New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter X - Certification Of Major Electric Generating Facilities › Subchapter A - Regulations Implementing Article 10 Of The Public Service Law As Enacted By Chapter 388, Section 12, Of The Laws Of 2011 › Part 1000 - General Procedures › Section 1000.8 - Water quality and coastal certification procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In accordance with section 401 of the
				  Clean Water Act, if construction or operation of a proposed major electric
				  generating facility, its interconnections, or related facilities would result
				  in any discharge into the navigable water of the United States and require a
				  Federal license or permit, the applicant is required to request and obtain a
				  water quality certification indicating that the proposed activity will be in
				  compliance with water quality standards.
(1)
				  Generally, the request for the water quality certification shall be submitted
				  accompanying the article 10 application. However, in the event the related
				  application for a Federal license or permit has not been submitted on or before
				  the date of submission of the article 10 application, the request for the water
				  quality certification shall be submitted to the board when an application for a
				  Federal license or permit is made. If the request does not accompany the
				  article 10 application, the applicant shall provide a statement describing its
				  plan for making such a request, including a timetable.
(2) A copy of all pertinent State and Federal
				  permit applications related to the water quality certification shall be
				  submitted along with the request for the water quality certification.
(3) In support of any request for a water
				  quality certification, an applicant shall demonstrate compliance with the
				  provisions referenced in 6 NYCRR section 608.9. A request for a water quality
				  certification will not be considered valid until the applicant files with the
				  secretary a copy of its related Federal permit application.
(4) Any applicant that applies for a Federal
				  license or permit that will require a water quality certification shall provide
				  the pertinent contact information for the district engineer of the U.S. Army
				  Corps of Engineers or other Federal lead agency to use in contacting the board
				  as to the applicable time period or any other issue.
(5) When an applicant or certificate holder
				  has requested both a water quality certification from the board and permits
				  from the U.S. Army Corps of Engineers or other Federal lead agency, the board
				  or a designee will provide information to the district engineer or other
				  Federal lead agency as to whether circumstances require a period of time longer
				  than the period specified in applicable Federal regulations for the certifying
				  agency to act on the request for certification in order to avoid a waiver. The
				  board shall issue, waive or deny such certification within such applicable
				  period after the filing of the application or other document in which the
				  request is made, taking into account whether any Federal agency from which the
				  applicant or certificate holder has sought a license or permit to conduct any
				  activity that may result in any discharge into the navigable waters has:
(i) advised the board that such certification
				  must either be issued or denied within a specified shorter period or be waived;
				  or
(ii) determined that such
				  certification may either be issued or denied within a specified longer period,
				  not to exceed one year (based on information provided by a designee of the
				  board), or be waived.
(6) If it appears that the review of a
				  request for a water quality certification cannot be completed within the
				  applicable period identified in paragraph (5) of this subdivision, the board or
				  a designee will deny the certification without prejudice to a later request for
				  certification.
(7) The DPS Director
				  of the Office of Energy Efficiency and the Environment is designated to act as
				  the designee referenced in this section.
(8) If the request for a water quality
				  certification does not accompany an application, it shall be filed and served
				  and notice of it shall be given in the same manner as an application pursuant
				  to sections
				  1000.6
				  and
				  1000.7 
				  of this Part. If the request for a water quality certification is filed after
				  the issuance of the article 10 certificate, and such request proposes changes
				  of a nature that litigated issues would need to be reopened, such request shall
				  be treated as a request also for a revision of the article 10
				  certificate.