Review and Approval of Projects

Citation85 FR 16546
Record Number2020-05871
Published date24 March 2020
SectionRules and Regulations
CourtSusquehanna River Basin Commission
Federal Register, Volume 85 Issue 57 (Tuesday, March 24, 2020)
[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
                [Rules and Regulations]
                [Pages 16546-16547]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-05871]
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                SUSQUEHANNA RIVER BASIN COMMISSION
                18 CFR Parts 806
                Review and Approval of Projects
                AGENCY: Susquehanna River Basin Commission.
                ACTION: Final rule.
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                SUMMARY: This document contains rules that amend the regulations of the
                Susquehanna River Basin Commission (Commission) dealing with the
                mitigation of consumptive uses.
                DATES: This rule is effective on April 1, 2020.
                ADDRESSES: Susquehanna River Basin Commission, 4423 N. Front Street,
                Harrisburg, PA 17110-1788.
                FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Esq., General Counsel
                and Secretary, telephone: 717-238-0423, ext. 1312; fax: 717-238-2436;
                email: [email protected]. Also, for further information, including the
                comment response document, visit the Commission's website at http://www.srbc.net.
                SUPPLEMENTARY INFORMATION: Notice of proposed rulemaking was published
                in the Federal Register on September 13, 2019; New York Register on
                October 2, 2019; Pennsylvania Bulletin on September 21, 2019; and
                Maryland Register on October 11, 2019. The Commission convened a public
                hearing on October 31, 2019 in Harrisburg, Pennsylvania. A written
                comment period was held open through November 12, 2019. Concurrent with
                the proposed rule, the Commission also released a draft Consumptive Use
                Mitigation Policy for public review and comment.
                 The Commission received four comments on the proposed rule and
                policy. Two of the comments were fully supportive of the rule and
                policy and offered no suggested changes. The additional two comments
                were supportive but offered a few suggestions for revisions to the rule
                and/or the policy.
                 One commenter sought clarification of the term ``present'' low flow
                conditions in Sec. 806.22(b)(1)(i) and offered alternative phrasing.
                The Commission believes the phrasing of the rule is not ambiguous and
                provided clarification in the comment response document. Two commenters
                asked for the Commission to further amend Sec. 806.22(b)(1)(iii)
                related to discontinuance. One commenter wanted discontinuance to be
                limited to a 45 day period. This would be a new requirement and a
                change to the current practice that requires discontinuance to endure
                for the entire Commission declared low flow period, and the Commission
                declines to make this change. Another commenter suggested that 20,000
                gallon per day threshold for discontinuance be on an average 30 day
                basis instead of a peak day basis established in the rulemaking. The
                Commission was purposeful in the discontinuance revision to be based on
                a peak day rate. The use of a 30-day average rate would be
                inappropriate given it would allow an exceedance of the Commission's
                regulatory threshold that could introduce impacts during Commission-
                designated low flow periods, which do not have a set minimum or maximum
                duration.
                 Accordingly, after thorough review and analysis of the comments,
                the Commission has not made any changes to the rulemaking as proposed.
                To the degree the comments seek clarification of the rules or
                explanation how they will be implemented, the Commission believes that
                can be addressed through explanation or clarifications in fact sheets,
                application instructions and other implementation documents. A more
                detailed comment response document has been prepared and is available
                upon request and also at the Commission's website listed above.
                List of Subjects in 18 CFR Part 806
                 Administrative practice and procedure, Water resources.
                 Accordingly, for the reasons set forth in the preamble, the
                Susquehanna River Basin Commission amends 18 CFR part 806 as follows:
                PART 806--REVIEW AND APPROVAL OF PROJECTS
                0
                1. The authority citation for part 806 continues to read as follows:
                 Authority: Secs. 3.4, 3.5 (5), 3.8, 3.10 and 15.2, Pub. L. 91-
                575, 84 Stat. 1509 et seq.
                0
                2. Amend Sec. 806.22 by revising paragraphs (b)(1) and (e)(1) to read
                as follows:
                Sec. 806.22 Standards for consumptive use of water.
                * * * * *
                 (b) * * *
                 (1) During low flow periods as may be designated by the Commission
                for consumptive use mitigation.
                 (i) Reduce withdrawal from the approved source(s), in an amount
                equal to the project's consumptive use, and withdraw water from
                alternative surface water storage or aquifers or other underground
                storage chambers or facilities approved by the Commission, from which
                water can be withdrawn for a period of 45 continuous days such that
                impacts to nearby surface waters will not likely be at a magnitude or
                in a timeframe that would exacerbate present low flow conditions.
                 (ii) Release water for flow augmentation, in an amount equal to the
                project's consumptive use, from surface water storage or aquifers, or
                other underground storage chambers or facilities approved by the
                Commission, from which water can be withdrawn for a period of 45
                continuous days such that impacts to nearby surface waters will not
                likely be at a magnitude or in a
                [[Page 16547]]
                timeframe that would exacerbate present low flow conditions.
                 (iii) Discontinue the project's consumptive use, which may include
                reduction of the project sponsor's consumptive use to less than 20,000
                gpd during periods of low flow. In any case of failure to provide the
                specified discontinuance, such project shall provide mitigation in
                accordance with paragraph (b)(3) of this section, for the calendar year
                in which such failure occurs, after which the Commission will
                reevaluate the continued acceptability of the discontinuance.
                * * * * *
                 (e) * * *
                 (1) General rule. Except with respect to projects involving
                hydrocarbon development subject to the provisions of paragraph (f) of
                this section, any project that is solely supplied water for consumptive
                use by public water supply, stormwater, wastewater, or other reused or
                recycled water, or any combination thereof, may be approved by the
                Executive Director under this paragraph (e) in accordance with the
                following, unless the Executive Director determines that the project
                cannot be adequately regulated under this approval by rule.
                * * * * *
                 Dated: March 16, 2020.
                Jason E. Oyler,
                General Counsel and Secretary to the Commission.
                [FR Doc. 2020-05871 Filed 3-23-20; 8:45 am]
                BILLING CODE 7040-01-P
                

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