Review and Approval of Projects

• Published date: 26 March 2021
• Citation: 86 FR 16140
• Record Number: 2021-05612
• Section: Proposed rules
• Court: Susquehanna River Basin Commission

16140

Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Proposed Rules

PW1524G–3, PW1525G, and PW1525G–3

model turbofan engines, within 120 days

from the effective date of this AD, remove the

EEC FADEC software if the version is earlier

than EEC FADEC software version V2.11.10.4

and install EEC FADEC software that is

eligible for installation.

(5) For PW PW1919G, PW1921G,

PW1922G, PW1923G, and PW1923G–A

model turbofan engines, within 120 days of

the effective date of this AD, remove the EEC

FADEC software if the version is earlier than

EEC FADEC software version V9.5.6.7 and

install EEC FADEC software that is eligible

for installation.

(6) For PW PW1519G, PW1521G,

PW1521G–3, PW1521GA, PW1524G,

PW1524G–3, PW1525G, and PW1525G–3

model turbofan engines with EEC FADEC

software version V2.11.10.4 or later installed,

within 15 FCs after receipt of Onboard

Maintenance Message fault code 7100F0029

or 7100F0030, perform a BSI of the LPC R1

for damage and cracks at the locations in

paragraph (g)(1)(iv) of this AD if the fault

code is displayed on the ‘‘Active Failure

Messages’’ and meets the following criteria:

(i) N1 Exceedance is above 95.2%;

(ii) N1 Exceedance occurred above 29,100

feet; and

(iii) N1 Exceedance occurs for a duration

of 40 seconds (15 seconds of cockpit display)

or more during any flight.

Note 2 to paragraph (g)(6): Guidance on

determining the N1 Exceedance duration can

be found in PW Section PW1000G–A–72–00–

00–02A–0B5A–A of PW Engine Maintenance

Manual (EMM), Issue No. 016, dated January

15, 2021.

Note 3 to paragraph (g)(6): Guidance on

performing the BSI can be found in PW

Section PW1000G–A–72–31–00–00A–312A–

D of PW EMM, Issue No. 016, dated January

11, 2021.

(7) As the result of the BSI of the LPC R1

required by paragraph (g)(6) of this AD,

before further flight, remove and replace the

LPC R1 if:

(i) There is damage on an LPC R1 that

exceeds serviceable limits; or

(ii) Any crack in the LPC R1 exists.

(h) Terminating Actions

(1) For PW1519G, PW1521G, PW1521G–3,

PW1521GA, PW1524G, PW1524G–3,

PW1525G, and PW1525G–3 model turbofan

engines, the installation of EEC FADEC

software required by paragraph (g)(4) of this

AD terminates the repetitive BSI

requirements of paragraphs (g)(1) and (2) of

this AD.

(2) For PW1919G, PW1921G, PW1922G,

PW1923G, and PW1923G–A model turbofan

engines, the installation of EEC FADEC

software required by paragraph (g)(5) of this

AD terminates the repetitive BSI

requirements of paragraphs (g)(1) and (2) of

this AD.

(i) Installation Prohibition

After the effective date of this AD, do not

install EEC FADEC software earlier than

version V2.11.10.4 or version V9.5.6.7 onto

any engine identified in paragraph (c) of this

AD.

(j) Definitions

(1) For the purpose of this AD, a ‘‘zero time

spare’’ is an engine that had zero flight hours

time-in-service when it was installed on an

airplane after the airplane had entered

service.

(2) For the purpose of this AD, ‘‘EEC

FADEC software that is eligible for

installation’’ is EEC FADEC software version

V2.11.10.4 or later for PW1519G, PW1521G,

PW1521G–3, PW1521GA, PW1524G,

PW1524G–3, PW1525G, PW1525G–3 model

turbofan engines and EEC FADEC software

version V9.5.6.7 or later for PW1919G,

PW1921G, PW1922G, PW1923G, and

PW1923G–A model turbofan engines.

(k) Alternative Methods of Compliance

(AMOCs)

(1) The Manager, ECO Branch, FAA, has

the authority to approve AMOCs for this AD,

if requested using the procedures found in 14

CFR 39.19. In accordance with 14 CFR 39.19,

send your request to your principal inspector

or local Flight Standards District Office, as

appropriate. If sending information directly

to the manager of the certification office,

send it to the attention of the person

identified in Related Information. You may

email your request to ANE-AD-AMOC@

faa.gov.

(2) Before using any approved AMOC,

notify your appropriate principal inspector,

or lacking a principal inspector, the manager

of the local flight standards district office/

certificate holding district office.

(3) AMOCs approved for AD 2019–21–11

(84 FR 57813, October 29, 2019) are approved

as AMOCs for the corresponding provisions

of this AD except for paragraphs (g)(1)(i)

through (iv) and (g)(3)(i) and (ii) of this AD.

(l) Related Information

(1) For more information about this AD,

contact Nicholas Paine, Aviation Safety

Engineer, ECO Branch, FAA, 1200 District

Avenue, Burlington, MA 01803; phone: (781)

238–7116; fax: (781) 238–7719; email:

nicholas.j.paine@faa.gov.

(2) For service information identified in

this AD, contact Pratt & Whitney, 400 Main

Street, East Hartford, CT, 06118; phone: (800)

565–0140; email: help24@pw.utc.com;

website: http://fleetcare.pw.utc.com. You

may view this referenced service information

at the FAA, Airworthiness Products Section,

Operational Safety Branch, 1200 District

Avenue, Burlington, MA 01803. For

information on the availability of this

material at the FAA, call (781) 238–7759.

Issued on March 18, 2021.

Lance T. Gant,

Director, Compliance & Airworthiness

Division, Aircraft Certification Service.

