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| FERC | RIN: 1902-AG21 | Publication ID: Spring 2025 |
| Title: Establishing Reasonable Period of Time and Clarifications Regarding Clean Water Act Section 401(a)(1) Certifications for Hydroelectric Proceedings | |
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Abstract:
In this final rule, the Federal Energy Regulatory Commission (Commission) amended its regulations to clarify that for any proceedings before the Commission that require a water quality certification pursuant to section 401(a)(1) of the Federal Water Pollution Control Act (Clean Water Act), the reasonable period of time during which the certifying authority may act on the water quality certification request is one year from the certifying authority's receipt of the request. The final rule also clarified that all Commission authorizations that have the potential to discharge into waters of the United States require a section 401 water quality certification or waiver, including, depending on the activity being proposed, authorizations associated with hydropower exemptions, amendments, and surrenders. Finally, the final rule provided updated terminology in the Commission's hydropower regulations, updated the timing of the filing requirements for the Commission's expedited hydropower licensing process, and in response to comments on the Commission's Notice of Proposed Rulemaking, removed inconsistent language from parts 5 and 7 of the Commission's regulations (Docket No. RM24-5-000). |
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| Agency: Federal Energy Regulatory Commission(FERC) | Priority: Substantive, Nonsignificant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
| Major: No | Unfunded Mandates: No |
| EO 14192 Designation: Other | |
| CFR Citation: 18 CFR 4 to 7 | |
| Legal Authority: 16 U.S.C. 791a to 825r 42 U.S.C. 7101 to 7352 16 U.S.C. 792 to 828c 16 U.S.C. 2601 to 2645 Secs. 6, 10(i), and 13 41 Stat. 1067 and 1068 41 Stat. 1071, as amended by sec. 309 49 Stat. 858 16 U.S.C. 799 and 803(i) 16 U.S.C. 806 and 825h Pub. L. 96 to 511 94 Stat. 2812 (44 U.S.C. 3501 et seq.) Pub. L. 115 to 270 132 Stat. 3765 | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
| Small Entities Affected: No | |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Amber Leasure-Earnhardt Legal Information, Office of the General Counsel Federal Energy Regulatory Commission 888 First Street NE, Washington, DC 20426 Phone:202 502-6891 Email: amber.leasure-earnhardt@ferc.gov Miranda Millerick Legal Information, Office of the General Counsel Federal Energy Regulatory Commission 888 First Street NE, Washington, DC 20426 Phone:202 502-8781 Email: miranda.millerick@ferc.gov Michael Tust Technical Information, Office of Energy Projects Federal Energy Regulatory Commission 888 First Street NE, Washington, DC 20426 Phone:202 502-6522 Email: michael.tust@ferc.gov Jody Callihan Technical Information, Office of Energy Projects Federal Energy Regulatory Commission 888 First Street NE, Washington, DC 20426 Phone:202 502-8278 Email: jody.callihan@ferc.gov Andrea Claros Technical Information, Office of Energy Projects Federal Energy Regulatory Commission 888 First Street NE, Washington, DC 20426 Phone:202 502-8171 Email: andrea.claros@ferc.gov |
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