Ground water protected area in Pennsylvania: New withdrawals; protected area permits,

[Federal Register: January 12, 1999 (Volume 64, Number 7)]

[Proposed Rules]

[Page 1763-1765]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr12ja99-15]

Proposed Rules Federal Register

This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

[[Page 1763]]

DELAWARE RIVER BASIN COMMISSION

18 CFR Part 430

Protected Area Permits for New Withdrawals; Proposed Amendments to the Commission's Ground Water Protected Area Regulations for Southeastern Pennsylvania; Public Hearing

AGENCY: Delaware River Basin Commission.

ACTION: Notice of proposed rulemaking and public hearing.

SUMMARY: Notice is hereby given that the Delaware River Basin Commission will hold a public hearing to receive comments on proposed amendments to its Ground Water Protected Area Regulations for Southeastern Pennsylvania with respect to the establishment of numerical ground water withdrawal limits for 62 subbasins which are entirely or partially within the Ground Water Protected Area. Limits, based upon baseflow frequency analyses, were initially specified for the 14 subbasins in the Neshaminy Creek Basin. Limits for the remaining 62 subbasins are based upon additional baseflow frequency analyses provided by the U.S. Geological Survey in 1998. Although the limits within the Neshaminy Creek Basin remain unchanged, the withdrawal limits for the entire protected area are presented in this notice.

DATES: The public hearing will be held on Tuesday, March 9, 1999 beginning at 1 p.m. and continuing until 5 p.m., as long as there are people present wishing to testify. The hearing will resume at 7 p.m. and continue until 9 p.m., as long as there are people present wishing to testify.

The deadline for inclusion of written comments in the hearing record will be announced at the hearing. Persons wishing to testify at the hearing are requested to register with the Secretary in advance of the hearing.

ADDRESSES: Written comments should be submitted to Susan M. Weisman, Delaware River Basin Commission, P.O. Box 7360, West Trenton, New Jersey 08628. The public hearings will be held in the Hearing Room of the Pennsylvania Department of Environmental Protection's Southeastern Regional Office at 555 E. North Lane, Lee Park Suite 6010, Conshohocken, Pennsylvania.

FOR FURTHER INFORMATION CONTACT: Copies of the Commission's Ground Water Protected Area Regulations for Southeastern Pennsylvania may be obtained by contacting Susan M. Weisman, Commission Secretary, at (609) 883-9500 ext. 203.

SUPPLEMENTARY INFORMATION:

Background and Rationale

The Commission's Ground Water Protected Area Regulations for Southeastern Pennsylvania were adopted in 1980 to prevent depletion of ground water, protect the interests and rights of lawful users of the same water source, and balance and reconcile alternative and conflicting uses of limited water resources in the area. Lowered water tables resulting from withdrawals in excess of recharge rates have led to reduction of flows in some perennial streams in the region and have dried up some stream reaches which previously flowed all year. Such reductions in base flow interfere with instream and downstream water uses, adversely affect fisheries and aquatic life, and threaten to reduce the capacity of streams in the region to assimilate pollutants.

On January 28, 1998, the Commission adopted amendments to the Ground Water Protected Area Regulations which established a two-tiered system of withdrawal limits. The first tier serves as a warning that a subbasin is ``potentially stressed''. In potentially stressed subbasins, applicants for new or expanded ground water withdrawals are required to implement one or more programs to mitigate adverse impacts of additional ground water withdrawals. Acceptable programs include: conjunctive use of ground water and surface water; expanded water conservation; control of ground water infiltration to the receiving sewer systems; and artificial recharge and spray irrigation. The second tier serves as the maximum withdrawal limit. The Commission seeks to prevent ground water withdrawals from exceeding the maximum withdrawal limit.

The regulations also provide incentives for holders of existing DRBC dockets and protected area permits to implement the above-cited conjunctive use and conservation programs to mitigate the adverse impacts of their ground water withdrawals. If docket or permit holders successfully implement one or both programs, the Commission could extend the docket or permit duration for up to ten years.

The regulations also specify administrative criteria for issuing and review of dockets and permits as well as protocol for updating and revising withdrawal limits to provide additional protection for streams designated by the Commonwealth of Pennsylvania as ``high quality'' or ``exceptional value'', or to correspond with any integrated resources plans adopted by municipalities for subbasins.

The ground water study which provided the basis for the withdrawal limits for the subbasins in the Neshaminy Creek Basin was prepared by the U.S. Geological Survey in cooperation with the Commission and is entitled ``Water-Use Analysis Program for the Neshaminy Creek Basin, Bucks and Montgomery Counties, Pennsylvania.'' The U.S. Geological Survey was contracted by the Commission to prepare a similar study to investigate the withdrawal limits for the remaining subbasins in the protected area. The results of both studies are recorded on CD-ROM which is available from the Commission. Specific software, the Access database and ArcView from ESRI are required to view the CD-ROM. To review the CD-ROM at the Commission's offices, please contact Judith Strong, at (609) 883-9500 ext. 263 for an appointment. To order the CD- ROM at a cost of $10, please contact Carolyn Hartman at (609) 883-9500 ext. 249. To review the CD-ROM at locations within the protected area, please contact Susan M. Weisman at (609) 883-9500 ext. 203.

List of Subjects in 18 CFR Part 430

Water supply.

The subject of the hearing will be as follows:

[[Page 1764]]

Amendment to the Commission's Ground Water Protected Area Regulations for Southeastern Pennsylvania Relating to the Establishment of Numerical Ground Water Withdrawal Limits for Subbasins in the Protected Area

For the reasons set forth in the preamble, part 430 is proposed to be amended as follows:

PART 430--GROUND WATER PROTECTION AREA: PENNSYLVANIA

1. The authority citation for part 430 continues to read as follows:

   Authority: Pub. L. 87-328 (75 Stat. 688).

