FERC Seeks Comments on Waiver of Water Quality Certification Requirements of Section 401 of the Clean Water Act
On October 19, 2020, the U.S. Federal Energy Regulatory Commission (FERC) issued a notice of proposed rulemaking to establish a reasonable period of time for a certifying authority to act on water quality certification requests. These requests are made in relation to natural gas and liquified natural gas projects pursuant to section 401 (a) (1) of the Clean Water Act. FERC states that it will allow certifying authorities up to one year from receipt of a request for section 401 certification to grant or deny the applicant’s request. Written comments on the notice are due by November 18, 2020.