[FR Doc. 2021–06024 Filed 3–25–21; 8:45 am]

BILLING CODE 4910–13–P

SUSQUEHANNA RIVER BASIN

COMMISSION

18 CFR Part 806

Review and Approval of Projects

AGENCY

: Susquehanna River Basin

Commission.

ACTION

: Notice of proposed rulemaking;

notice of public hearing.

SUMMARY

: This document contains

proposed rules that would amend the

regulations of the Susquehanna River

Basin Commission (Commission) to

update the requirements and standards

for review of projects, amend the rules

dealing with groundwater withdrawals,

and revise the regulatory triggers related

to grandfathered sources. These rules

are designed to enhance and improve

the Commission’s existing authorities to

manage the water resources of the basin,

add regulatory clarity, and to achieve

efficiencies and reduced costs in the

preparation and review of applications

for groundwater renewals.

DATES

: Comments on the proposed

rulemaking may be submitted to the

Commission on or before May 17, 2021.

The Commission has scheduled a public

hearing on the proposed rulemaking to

be held by telephone on May 6, 2021.

The location of the public hearing is

listed in the

ADDRESSES

section of this

document.

In addition, the Commission will be

hold two informational webinars

explaining the proposed rulemaking on

April 6 and April 14, 2021. Instructions

for registration for the webinars will be

posted on the Commission’s website.

ADDRESSES

: Comments may be mailed

to: Jason E. Oyler, Esq., General

Counsel, Susquehanna River Basin

Commission, 4423 N Front Street,

Harrisburg, PA 17110–1788, or by email

to regcomments@srbc.net. The public

hearing will be held by telephone rather

than at a physical location. Conference

Call # 1–888–387–8686, the Conference

Room Code # 9179686050.

Those wishing to testify are asked to

notify the Commission in advance, if

possible, at the regular or electronic

addresses given below.

FOR FURTHER INFORMATION CONTACT

:

Jason E. Oyler, Esq., General Counsel,

telephone: 717–238–0423, ext. 1312;

fax: 717–238–2436; email: joyler@

srbc.net. Also, for further information

on the proposed rulemaking, visit the

Commission’s website at http://

www.srbc.net.

SUPPLEMENTARY INFORMATION

: The

Commission is proposing revisions to

amend several sections of its regulations

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to provide clarity to project sponsors,

target only the most appropriate

activities, and establish a more efficient

and effective framework to review

groundwater withdrawals, which can be

data-intensive and time consuming and

costly for both the Commission and the

project sponsor. The proposed revisions

also modify the aquifer testing

requirements to include an Alternative

Hydrogeologic Evaluation(AHE) process

for certain new and existing projects

and establishes where an aquifer test or

AHE evaluation is not required. As a

companion to this rulemaking, the

Commission is also releasing three

policies related to groundwater reviews

to be open for public comment

simultaneously with this proposed

rulemaking: A revised Aquifer Testing

Plan Guidance; a new policy on

Alternative Hydrogeologic Evaluations;

and a new policy on Pre-Drill Well Site

Review. The Commission recognizes

that groundwater management will be a

challenge under changing climate

conditions. These rules will ensure

wells are permitted and monitored in

efficient but robust ways that allow the

Commission to provide dynamic

decision making as impacts of climate

change manifest. Further, the proposed

rules and policies will help reduce

costs, both to systems that are smaller

and have economic challenges,

including communities with

environmental justice concerns.

The Commission is also proposing

revisions to update its regulations

dealing with the triggers that lead to the

loss of grandfathering, consumptive

water use by the natural gas industry,

the transfer of projects, as well as

general updates to its project review

application procedures.

In recognition of the Commission’s

priority of pursuing environmental

justice initiatives, Commission staff will

conduct inclusive outreach on this

proposal to maximize public awareness

and participation in the rulemaking

process by underrepresented

communities.

Definitions—Small and Medium

Capacity Withdrawals—18 CFR 806.3

Definitions of small and medium

capacity sources are added to 18 CFR

806.3. The jurisdictional limit for

Commission review of a withdrawal is

100,000 gallons per day (gpd) over a

consecutive 30-day average. However,

over time, the regulations developed

various mechanisms that also apply the

Commission’s regulatory oversight to

small (under 20,000 gpd) and medium

(between 20,000 and 100,000 gpd)

capacity withdrawals. Current

groundwater regulations, policy, and

review standards subject these sources

to the same level of review and

associated cost implications as large

volume withdrawals, regardless of their

potential risk of adverse impact. The

new definitions and classification of

withdrawals based on size clarifies, and

in some cases, reduces the level of effort

by a project sponsor to seek approval to

use small and medium capacity sources

as well as reduces the level of review by

the Commission based on the potential

risk for adverse impact. To the extent

these sources in some cases are utilized

by smaller communities with financial

challenges and serving disadvantaged

communities, it will provide more

flexibility moving forward for the

Commission to consider appropriate

measures for such consideration.

Projects Requiring Review and

Approval—18 CFR 806.4

Changes are proposed to § 806.4

regarding projects requiring review and

approval. The proposed revisions

eliminate § 806.4(a)(2)(iii) that captures

small and medium capacity sources

supplying water to a regulated

consumptive user. New language has

been proposed to § 806.4(a)(1) clarifying

the regulatory requirements for small

and medium capacity withdrawals

related to a consumptive use approval.

Constant-Rate Aquifer Testing and

Standards for Water Withdrawals—18

CFR 806.12 & 806.23

The Commission is seeking to revise

the scope of its constant-rate aquifer

testing requirements and standards for

groundwater withdrawals to encourage

the use of existing data and review

projects in a manner commensurate

with the level of risk posed by a

withdrawal. The proposed processes

will allow the Commission’s review to

more adequately consider data and

information that include changing

conditions in the environment and with

climate to allow for more sustainable

and resilient withdrawals.

