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DEQ seeks comment on draft 401 water quality certification for American Falls Hydroelectric Project No. 2736-046  

Accepting comments from June 27, 2024, through August 10, 2024.  

The Idaho Department of Environmental Quality (DEQ) seeks comment on a draft 401 water quality certification for the American Falls Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. P-2736-046.  

Idaho Power Company initiated the FERC relicensing process in February 2023 using FERC’s traditional licensing process. DEQ previously issued a 401 water quality certification for the hydroelectric facility in November 1974. There have been no changes to the project since the original certification and no new modifications to the existing project are anticipated.  

Based upon review of the final license application, readily available water quality related materials and the certification request in accordance with the 40 C.F.R. § 121.5 (b) and (c), DEQ certifies that if the permittee complies with the terms and conditions imposed by the federal license and the conditions set forth in the water quality certification, then it is reasonable for DEQ to conclude that the activity will comply with water quality requirements, including applicable requirements of the Clean Water Act §§ 301, 302, 303, 306, and 307, Idaho’s “Water Quality Standards” (IDAPA 58.01.02), and other appropriate water quality requirements of state law.  

DEQ received a request on September 12, 2023, to certify that the American Falls Hydroelectric Project No. 2736-046 complies with state Water Quality Standards. Under Section 401 of the federal Clean Water Act, the project must be certified by the State within one year of receipt of the certification request before it can be relicensed by FERC. DEQ has until September 12, 2024, to certify the project.   

The draft certification is available for review at DEQ’s Pocatello Regional Office (444 Hospital Way, Suite 300) and DEQ’s Public Comment Opportunities web page. A public hearing will be provided if a written request is submitted on or before July 10, 2024. To request a meeting or hearing, contact Jennifer Cornell at jennifer.cornell@deq.idaho.gov or (208) 239-5021. Documents relating to the license application can be reviewed by accessing FERC’s eLibrary utilizing docket number P-2736-046.

Written comments will be accepted through August 10, 2024, at 5 p.m. MT. Submit comments electronically using the form below or by mail or email to:  

Jennifer Cornell  
444 Hospital Way, Suite 300 
Pocatello, ID 83201 
jennifer.cornell@deq.idaho.gov 

Related Documents

Draft certification


Accessibility Services:The Idaho Department of Environmental Quality will provide reasonable language access services and/or disability services for documents at no charge. To request an accommodation under Title VI of the Civil Rights Act of 1964 or Americans with Disabilities Act, contact DEQ’s nondiscrimination coordinator at (208) 373-0271 or accessibility@deq.idaho.gov. Para obtener información en español, visite https://www.deq.idaho.gov/about-us/accessibility/.

Public Comment Form

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