Federal Energy Commission Sets Deadline for New york Water quality Certification
Washington, D.C. – September 25, 2025 - The federal Energy Regulatory Commission (FERC) today announced a one-year deadline for the New York State Department of Environmental Conservation (New York DEC) to review a water quality certification request submitted by Consolidated Hydro New York, LLC. This action initiates a critical timeframe under the Clean Water Act, perhaps impacting the future growth of the hydroelectric project.
Consolidated Hydro New York, LLC filed its request for Clean Water Act Section 401(a)(1) water quality certification with the New York DEC on September 12, 2025. The FERC, in turn, formally notified the New York DEC of this submission on September 16, 2025, and established September 12, 2026, as the date by which a decision must be rendered. This certification is a necessary step for the project to proceed,ensuring compliance with state water quality standards.
According to the Commission’s regulations, if the New york DEC does not approve, deny, or waive the certification by the specified deadline, the certification will be automatically deemed waived under section 401(a)(1) of the Clean Water Act (33 U.S.C. 1341(a)(1)). this would have significant implications for the project’s permitting process and potential construction timeline. The relevant regulations defining the certification process are outlined in 40 CFR 121.5.
Debbie-Anne A. Reese, Secretary of the FERC, formally issued the notice today, underscoring the Commission’s commitment to adhering to the statutory requirements of the Clean Water Act and ensuring timely review of water quality certification requests.