   Sec. 430.13 [Amended]

2. Section 430.13 is amended by revising paragraph (i)(3) to read as follows: * * * * *

   (i) * * *

   (3)(i) The potentially stressed levels and withdrawal limits for all delineated basins and subbasins are set forth below:

   Potentially Subbasin

   stressed

   Withdrawal (mgy) * limit (mgy)

   Neshaminy Creek Basin

   West Branch Neshaminy Creek Basin.......

   1054

   1405 Pine Run Basin..........................

   596

   795 North Branch Neshaminy Creek............

   853

   1131 Doylestown Subbasin Neshaminy Creek.....

   710

   946 Warwick Subbasin Neshaminy Creek........

   889

   1185 Warrington Subbasin Little Neshaminy Creek..................................

   505

   673 Park Creek Basin........................

   582

   776 Warminster Subbasin Little Neshaminy Creek..................................

   1016

   1355 Mill Creek Basin........................

   1174

   1565 Northampton Subbasin Neshaminy Creek....

   596

   794 Newtown Creek...........................

   298

   397 Core Creek Basin........................

   494

   658 Ironworks Creek Basin...................

   326

   434 Lower Section Subbasin Neshaminy Creek..

   3026

   4034

   Schuylkill River Basin

   Hay Creek...............................

   974

   1299 Lower Reach Manatawny-Ironstone Creek...

   1811

   2414 Pigeon Creek............................

   611

   815 Schuylkill-Crow Creek...................

   1157

   1543 Schuylkill-Mingo Creek..................

   671

   895 Schuylkill-Plymouth-Mill Creeks.........

   4446

   5929 Schuylkill-Sixpenny Creek...............

   1490

   1987 Schuylkill-Sprogels Run.................

   1091

   1455 Schuylkill-Stony Creek..................

   687

   916 Schuylkill-Trout Creek..................

   1082

   1443 Stony Creek.............................

   1242

   1655 Valley Creek............................

   1865

   2486

   French and Pickering Creek Subbasins

   Lower Reach French Creek................

   634

   845 Lower Reach Pickering Creek.............

   1716

   2288 Middle Reach French Creek...............

   1608

   2145 South Branch French Creek...............

   1044

   1393 Upper Reach French Creek................

   1295

   1726 Upper Reach Pickering Creek.............

   1358

   1811

   Perkiomen and Skippack Creek Subbasins

   East Branch Perkiomen-Indian Creeks.....

   633

   844 East Branch Perkiomen-Mill Creeks.......

   720

   961 East Branch Perkiomen-Morris Run........

   1214

   1619 Hosensack-Indian Creeks.................

   1257

   1676 Lower Reach Skippack Creek..............

   1069

   1426 Perkiomen-Deep Creeks...................

   1047

   1396 Perkiomen-Lodal Creeks..................

   1200

   1600 Perkiomen-Macoby Creek..................

   1252

   1669 Swamp-Middle Creeks.....................

   1423

   1898 Swamp-Minister Creeks...................

   547

   730 Swamp-Scioto Creeks.....................

   746

   994 Towamencin Creek........................

   466

   622 Unami-Licking Creeks....................

   992

   1322 Unami-Ridge Valley Creeks...............

   1068

   1424 Upper Reach Perkiomen Creek.............

   1223

   1631 Upper Reach Skippack Creek..............

   813

   1084 West Branch Perkiomen Creek.............

   1566

   2088

   [[Page 1765]]

   Delaware River Basin

   Jericho Creek...........................

   421

   562 Mill Creek..............................

   1600

   2134 Paunnacussing Creek.....................

   513

   684 Pidcock Creek...........................

   563

   751 Upper Reach Cobbs Creek.................

   871

   1161 Upper Reach Crum Creek..................

   1290

   1721 Upper Reach Darby Creek.................

   1625

   2167 Upper Reach East Branch Chester Creek...

   1865

   2487 Upper Reach Frankford Creek.............

   1414

   1886 Upper Reach Poquessing Creek............

   1008

   1344 Upper Reach Ridley Creek................

   1707

   2275

   Tohickon Subbasin

   Tohickon-Beaver-Morgan Creeks...........

   1156

   1541 Tohickon-Deep Run.......................

   956

   1274 Tohickon-Geddes-Cabin Runs..............

   602

   803 Tohickon-Lake Nockamixon................

   556

   741 Tohickon-Three Mile Run.................

   726

   968

   Pennypack and Wissahickon Subbasins

   Lower Reach Wissahickon Creek...........

   2750

   3666 Upper Reach Wissahickon Creek...........

   1302

   1736 Middle Reach Pennypack Creek............

   1295

   1727 Upper Reach Pennypack Creek.............

   1358

   1811

   Brandywine Creek Subbasin

   East Branch Brandywine-Taylor Run.......

   1054

   1405 Middle Reach Brandywine Creek...........

   823

   1098 Upper Reach Brandywine Creek............

   1614

   2153 West Branch Brandywine-Beaver Run.......

   2110

   2813 West Branch Brandywine-Broad Run........

   2380

   3173 West Valley Creek.......................

   1673

   2231

   Lehigh Subbasin

   Upper Reach Saucon Creek................

   946

   1262

   *mgy means million gallons per year.

   (ii) Subject to public notice and hearing, this section may be updated or revised based upon new and evolving information on hydrology and streamflow and ground water monitoring or in accordance with paragraph (i)(2) of this section.

2. This regulation is proposed to be effective upon adoption of the final rule.

   (Delaware River Basin Compact, 75 Stat. 688.)

   Dated: January 4, 1999. Susan M. Weisman, Secretary.

   [FR Doc. 99-670Filed1-11-99; 8:45 am]

   BILLING CODE 6360-01-P