First, as related to small capacity

sources, the Commission finds that their

size significantly limits the likelihood of

adverse impacts to aquifers, surface

water features or competing water users

and the Commission is able to utilize

methods other than aquifer testing to

assess the impact of withdrawal from

these small sources. Accordingly, the

rule proposes § 806.12(j) to provide that

these small capacity sources do not

generally need an aquifer test, but does

retain the flexibility for the Executive

Director to determine that one is needed

for evaluation of resource issues in

limited circumstances. Similarly,

§ 806.23(b)(7) is proposed to provide

more focused standards for small

capacity sources.

Second, existing groundwater

regulations, policy and review standards

include limited differentiation for

renewals versus proposed new

withdrawals. This lack of differentiation

limits effective consideration of

previous aquifer testing results and

long-term operational data for some

existing projects, resulting in increased

renewal costs to regulated projects and

the Commission. The proposed rules

provide better clarity and the

streamlining of review standards,

especially if the project sponsor is not

changing its withdrawal quantities as

part of the renewal. The rule proposes

a new paragraph, § 806.12(h), which

provides that projects undergoing a

renewal with the Commission that have

also previously completed an aquifer

test under the Commission’s approval

can satisfy the aquifer testing

requirement by relying on the prior test

and providing an updated groundwater

availability estimate. This is

conditioned on the project sponsor

seeking to operate at the previously

tested rate of withdrawal. Section

806.23(b)(6) is proposed to provide

more differentiation between reviews

for renewed or otherwise existing

sources versus new projects. This

differentiation includes relying on prior

testing and operational data of existing

projects, as well as the alternative

hydrogeologic evaluation established in

§ 806.12(i) and the related guidance

document also proposed. The proposed

rule also enshrines the Commission’s

current flexibility to require an aquifer

test and/or condition docket approvals.

Third, as related to aquifer testing and

an aquifer testing waiver, existing

regulation, unless formally waived,

requires aquifer testing of all

groundwater wells regardless of setting,

size of withdrawal, available data, and

status as a new, renewing or existing

source. The existing waiver process

used to avoid aquifer testing is not well

understood by projects or consultants

and frequently leads to increased costs

to both the Commission and projects

due to confusion about the process and

incomplete submittals. The proposed

rule amends § 806.12 to improve this

process by adding clarity and more

certainty for project sponsors but

retaining the flexibility that the

Commission currently has in these

reviews. Section 806.12(i) is added to

provide for the Alternative

Hydrogeologic Evaluation (AHE)

process to replace the previous waiver

process. The Commission is also

proposing a draft AHE policy and a

revised Aquifer Testing Guidance that

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provide further clarity and a revised

technical approach for these

evaluations.

Finally, § 806.12(g) establishes that

the hydrogeologic evaluation

requirements in § 806.12 do not apply to

withdrawals related to mine dewatering,

construction dewatering, water

resources remediation and acid mine

drainage (AMD) remediation facilities to

support the existing regulatory review

provisions for these types of facilities

codified in § 806.14(b)(6), (d)(6) and

806.23(b)(5). Mining and remediation

projects in particular are heavily

regulated by our member jurisdictions,

and the proposed rule would allow the

Commission to rely on the work

previously done in order to get member

jurisdiction approval for these activities.

Contents of Application—18 CFR

806.14

The proposed rule offers edits to

§ 806.14 to clarify and improve the

readability of the regulation and to

account for the changes to § 806.12.

These changes generally fall into two

categories: (1) Those that increase

efficiency through simplification and

clarification and (2) those that establish

updated requirements for how

groundwater applicants provide data

and information required by § 806.12.

The changes recognize prior

determinations (including waivers of

§ 806.12) by the Commission staff which

establish clear requirements for projects

in those situations, remove uncertainty

regarding previous determinations of

aquifer testing requirements, and

increase efficiency for both application

preparation and the review of renewal

and modification applications by

Commission staff. These changes will

greatly help projects by allowing them

to avoid additional unnecessary aquifer

testing or data collection, especially in

those situations where the requirements

had been previously met. These changes

are important with the larger number of

projects that will be seeking renewals

for the first time over the next ten years.

Projects Requiring Review and

Approval & Transfer of Approvals—18

CFR 806.4 & 806.6

Grandfathering, the exemption for

certain pre-existing projects to operate

without formal review and approval,

can be lost by a variety of mechanisms.

The Commission has been overseeing

the successful implementation of its

grandfathering registration program.

This program was developed to help

track an estimated one billion gallons of

water use a day by grandfathered

projects, while allowing them to

preserve the grandfathered status of

their consumptive uses and withdrawals

through registration with the

Commission. This program has been

successfully filling in the data gaps

created by grandfathered projects and is

thus a valuable effort in the

improvement of the water management

of the basin. With this program in place,

the Commission proposes to eliminate

most of the current triggers for losing

grandfathering and retain just two: (1)

Increasing the usage above the

registered amount and (2) through a

transfer of ownership.

First, minor changes are proposed to

§§ 806.4(a)(1)(iii) and 806.4(a)(2)(iv) to

reflect the closing of the grandfathering

registration window. Because the term

‘‘pre-compact consumptive use’’ is

defined, it is added to Section

806.4(a)(1)(iii). Similarly, the regulatory

trigger dates are no longer needed in

Section 806.4(a)(2)(iv); however, they

were relocated to § 806.4(a)(2)(i) because

they still have regulatory significance

and cannot be eliminated altogether.

Second, section 806.4(a)(2)(ii) is

revised to remove the language that

acted as a trigger for the loss of

grandfathering when a source was

added or any source of a project was

increased in quantity. The language

related to the review of increases to

existing sources is removed from

(a)(2)(ii) and is now contained in the

revised § 806.4(a)(2)(iii). The revised

§ 806.4(a)(2)(ii) provides that a regulated

project that adds a new source must

make an application for review and

approval of that source, but it does not

serve as a trigger for loss of

grandfathering and subject the entire

project to review, as it previously did.

