In the case of FERC projects, West Virginia has taken additional precautions 

 with regard to time for review. 



If the project application is altered or modified during the FERC licensing 

 process prior to FERC's final decision, the applicant shall inform the 

 Department of such changes. The Department may review such alterations or 

 modifications and, if the changes are deemed sig^tificant by the Director, the 

 Department may require a new application for certificadon. The Department 

 will have ninety (90) days to review such dumges or until the end of the year 

 review period . . . , whichever is longer, to determine whether to require a 

 new application or to alter its origbtal certification decision. If the 

 department requires a new application because of a sign^icant application 

 modification, then the Deparmient wiU have ax (6) moritits to issue its 

 certification decision from the date of submission of the apj^ication.^^ 



... 1^ 



B. Reqnireinents for the Applicant 



It is veiy important, in particular for conserving the agents resources and 

 ensuring that tibere is sufficient information to determine that water quality standards 

 and other provisions of the CWA wiU not be violated by the activity, to clarify that it is 

 the applicant who is responsible for providing or proving particular facts or 

 requirements. 



For instance. Section 401(a)(1) reqiiires that a State "establish procedures for 

 public notice in the case of aU applications for certification." West A^ginia requires 

 applicants for FERC licenses to be responsible for this notice. In the case of Section 

 404 permits, West Virginia has a joint notice process with the Corps to issue public 

 notices for 404 applications which also notify the public of the State certification 

 process. Thus, there is no need for West Virginia to require the applicant to do so for 

 these permits.^ 



A second consideration is that States should require the a pplicant to demonstrate 

 the project's compliance with applicable federal and State law and regulatioiL EPA's 

 401 certification regulations name the sources of information a State should toe. as that 

 contained in the application and other information "furnished by the applicant" 

 sufficient to allow the agency to make a statement that water quality standards will not 

 be violated.^ Of course in addition, the regulations also refer to other information the 

 agency may choose to examine which is not furnished by the applicant 



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