FERC Water Rule Final

Final Water Quality Certification Rule Published

Dianne R. Phillips, Holland & Knight (April 02): On March 29, FERC published its Final Rule regarding Waiver of the Water Quality Certification Requirements of Section 401 of the Clean Water Act. The Final Rule amends FERC’s regulations to categorically establish a one-year time period for a state- or tribal-certifying authority to act on a water health certification request related to natural gas pipelines and LNG projects pursuant to Section 3 or Section of the Natural Gas Act (NGA).

This one-year period is the maximum allowed by statute, consistent with FERC’s hydroelectric project regulations and consistent with FERC’s long-standing practice in pipeline and LNG proceedings. The regulatory changes take effect on June 28.

Link to Content | Link to Final FERC Rule