Similarly, revised § 806.4(a)(2)(iii)

provides that any previously approved

withdrawal that increases above its

approval amount must make an

application for review and approval of

the increased amount. However, this

increase does not subject the entire

project to review and approval, as it

previously did, which was also a trigger

for loss of grandfathering.

Third, for diversions, minor

adjustments to §§ 806.4(a)(3)(iii) and (iv)

were needed to make the provisions

related to grandfathered diversions be

consistent with the changes made to

grandfathered withdrawals and

consumptive uses.

Fourth, change of ownership remains

a pathway for the loss of grandfathering

under §§ 806.4(a)(1)(iv), (a)(2)(v), and

(a)(3)(iv). This is also reflected in

§ 806.6(b). All of these provisions are

simplified and revised to reflect that the

grandfathering registration period is

now closed.

Fifth, a new paragraph § 806.6(d) is

added to provide the new sponsor of a

transferred project time to collect

operational data that would allow it to

take advantage of the AHE and not have

to immediately prepare applications for

the source(s) that have lost

grandfathering. These changes are also

consistent with the direction provided

by the Commissioners in Resolution

2017–12 related to inter-municipal

transfers.

Under the proposed rule, a new

project owner with registered

grandfathered sources undergoing a

qualified change in ownership would be

required to comply with the existing

monitoring requirements under § 806.30

for all sources, along with any other

conditions necessary to effectuate the

transfer. Additionally, for any

unapproved sources, the approved

transfer will act as the project’s approval

for a period of five years, at which

point, the project sponsor must submit

an application for review and approval

of the sources. This would provide

ample time for the new project sponsor

to collect operational data for these

existing sources and potentially avoid

the cost of an aquifer test.

Related to transfers, the proposed rule

eliminates the corporate reorganization

exception in § 806.4(b). This exception

caused confusion to project sponsors,

was difficult to implement and was

infrequently used.

Standards for Consumptive Uses of

Water for Natural Gas Projects—18

CFR 806.22(f)

Section 806.22(f) is amended to

update the Commission’s regulation of

consumptive waster use for

unconventional natural gas extraction.

Commission staff conducted an internal

review of processes and procedures

used by its Approval by Rule program

and has developed these changes to

update the regulations to address the

evolution of this program and the

industry.

Section 806.22(f)(11)(ii) is amended to

include captured stormwater, which

includes corresponding changes to

§ 806.4(a)(3)(v) through (vii) and adding

a definition of ‘‘captured stormwater’’ to

§ 806.3. The purpose of this change is to

make clear that this captured

stormwater is covered under the

Commission’s regulatory approvals,

which is consistent with how these

regulations have been interpreted.

The proposed rule also eliminates the

concept of ‘‘hydrocarbon water storage

facilities’’ from the regulations. There

are two reasons for this change. First,

this concept was developed early on in

the Commission’s initial response to the

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development of the unconventional

natural gas industry. However, the

industry’s water use evolved in a

manner where approvals of this type

were never issued by the Commission.

Second, the Commission began

regulating and tracking consumptive use

by the natural gas industry at the source

of withdrawal. This method of tracking

has proven itself to be effective and

enforceable and obviates the need for

the water storage facility provisions,

both now and in the future.

Accordingly, the Commission is

proposing corresponding changes to

§§ 806.3, 806.22(f)(11)(iv), and

806.22(f)(14).

Section 806.22(f)(4) is revised to

eliminate some of the specific details for

what is ultimately captured in the post-

hydrofracture report. This report is still

required; however, this revision makes

it easier for the Commission to revise

the items requested in the report and the

Commission intends to align this report

with the post-drilling completion

reports filed with the member

jurisdictions to avoid any duplication of

effort.

Sections 806.22(f)(12) and (13) are

amended to track and support the

Commission’s current practices with

respect to the use of non-public and

public water suppliers by the natural

gas industry as a source for water.

Other Changes

Interconnections. The Commission is

proposing to eliminate language in

§ 806.4(a)(2) that subjected public water

supply interconnections to specific

review and approval requirements. The

Commission is adding language dealing

with interconnections as a part of a

project in its review standards for water

withdrawals in § 806.23. Public water

supply interconnections are closely

regulated by member jurisdictions and

these revisions allow the Commission to

avoid any duplication of effort.

Diversions for Municipalities on the

Basin Divide. The proposed rule adds a

paragraph § 806.4(a)(3)(viii) that would

allow the diversion of drinking water or

sewage into or out of the basin without

applying for approval from the

Commission. The diversion would have

to be by or through a publicly or

privately owned public water supplier

or wastewater treatment works and, for

out of basin diversions, service a

municipality that was on or adjacent to

the basin divide in order to be eligible

for the exemption. The primary purpose

of the Commission’s regulations for

reviewing diversions of water into the

basin is to ensure that the water quality

of the incoming water is not a threat to

affect the water quality of the water

resources of the basin. Where

municipalities may cross the basin

divide for the operation of drinking

water and wastewater systems that are

regulated by the member jurisdictions,

any water quality concerns are fully

mitigated by the regulatory oversight of

the member jurisdictions and additional

review by the Commission is

unnecessary.

Notice Provisions. Changes are

proposed to § 806.15 to clarify, update,

and improve the readability of the

regulation, as well as to align the notice

requirements for applications for minor

modifications, notices of intent (NOIs)

for general permits, approvals by rule

under § 806.22(e), approvals by rule

(ABR) under § 806.22(f)(9) and source

approvals under § 806.22(f)(13). The

notice requirements in existing

§§ 806.15(d), (e) and (f) are deleted and

consolidated in part in a new

§ 806.15(g). The notice for groundwater

withdrawals under § 806.15(b)(1) is

revised to provide notice to property

owners within a quarter mile radius of

the withdrawal.

