The General Plan

Build

FERC Sets Aug. 6, 2027 Deadline for Maine DEP to Act on Bangor-Pacific Hydro Water Quality Certification

The Federal Energy Regulatory Commission has notified Maine's environmental agency that it has one year from receipt of a Clean Water Act Section 401 certification request to act on the Bangor-Pacific Hydro Associates project or forfeit its certifying authority.

1 min read Synthesized & fact-checked by The General Plan

The Federal Energy Regulatory Commission (FERC) issued a notice on August 19, 2026, establishing the reasonable period of time for the Maine Department of Environmental Protection (Maine DEP) to act on a water quality certification request filed by Bangor-Pacific Hydro Associates in connection with Project No. 2600-088.

According to the notice, Maine DEP submitted to the Commission on August 12, 2026, notice that it had received a request for a Clean Water Act Section 401(a)(1) water quality certification — as defined in 40 CFR 121.5 — from Bangor-Pacific Hydro Associates. The Commission notes that Maine DEP received that certification request on August 6, 2026.

Pursuant to 18 CFR 5.23(b)(2), FERC notified Maine DEP that the reasonable period of time to act on the certification request is one year, running from the date of receipt: August 6, 2027. The notice states that if Maine DEP fails or refuses to act on the water quality certification request on or before that date, then the certifying authority is deemed waived pursuant to Section 401(a)(1) of the Clean Water Act, 33 U.S.C. 1341(a)(1).

What to watch

Maine DEP must act on Bangor-Pacific Hydro Associates' Clean Water Act Section 401(a)(1) water quality certification request by August 6, 2027. Failure or refusal to act by that date results in the certifying authority being deemed waived under federal law.

Related

Sources

9 cited

Every hard fact above is grounded in and cited to a primary source record.

  1. The Federal Energy Regulatory Commission issued its notice on August 19, 2026.

    federalregister.gov

  2. Maine DEP submitted to FERC on August 12, 2026, notice that it had received a request for a Clean Water Act Section 401(a)(1) water quality certification from Bangor-Pacific Hydro Associates.

    federalregister.gov

  3. Maine DEP received the certification request from Bangor-Pacific Hydro Associates on August 6, 2026.

    federalregister.gov

  4. The certification request concerns Project No. 2600-088.

    federalregister.gov

  5. The water quality certification is defined in 40 CFR 121.5.

    federalregister.gov

  6. FERC's notice was issued pursuant to 18 CFR 5.23(b)(2).

    federalregister.gov

  7. The reasonable period of time to act on the certification request is one year, with a deadline of August 6, 2027.

    federalregister.gov

  8. If Maine DEP fails or refuses to act on the water quality certification request on or before August 6, 2027, the certifying authority is deemed waived pursuant to Section 401(a)(1) of the Clean Water Act, 33 U.S.C. 1341(a)(1).

    federalregister.gov

  9. The notice was signed by Debbie-Anne A. Reese, Secretary.

    federalregister.gov

More from Build