2025-09599Notice

Hydro Hurdle: Maine Gets One Year to Certify Clean Water

Published Date: 5/29/2025

Notice

Summary

Brookfield White Pine Hydro, LLC asked Maine’s environmental agency for permission to keep their water clean while running their hydro project. Maine has one year, until May 8, 2026, to approve or deny this request. If they don’t decide by then, the approval is automatically given, which could speed things up for the company and affect local water rules.

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

One-year deadline for Maine action

Maine received a Clean Water Act section 401 certification request on May 8, 2025, and has one year — until May 8, 2026 — to approve or deny it. If Maine DEP does not act by May 8, 2026, the certifying authority is automatically waived under section 401(a)(1) of the Clean Water Act.

Automatic waiver could speed project

The notice says that if Maine DEP fails to act by May 8, 2026, approval is deemed waived, which could speed things up for Brookfield White Pine Hydro, LLC and affect local water rules. That means the company may be able to proceed sooner if the state does not make a decision within the one-year period.

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Key Dates

Effective Date
Published Date
5/8/2025
5/29/2025

Department and Agencies

Department
Independent Agency
Agency
Energy Department
Federal Energy Regulatory Commission
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