Minor Modifications. In 2015, the

Commission added § 806.18 providing a

process for minor modifications. This

addition has been successful in creating

an efficient method for the Commission

to process changes to its approvals that

are primarily administrative and do not

rise to the level of major modifications.

Based on the Commission’s experience

since 2015, it is proposing to modify

and add new categories of changes that

would qualify as minor modifications.

The addition of §§ 806.18(c)(10) and

(11) also aid in the implementation of

the Consumptive Use Mitigation Policy

adopted in March 2020.

Consumptive Use Approvals—ABR(e).

Consumptive users who are entirely

sourced by public water supply,

stormwater, wastewater, or reused or

recycled water are eligible for a

streamlined approval by rule under

§ 806.22(e). Section 806.22(e)(6) is

revised to allow for discontinuance as a

consumptive use mitigation option for

these approvals to be consistent with

and support the recently adopted

Consumptive Use Mitigation Policy.

Section 806.22(e)(8) is revised to allow

the Executive Director to permit a

project sponsor to continue to use the

ABR(e) process if they use a small

capacity well for consumptive use or for

use only for supply of potable water.

These small wells are below the

Commission’s regulatory thresholds and

their use should not be a reason to

disallow the use of the ABR(e) process

for project sponsors who use them to

service their facilities.

Emergency Certificates. Section

806.34 is revised to allow an emergency

certificate to be issued by the Executive

Director for a term that allows the

Commission to place the extension of a

certificate on its public hearing notice.

Currently, the rule requires that these

certificates are valid until the next

scheduled Commission meeting where

they can be extended by the

Commissioners, but typically this

occurs after the public hearing has

already been noticed and held. This

change allows for greater public input

and transparency when the project

sponsor seeks the Commission’s

approval to extend the term of these

certificates for a longer period of time.

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 proposes to amend

18 CFR part 806 as follows:

PART 806—REVIEW AND APPROVAL

OF PROJECTS

■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.

■2. In § 806.3:

■a. Add, in alphabetical order, the

definition for ‘‘Captured stormwater’’;

■b. Remove the definition of

‘‘Hydrocarbon water storage facility’’;

and

■c. Add, in alphabetical order, the

definitions for ‘‘Medium capacity

source’’ and ‘‘Small capacity source’’.

The additions and revisions read as

follows:

§ 806.3 Definitions.

* * * * *

Captured stormwater. Precipitation or

stormwater collected on the drilling pad

site, including well cellar water, waters

from secondary containment, and water

collected from post construction

stormwater management features.

* * * * *

Medium capacity source. A ground or

surface water source with a withdrawal

of more than 20,000 but less than

100,000 gallons per day over a

consecutive 30 day-average.

* * * * *

Small capacity source. A ground or

surface water source with a withdrawal

of 20,000 gallons or less per day over a

consecutive 30-day average.

* * * * *

■3. Revise § 806.4 to read as follows:

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§ 806.4 Projects requiring review and

approval.

(a) Except for activities relating to site

evaluation, to aquifer testing under

§ 806.12 or to those activities authorized

under § 806.34, no person shall

undertake any of the following projects

without prior review and approval by

the Commission. The project sponsor

shall submit an application in

accordance with subpart B of this part

and shall be subject to the applicable

standards in subpart C of this part.

(1) Consumptive use of water. Any

consumptive use project described in

this paragraph (a)(1) shall require an

application to be submitted in

accordance with § 806.13, and shall be

subject to the standards set forth in

§ 806.22, and, to the extent that it

involves a withdrawal from

groundwater or surface water except a

small capacity source, shall also be

subject to the standards set forth in

§ 806.23 as the Commission deems

necessary. Except to the extent that they

involve the diversion of the waters of

the basin, public water supplies shall be

exempt from the requirements of this

section regarding consumptive use;

provided, however, that nothing in this

section shall be construed to exempt

individual consumptive users

connected to any such public water

supply from the requirements of this

section. Provided the commission

determines that low flow augmentation

projects sponsored by the commission’s

member states provide sufficient

mitigation for agricultural water use to

meet the standards set forth in § 806.22,

and except as otherwise provided in this

paragraph (a)(1), agricultural water use

projects shall not be subject to the

requirements of this paragraph (a)(1).

Notwithstanding the foregoing, an

agricultural water use project involving

a diversion of the waters of the basin

shall be subject to such requirements

unless the property, or contiguous

parcels of property, upon which the

agricultural water use project occurs is

located at least partially within the

basin.

(i) Any project initiated on or after

January 23, 1971, involving a

consumptive water use of an average of

20,000 gallons per day (gpd) or more in

any consecutive 30-day period.

(ii) With respect to projects previously

approved by the Commission for

consumptive use, any project that will

involve an increase in a consumptive

use above that amount which was

previously approved.

(iii) With respect to projects with pre-

compact consumptive use:

(A) Registered in accordance with

subpart E of this part that increases its

consumptive use by any amount over

the quantity determined under § 806.44;

(B) Increasing its consumptive use to

an average of 20,000 gpd or more in any

consecutive 30-day period; or

(C) That failed to register its

consumptive use in accordance with

subpart E of this part.

(iv) Any project, regardless of when

initiated, involving a consumptive use

of an average of 20,000 gpd or more in

any consecutive 30-day period, and

undergoing a change of ownership,

unless such project satisfies the

requirements of paragraph (b) of this

section or the existing Commission

approval for such project is transferred

pursuant to § 806.6.

(2) Withdrawals. Any project,

including all of its sources, described in

this paragraph (a)(2) shall require an

application to be submitted in

accordance with § 806.13, and shall be

subject to the standards set forth in

§§ 806.21 and 806.23. Hydroelectric

projects, except to the extent that such

projects involve a withdrawal, shall be

exempt from the requirements of this

section regarding withdrawals;

provided, however, that nothing in this

paragraph (a)(2) shall be construed as

exempting hydroelectric projects from

review and approval under any other

category of project requiring review and

approval as set forth in this section,

§ 806.5, or 18 CFR part 801.

