FR 2021-02504

Summary of the Document

The notice addressed in the document pertains to Texas Eastern Transmission, LP's application for a water quality certification under section 401(a)(1) of the Clean Water Act. This certification is crucial for projects that may discharge into U.S. waters. Texas Eastern Transmission, LP has submitted its application to the Pennsylvania Department of Environmental Protection (DEP) and provided a copy to the Federal Energy Regulatory Commission (FERC). The key aspect of this notice is the timeframe given to the DEP to respond to the certification request. The document specifies that the DEP has until November 16, 2021, to act on the request. Should the DEP fail to act by this deadline, its authority to certify the request would be considered waived.

Significant Issues or Concerns

One notable issue with the document is the lack of an abstract that could help readers quickly grasp the essential details. Furthermore, it does not elaborate on the implications for Texas Eastern Transmission, LP or the project in question if the DEP fails to act. While the document provides a "reasonable period of time" for the DEP to respond, it does not clarify what happens if there are unforeseen delays or whether any provisions exist for extensions.

Additionally, the notice could benefit from more context regarding the nature and scope of the project that necessitates the water quality certification, allowing the public to better understand its importance and potential environmental impact. Moreover, there is no clear definition of what constitutes "failure to act" on the part of the DEP, leaving room for ambiguity in interpreting the deadline.

Impact on the Public

This notice could have several implications for the public. Firstly, water quality certifications are critical in ensuring that projects meet necessary environmental standards to protect water resources. Therefore, any delay or waiver by the DEP might spark concerns about environmental oversight and water safety.

Furthermore, the public might also be interested in understanding whether this project could impact local water bodies or ecosystems and to what extent their local environment might be affected. A lack of detailed project information might lead to confusion or concern about the potential environmental consequences.

Impact on Stakeholders

Various stakeholders may be affected differently by this notice. For Texas Eastern Transmission, LP, a failure by the DEP to respond could streamline their project timeline, as the absence of a decision could mean an automatic waiver of the certification requirement. This would facilitate progress in their initiatives, free from some regulatory constraints, but might also draw public scrutiny regarding environmental responsibility.

For the DEP, the notice underscores a significant responsibility to assess the water quality certification request accurately and within the given timeframe. There is pressure to balance expediency with thorough environmental review, especially under the public gaze.

For environmental groups and advocates, this notice highlights the importance of maintaining diligent regulatory oversight to prevent potential environmental harm. They may perceive any waiver as a lapse in environmental protection, motivating them to engage more actively in advocacy or monitoring efforts.

Overall, ensuring timely and appropriate action on water quality certifications is crucial for maintaining trust in environmental stewardship and regulatory processes.