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| Regulations & policy


Aaron Levine, a senior legal and regulatory analyst at NREL, said this isn’t the first time that the WOTUS definition has changed. As an environmental lawyer who oversees the Hydropower Regulatory and Permitting Information Desktop (RAPID) Toolkit, he has curated a library of the federal and state regulations that can impact new or ongoing hydropower projects. The RAPID Toolkit was developed with funding from the Department of Energy’s Water Power Technologies Office as navigating the complex web of federal and state hydropower regulations can cause major challenges for both new and experienced developers, regulators, and non-governmental organisations. This free toolkit offers access to information on


regulatory and permitting requirements, lessons learned and best practices, case studies, and how-to information while facilitating communication among stakeholders. Since 2015, hydropower stakeholders have provided input to keep the toolkit current and robust. This year, Levine and his team have been deciphering how recent changes to the Clean Water Act, the WOTUS definition and other new federal and state rules could affect the hydropower industry. For example, the recent Supreme Court ruling determined that any wetlands adjacent to – but not continuously connected to – relatively permanent rivers, streams, lakes, or other bodies of water no longer qualify as WOTUS. That means a hydropower developer may no longer need to apply for a permit to discharge dredged and fill material (often rock, sand, or soil) to stabilise the ground prior to building a transmission line to connect their facility to the grid. The RAPID Toolkit houses information on National


Environmental Policy Act (NEPA) environmental reviews for ten agencies, including those that are most often involved in hydropower development: the US Department of Energy, Federal Energy Regulatory Commission, Bureau of Reclamation, US Army Corps of Engineers, and US Forest Service. New NEPA


amendments now require federal agencies to all work together to develop a single environmental review document and tap one of those agencies as the lead agency. It is also likely that agencies will be required to complete environmental assessments within one year and environmental impact statements within two years, whereas they previously were taking at least twice as long. They must also adhere to new, shorter page limits and both changes are intended to accelerate what tends to be a time-consuming process. Developers can now sue a federal agency if they fail to comply, and federal agencies must justify any delays to Congress.


Net-zero Canada WaterPower Canada has unveiled a comprehensive


guidebook aimed at assisting policymakers in unlocking the complete potential of water-generated electricity. “Hydropower’s Contribution to a Net-Zero Electricity Grid” is a concise and robust report that emphasises the pivotal role of hydropower in shaping Canada’s net-zero future. Simplifying technical concepts, the whitepaper makes topics such as electricity system frequency, net demand and grid ancillary services, easy to understand for readers without technical backgrounds. It also underscores the indispensable grid services that hydropower provides, and offers invaluable insights to Canadian electricity policymakers and various stakeholders within the electricity industry.


Amid Canada’s swift transition towards achieving


net-zero carbon emissions, the ongoing evolution of the electrical grid demands the expansion and advancement of transmission networks across broader areas to incorporate variable renewable energy sources. Benefiting from the extensive network of dams and reservoirs that dot the nation’s landscape, hydropower’s significance is poised to escalate further in the future.


www.waterpowermagazine.com | October 2023 | 45


Above: Aerial drone view of Lindley Wood Reservoir in North Yorkshire, England, showing the dry reservoir basin. MPs have called for more reservoir construction to ward off future water shortages


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