(i) Any project initiated on or after

July 13, 1978 for groundwater or

November 11, 1995 for surface water

withdrawing a consecutive 30-day

average of 100,000 gpd or more from a

groundwater or surface water source, or

any project initiated after January 1,

2007 withdrawing a consecutive 30-day

average of 100,000 gpd or more from a

combination of sources.

(ii) Any new source added to projects

with previously approved withdrawals

by the Commission.

(iii) Any withdrawal increased above

that amount which was previously

approved by the Commission.

(iv) With respect to projects with

grandfathered withdrawals:

(A) Registered in accordance with

subpart E of this part that increases its

withdrawal by any amount over the

quantity determined under § 806.44;

(B) Increasing its withdrawal

individually or in combination from all

sources to an average of 100,000 gpd or

more in any consecutive 30-day period;

or

(C) That failed to register its

withdrawals in accordance with subpart

E of this part.

(v) Any project, regardless of when

initiated, involving a withdrawal of a

consecutive 30-day average of 100,000

gpd or more, from either groundwater or

surface water sources, or in combination

from both, and undergoing a change of

ownership, unless such project satisfies

the requirements of paragraph (b) of this

section or the existing Commission

approval for such project is transferred

pursuant to § 806.6.

(3) Diversions. Except with respect to

agricultural water use projects not

subject to the requirements of paragraph

(a)(1) of this section, the projects

described in paragraphs (a)(3)(i) through

(iv) of this section shall require an

application to be submitted in

accordance with § 806.13, and shall be

subject to the standards set forth in

§ 806.24. The project sponsors of out-of-

basin diversions shall also comply with

all applicable requirements of this part

relating to consumptive uses and

withdrawals. The projects identified in

paragraphs (a)(3)(v) and (vi) of this

section shall be subject to regulation

pursuant to § 806.22(f).

(i) Any project initiated on or after

January 23, 1971, involving the

diversion of water into the basin by any

amount, or involving a diversion of

water out of the basin of an average of

20,000 gallons of water per day or more

in any consecutive 30-day period.

(ii) With respect to diversions

previously approved by the

Commission, any project that will

increase a diversion above the amount

previously approved.

(iii) With respect to diversions

initiated prior to January 23, 1971, any

project that will increase a diversion

into the basin by any amount, or

increase the diversion of water out of

the basin by any amount.

(iv) Any project, regardless of when

initiated, involving the diversion of

water into the basin by any amount or

involving a diversion of water out of the

basin by an average of 20,000 gallons of

water per day or more in any

consecutive 30-day period, and

undergoing a change of ownership,

unless such project satisfies the

requirements of paragraph (b) of this

section or the Commission approval for

such project is transferred pursuant to

§ 806.6.

(v) The interbasin diversion of any

flowback or production fluids, tophole

water and captured stormwater from

hydrocarbon development projects from

one drilling pad site to another drilling

pad site for use in hydrofracture

stimulation, provided it is handled,

transported and stored in compliance

with all standards and requirements of

the applicable member jurisdiction,

shall not be subject to separate review

and approval as a diversion under this

paragraph if the generating or receiving

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pad site is subject to an Approval by

Rule issued pursuant to § 806.22(f) and

provided all monitoring and reporting

requirements applicable to such

approval are met.

(vi) The diversion of flowback or

production fluids, tophole water and

captured stormwater from a

hydrocarbon development project for

which an Approval by Rule has been

issued pursuant to § 806.22(f), to an out-

of-basin treatment or disposal facility

authorized under separate governmental

approval to accept flowback or

production fluids, shall not be subject to

separate review and approval as a

diversion under this paragraph,

provided all monitoring and reporting

requirements applicable to the Approval

by Rule are met and it is handled,

transported and stored in compliance

with all standards and requirements of

the applicable member jurisdiction.

(vii) The diversion of any flowback or

production fluids, tophole water and

captured stormwater from hydrocarbon

development projects located outside

the basin to an in-basin treatment or

disposal facility authorized under

separate government approval to accept

flowback or production fluids, shall not

be subject to separate review and

approval as a diversion under this

paragraph (a)(3), provided the fluids are

handled, transported and stored in

compliance with all standards and

requirements of the applicable member

jurisdiction.

(viii) The diversion of drinking water

and/or municipal wastewater out of the

basin to a municipality on or straddling

the basin divide if provided by or

through a publicly or privately owned

entity and regulated by the appropriate

agency of the member jurisdiction shall

not be subject to review and approval as

a diversion under this paragraph (a)(3)

of this section or as a consumptive use

under paragraph (a)(1) of this section.

(ix) The diversion of drinking water

and/or municipal wastewater into the

basin to a municipality if provided by

or through a publicly or privately

owned entity and regulated by the

appropriate agency of the member

jurisdiction shall not be subject to

review and approval as a diversion

under paragraph (a)(3) of this section.

(4) Crossing state boundaries. Any

project on or crossing the boundary

between two member states.

(5) Significant effect. Any project in a

member state having a significant effect

on water resources in another member

state.

(6) Comprehensive plan. Any project

which has been or is required to be

included by the Commission in its

comprehensive plan, or will have a

significant effect upon the

comprehensive plan.

(7) Determination. Any other project

so determined by the commissioners or

Executive Director pursuant to § 806.5

or 18 CFR part 801. Such project

sponsors shall be notified in writing by

the Executive Director.

(8) Natural gas. Any unconventional

natural gas development project in the

basin involving a withdrawal, diversion

or consumptive use, regardless of the

quantity.

(9) General permit. Any project

subject to coverage under a general

permit issued under § 806.17.

