FR 2025-06894

Summary of the Document

The document is a notice from the Federal Energy Regulatory Commission (FERC), published on April 16, 2025. It concerns a request for a water quality certification under the Clean Water Act by Erie Boulevard Hydropower, L.P. The request was submitted to the New York State Department of Environmental Conservation (New York DEC). The New York DEC now has until April 9, 2026, to act on this request. If they fail to do so within one year, it will be deemed a waiver of the certification requirement according to the Clean Water Act.

Significant Issues and Concerns

One of the primary issues with the document is the lack of explanation as to why a one-year period is deemed a "reasonable" timeframe for the New York DEC to process the certification request. For readers not intimately familiar with regulatory timelines, this may seem arbitrary and lacks justification.

The document also omits the potential consequences for Erie Boulevard Hydropower, L.P. if the New York DEC does not act within the set period. This leaves stakeholders unclear about what happens next and how a waiver might impact their project.

Additionally, the document uses the phrase "we hereby notify" without specifying who "we" refers to, which might cause confusion about the authority responsible for the notification. There is an implicit assumption that readers will understand this refers to FERC, but explicit clarification would eliminate ambiguity.

The references to external regulations (40 CFR 121.5 and 18 CFR 4.34(b)(5)(iii)) are not explained, potentially leaving readers without sufficient context unless they are already familiar with these codes.

Finally, the metadata associated with the document has an abstract field that is left null, which could have served as a helpful summary for those seeking a quick understanding of the document's purpose.

Impact on the Public

For the general public, this document highlights the process and timelines involved in securing a water quality certification under the Clean Water Act. Such notices ensure transparency in regulatory procedures and keep the public informed about environmental oversight on hydropower projects.

However, without the necessary context or a comprehensive breakdown of the impact, many in the public might find it challenging to understand how regulatory actions, or the absence thereof, might affect environmental quality and local ecosystems.

Impact on Specific Stakeholders

For Erie Boulevard Hydropower, L.P., this notice is crucial as it sets the deadline for the New York DEC to issue a decision on their water quality certification request. The potential waiver of the certification requirement, should the New York DEC fail to act, might expedite the project; however, it might also impact how the project's environmental compliance is perceived by stakeholders.

For the New York DEC, the notice serves as a formal reminder of their regulatory duties and the timeframe within which they must work. This could place pressure on the department to complete its review process within the established deadline to avoid a waiver scenario, reflecting on their efficiency and effectiveness in managing environmental assessments.

In sum, while the document serves an important regulatory function, clarity and comprehensive context are essential to ensure all stakeholders, including the general public, fully understand the implications and responsibilities involved.