Establishing Reasonable Period of Time and Clarifications Regarding Clean Water Act Section 401(a)(1) Certifications for Hydroelectric Proceedings

In this final rule, the Federal Energy Regulatory Commission (Commission) amends its regulations to clarify that for any proceedings before the Commission that require a water quality certification pursuant to section 401(a)(1) of the Federal Water Pollution Control Act (Clean Water Act), the reasonable period of time during which the certifying authority may act on the water quality certification request is one year from the certifying authority's receipt of the request. The final rule also clarifies that all Commission authorizations that have the potential to discharge into waters of the United States require a section 401 water quality certification or waiver, including, depending on the activity being proposed, authorizations associated with hydropower exemptions, amendments, and surrenders. Finally, the final rule provides updated terminology in the Commission's hydropower regulations, updates the timing of the filing requirements for the Commission's expedited hydropower licensing process, and in response to comments on the Commission's Notice of Proposed Rulemaking, removes inconsistent language from parts 5 and 7 of the Commission's regulations.