(b) Any project that did not require

Commission approval prior to January 1,

2007, and undergoing a change of

ownership, shall be exempt from the

requirements of paragraph (a)(1)(iv),

(a)(2)(v) or (a)(3)(iv) of this section if it

is a:

(1) Transfer of a project to the

transferor’s spouse or one or more lineal

descendents, or any spouse of such

lineal descendents, or to a corporation

owned or controlled by the transferor, or

the transferor’s spouse or lineal

descendents, or any spouse of such

lineal descendents, for so long as the

combined ownership interest of the

transferor, the transferor’s spouse and/or

the transferor’s lineal descendent(s) and

their spouses, continues to be 51

percent or greater; or

(2) Transfer of land used primarily for

the raising of food, fiber or forage crops,

trees, flowers, shrubs, turf products,

livestock, or poultry, or for aquaculture,

to the extent that, and for so long as, the

project’s water use continues to be for

such agricultural water use purposes.

■4. Amend § 806.6 by revising

paragraphs (a)(5) and (b) and by adding

paragraph (d) to read as follows:

§ 806.6 Transfer of approvals.

(a) * * *

(5) If the existing project has an

unapproved withdrawal, consumptive

use and/or diversion listed in paragraph

(b) of this section, the transfer shall be

conditioned to require the submission of

a new application for review and

approval of the unapproved withdrawal,

consumptive use and/or diversion

consistent with §§ 806.4 and 806.14 and

paragraph (d) of this section.

* * * * *

(b) Previously unapproved activities

associated with a project subject to

transfer under paragraph (a) include:

(1) The project has an associated pre-

compact consumptive water use that has

not had mitigation approved by the

Commission.

(2) The project has an associated

diversion that was initiated prior to

January 23, 1971.

(3) Projects registered under subpart E

of this part.

* * * * *

(d) Any unapproved activities

associated with a transferred project

shall be subject to the following:

(1) The transfer approval shall be

conditioned to include monitoring

requirements under § 806.30 for all

previously unapproved sources and

activities.

(2) The transfer approval may include

any other conditions consistent with

this part deemed necessary by the

Executive Director.

(3) The approved transfer will act as

the unapproved activity’s temporary

approval for a period of five years, at

which point, the project sponsor shall

submit an application for review and

approval consistent with subpart B of

this part.

(4) The Executive Director may

require hydrogeologic evaluation under

§ 806.12 and/or formal review and

approval of any of the previously

unapproved sources sooner if those

sources show a substantial likelihood of

environmental harm, interference with

other water users or water availability

issues.

■5. Revise § 806.12 to read as follows:

§ 806.12 Hydrogeologic evaluation.

Evaluation of groundwater

withdrawal projects requires a

hydrogeologic evaluation, which may be

an aquifer test in accordance with an

approved plan or an alternative

hydrogeologic evaluation in

conformance with this section.

(a) Prior to submission of an

application pursuant to § 806.13, a

project sponsor seeking approval for a

new groundwater withdrawal, a renewal

of an expiring groundwater withdrawal,

or an increase of a groundwater

withdrawal shall perform an aquifer

test.

(b) Unless an alternative

hydrogeologic evaluation method is

approved, the project sponsor shall

prepare an aquifer test plan for prior

review and approval by Commission

staff before testing is undertaken. Such

plan shall include a groundwater

availability analysis to determine the

availability of water during a 1-in-10-

year recurrence interval.

(c) Unless otherwise specified,

approval of a test plan is valid for two

years from the date of approval.

(d) Approval of a test plan shall not

be construed to limit the authority of the

Commission to require additional

testing or monitoring.

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(e) The project sponsor may be

required, at its expense, to provide

temporary water supply if an aquifer

test results in interference with an

existing water use.

(f) Review of submittals under this

section may be terminated by the

Commission in accordance with the

procedures set forth in § 806.16.

(g) This section does not apply to

withdrawals related to mine dewatering,

water resources remediation or AMD

facilities, provided the activity is

governed by another regulatory agency.

(h) Sources undergoing renewal that

can provide an interpretative

hydrogeologic report that documents the

results of a Commission approved

aquifer test or documentation of an

approved prior waiver by the

Commission may meet the requirements

of § 806.12 for that previously approved

groundwater source.

(i) In lieu of completing a

Commission-approved aquifer test, the

project sponsor may submit an

Alternative Hydrogeologic Evaluation

(AHE) that provides supporting

information equivalent to that which

would be obtained from completing an

approved aquifer test under paragraph

(a) of this section. This supporting

information includes, but is not limited

to, prior aquifer testing data, the

withdrawal setting and location,

existing site specific operational data,

and prior Commission approved

waivers of aquifer testing requirements.

Commission staff may approve an AHE

for a project or require completion of a

Commission approved aquifer test in

accordance with paragraph (a) of this

section.

(j) This section does not apply to

withdrawals from a small capacity

source, unless otherwise determined by

the Executive Director.

■6. Amend § 806.14 by:

■a. Revising paragraphs (a)(2) and (3),

(b)(1) and (2), and (c)(2), (3) and (5);

■b. Adding paragraphs (c)(10) and (11);

and

■c. Revising paragraph (d).

The revisions and additions read as

follows:

§ 806.14 Contents of application.

(a) * * *

(2) Project location, including latitude

and longitude coordinates in decimal

degrees accurate to within 10 meters,

the project location displayed on a map,

and evidence of legal access to the

property upon which the project is

proposed.

(3) Project description, including:

Purpose, proposed quantity to be

withdrawn or consumed, if applicable,

and description of all sources,

consumptive uses and diversions

related to the project.

* * * * *

(b) * * *

(1) Surface Water. (i) Water use and

availability.

(ii) Project setting, including surface

water characteristics, identification of

wetlands, and site development

considerations.

(iii) Description and design of intake

structure.

(iv) Anticipated impact of the

proposed project on local flood risk,

recreational uses, fish and wildlife and

natural environment features.

