RAPID/Hydropower/New York/Water Quality
New York Hydropower Water Quality Assessment(14-NY)
In New York, a hydropower developer may need a Section 401 Water Quality Certification and Storm Water Permit from the New York State Department of Environmental Conservation for Federal Energy Regulatory Commission (FERC) licensed projects that may discharge dredged or fill material into a water of the United States, including wetlands. The New York State Department of Environmental Conservation regulates a Nonpoint Source Pollution Programs to implement watershed plans and projects that monitor water quality. New York may also require water quality compliance conditions for FERC exempted hydropower projects pursuant to the State’s 30(c) power under the Federal Power Act.
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|401 Water Quality Certification Process (401 Certification):||The New York State Department of Environmental Conservation (DEC) Division of Water Resources reviews and issues 401 Water Quality Certifications (WQC). In addition to projects requiring a 401 WQC for a FERC license or exemption , a 401 WQC is required for projects triggered by a Clean Water Act Section 404 permit from the US Army Corps of Engineers.|
|401 Certification Regulatory Agency:||New York State Department of Environmental Conservation|
|401 Certification Threshold:||Section 401 of the Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.) requires developers, subject to a federal license or permit (e.g., Clean Water Act Section 404 permit, Federal Energy Regulatory Commission license, etc.), to obtain a 401 WQC if the project may result in any discharge into the navigable waters of the U.S.|
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