As a former licensee and now a consultant helping licensees with Federal Energy Regulatory Commission (FERC) relicensing and license compliance, I am appreciative of the rule changes proposed by the Environmental Protection Agency (EPA) in their notice of proposed rulemaking (NOPR). The NOPR clarifies the procedures under Section 401 of the Clean Water Act.
If you are not familiar with what the EPA is proposing and how it could benefit hydropower licensees, Troutman Sanders has developed an excellent summary that outlines the significant points of the NOPR.
The hearing on the proposed rule was held on August 16, 2019, and the proposed rule was published on August 22, 2019. Public comments were received until October 21, 2019.
Under Executive Order 13868, “Promoting Energy Infrastructure and Economic Growth,” the EPA shall finalize the proposed rule by May 2020.
If you have any questions about this subject or other Federal Energy Regulatory Commission hydropower licensing related concerns, please contact me at shawn.puzen@meadhunt.com.