number: "121.3"
section_name: "Scope of certification."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "D"
subchapter_name: "WATER PROGRAMS"
part_number: "121"
part_name: "STATE CERTIFICATION OF ACTIVITIES REQUIRING A FEDERAL LICENSE OR PERMIT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "33 U.S.C. 1251"
regulatory_source: "88 FR 66661, Sept. 27, 2023, unless otherwise noted."
cfr_part: "121"
---
# 121.3 Scope of certification.
(a) When a certifying authority reviews a request for certification, the certifying authority shall evaluate whether the activity will comply with applicable water quality requirements. The certifying authority's evaluation is limited to the water quality-related impacts from the activity subject to the Federal license or permit, including the activity's construction and operation.
(b) Consistent with the scope of review identified in paragraph (a) of this section, a certifying authority shall include any conditions in a grant of certification necessary to assure that the activity will comply with applicable water quality requirements.