2026-11535Notice

Hydropower Certification Gets Automatic Pass If State Delays

Published Date: 6/9/2026

Notice

Summary

Erie Boulevard Hydropower, L.P. had previously withdrawn their water quality certification request but filed a new one in January 2026. The Federal Energy Regulatory Commission is now giving New York DEC until January 19, 2027, to decide on this new request. If New York DEC doesn’t act by then, the certification will be automatically approved, keeping the project moving without delays or extra costs.

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

NYDEC Given 1-Year 401 Deadline

Erie Boulevard Hydropower, L.P. filed a new Clean Water Act section 401(a)(1) water quality certification request with the New York State Department of Environmental Conservation on January 19, 2026. The Federal Energy Regulatory Commission notified New York DEC that it has until January 19, 2027 to act on that request. If New York DEC fails or refuses to act on or before January 19, 2027, the certifying authority is deemed waived under section 401(a)(1) of the Clean Water Act (33 U.S.C. 1341(a)(1)).

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Key Dates

Effective Date
Published Date
6/4/2026
6/9/2026

Department and Agencies

Department
Independent Agency
Agency
Energy Department
Federal Energy Regulatory Commission
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