MarineEnergyApp
Welcome to Marine Energy!
Resources for environmental compliance in support of projects involving technologies that leverage the energy from marine and hydrokinetic resources such as waves, tides, rivers, ocean currents, and temperature and salinity gradients.
Related links:
- Technologies
- Stressors
- Receptors
- Geographies
- Projects
- Glossary
- Wiki Help
- How To Add New FERC Documents
- Regulatory Diagram
Regulations
By State:
While there are some similarities in state-specific processes that derive from federal mandates and regulations, each state differs with regard to its regulatory process for Marine Energy projects. Typically, state regulatory activities take place in the context of the federal processes, e.g., U.S. Army Corps of Engineers process. The Hydropower Toolkit within the Regulatory and Permitting Information Desktop (RAPID) Toolkit of OpenEI provides regulatory information for riverine projects in specific states where it is available.
USACE-led Process:
Projects in state waters require authorization from the U.S. Army Corps of Engineers (USACE) regardless of whether the project is grid-connected or not, unless the project activities fall within the scope of Nationwide Permit 52 (Water-Based Renewable Energy Generation Pilot Projects, Effective Date: March 19, 2017; Expiration Date: March 18, 2022). Authorization from the USACE encompasses the following regulatory elements:
- National Environmental Policy Act (NEPA)
- Clean Water Act (CWA) §404
- Rivers and Harbors Act (RHA) §10
- Endangered Species Act (ESA)
- Essential Fish Habitat (EFH)
- Migratory Bird Treaty Act (MBTA)
- Clean Water Act (CWA) §408
- Marine Mammal Protection Act (MMPA)
- Clean Water Act (CWA) §401
- Coastal Zone Management Act (CZMA)
- Fish and Wildlife Coordination Act (FWCA)
- National Historic Preservation Act (NHPA)
- Private Aids to Navigation (PATONs)