The Federal Energy Regulatory Commission (FERC) has issued a final rule clarifying the water quality certification process under Section 401 of the Clean Water Act for hydropower projects.
The rule establishes a one-year period for certifying authorities, such as the Oregon Department of Environmental Quality (DEQ), to act on water quality certification requests for projects that may discharge into U.S. waters.
This rule impacts hydropower projects in Oregon by requiring water quality certification or waiver for all FERC authorizations, including exemptions, amendments, and surrenders.
The Oregon DEQ supported the clarification that Section 401 applies to hydropower exemptions, eliminating previous uncertainties in the exemption process.
The rule updates terminology and aligns FERC’s regulations with the Environmental Protection Agency’s (EPA) standards, promoting consistency and clarity.
The rule is set to take effect on January 6, 2025, providing a clear timeline for Oregon’s DEQ to process certification requests.
Oregon DEQ’s involvement in the rulemaking process highlights the state’s active role in shaping federal regulations that affect local water quality management.