RAPID/Hydropower/New York/Water Quality

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New York Hydropower Water Quality Assessment(14-NY)

In New York, a hydropower developer may need a Section 401 Water Quality Certification from the New York State Department of Environmental Conservation for Federal Energy Regulatory Commission (FERC) licensed projects or projects that require approval from the U.S. Army Corps of Engineers that may discharge dredged or fill material into a water of the United States, including wetlands. New York may also require a 401 Water Quality Certification or wavier for conditions for FERC exempted hydropower projects pursuant to the State’s 30(c) power under the Federal Power Act.

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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.


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Permitting at a Glance

401 Water Quality Certification: A project subject to federal license or permit (e.g., Clean Water Act 404 permit, Federal Energy Regulatory Commission license, etc.), may need a 401 Water Quality Certification or waiver if the project may result in any discharge into navigable waters of the United States. [Need Cite].DEC also requires a 401 WQC for Federal Energy Regulatory Commission exemptions. 6 CCR-NY §608.9 (a), Water Quality Certifications.
401 Certification Agency: New York State Department of Environmental Conservation