FOMB Files Appeal on DEP’s Lower Androscoggin Class C Carve-Out.
The Maine legislature recently upgraded classification of the lower Androscoggin River from C to B as part of a general reclassification bill signed by Governor Mills March 31, 2022. Despite this, the DEP recently issued the Water Quality Certificate (WQC) in the Pejepscot dam FERC license renewal requiring compliance with Class C for the next 30-50 year creating a Class C carve out in the middle of Class B water. Technically, all non-emergency legislation does not go into effect until 90 days after close of legislative session. Given the upcoming effective date of August 8, legislative intent, broad support for the upgrade and DEP’s nearly unbridled discretion and ability to set WQC conditions (like Class B compliance as of August 8), FOMB and other partners filed an appeal of the WQC July 8 with the Maine Board of Environmental Protection.
FOMB WQC Appeal and RFH Pejepscot 7-8-22 (pdf; file size: 6 MB)