(v) For new projects and major

modifications to increase a withdrawal,

alternatives analysis for a withdrawal

proposed in settings with a drainage

area of 50 miles square or less, or in a

water with exceptional water quality, or

as required by the Commission.

(2) Groundwater. (i) With the

exception other projects which are

addressed in paragraph (b)(6) of this

section, the project sponsor shall

demonstrate that requirements of

§ 806.12 have been met by providing

one of the following:

(A) An interpretive report that

includes the results of a Commission

approved aquifer test and an updated

groundwater availability estimate if

changed from the aquifer test plan,

(B) An approved AHE,

(C) A prior determination by the

Commission staff under § 806.12(h) that

the intent and requirements of § 806.12

have been met along with an updated

groundwater availability estimate.

(ii) Water use and availability.

(iii) Project setting, including nearby

surface water features.

(iv) Groundwater elevation

monitoring plan for all production

wells.

(v) Alternatives analysis as required

by the Commission.

* * * * *

(c) * * *

(2) Project location, including latitude

and longitude coordinates in decimal

degrees accurate to within 10 meters,

the project location displayed on map,

and evidence of legal access to the

property upon which the project is

located.

(3) Project description, to include, but

not be limited to: Purpose, proposed

quantity to be withdrawn or consumed

if applicable, description of all sources,

consumptive uses and diversions

related to the project and any proposed

project modifications.

* * * * *

(5) An as-built and approved metering

plan that conforms to § 806.30.

* * * * *

(10) Changes to the facility design.

(11) Any proposed changes to the

previously authorized purpose.

(d) Additional information is required

for the following applications for

renewal of expiring approved projects.

(1) Surface water. (i) Description and

as-built of intake structure.

(ii) For renewals seeking to increase a

withdrawal, alternatives analysis for a

withdrawal proposed in settings with a

drainage area of 50 miles square or less,

or in a waterway with exceptional water

quality, or as required by the

Commission.

(2) Groundwater. (i) The project

sponsor shall demonstrate that

requirements of § 806.12 have been met

by providing one of the following:

(A) Provide an interpretive report that

includes the results of a Commission

approved aquifer test and an updated

GW availability estimate if changed

from the aquifer test plan;

(B) An approved AHE; or

(C) A prior determination by the

Commission staff under § 806.12(h) that

the intent and requirements of § 806.12

have been met.

(ii) An interpretative report providing

analysis and comparison of current and

historic water withdrawal and

groundwater elevation data with

previously completed materials to

demonstrate satisfaction of § 806.12,

which may include a hydrogeologic

report from previous aquifer testing, an

approved AHE or prior determination of

waiver of aquifer testing.

(iii) Current groundwater availability

analysis assessing the availability of

water during a 1-in-10 year drought

recurrence interval under the existing

conditions within the recharge area and

predicted for term of renewal (i.e., other

users, discharges, and land development

within the groundwater recharge area).

(iv) Groundwater elevation

monitoring plan for all production

wells.

(v) Alternatives analysis as required

by the Commission.

(3) Consumptive use. (i) Consumptive

use calculations.

(ii) Mitigation plan, including method

of consumptive use mitigation.

(4) Into basin diversion. (i) Provide

the necessary information to

demonstrate that the project will

continue to meet the standards in

§ 806.24(c).

(ii) Identification of the source and

current water quality characteristics of

the water to be diverted.

(5) Out of basin diversion. (i) Provide

the necessary information to

demonstrate that the project will

continue to meet the standards in

§ 806.24(b).

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(6) Other projects. Other projects,

including without limitation, mine

dewatering, water resources remediation

projects, and AMD facilities that qualify

as a withdrawal.

(i) In lieu of a hydrogeologic

evaluation, a copy of approved report(s)

prepared for any other purpose or as

required by other governmental

regulatory agencies that provides a

demonstration of the hydrogeologic

and/or hydrologic effects and limits of

said effects due to operation of the

project and effects on local water

availability.

(ii) Any data or reports that

demonstrate effects of the project are

consistent with those reports provided

in paragraph (d)(6)(i) of this section.

(iii) Demonstration of continued need

for expiring approved water source and

quantity.

* * * * *

■7. Revise § 806.15 to read as follows:

§ 806.15 Notice of application.

(a) Except with respect to paragraphs

(e), (f), and (g) of this section, any

project sponsor submitting an

application to the Commission shall

provide notice thereof to the appropriate

agency of the member State, each

municipality in which the project is

located, and the county and the

appropriate county agencies in which

the project is located. The project

sponsor shall also publish notice of

submission of the application at least

once in a newspaper of general

circulation serving the area in which the

project is located. The project sponsor

shall also meet any of the notice

requirements set forth in paragraphs (b)

through (d) of this section, if applicable.

All notices required under this section

shall be provided or published no later

than 20 days after submission of the

application to the Commission and shall

be in a form and manner as prescribed

by the Commission.

(b) For withdrawal applications

submitted pursuant to § 806.4(a)(2) for

new projects, major modifications, and

renewals requesting an increase, the

project sponsor shall also provide the

notice required under paragraph (a) of

this section to each property owner

listed on the tax assessment rolls of the

county in which such property is

located and identified as follows:

(1) For groundwater withdrawal

applications, the owner of any

contiguous property that is located

within a one-quarter mile radius of the

proposed withdrawal location.

(2) For surface water withdrawal

applications, the owner of any property

that is riparian or littoral to the body of

water from which the proposed

withdrawal will be taken and is within

a one-half mile radius of the proposed

withdrawal location.

(3) For groundwater withdrawal

applications, the Commission or

Executive Director may allow

notification of property owners through

alternate methods where the property of

such property owner is served by a

public water supply.

(c) For projects involving a diversion

of water out of the basin, the project

sponsor shall also publish a notice of

the submission of its application at least

once in a newspaper of general

circulation serving the area outside the

basin where the project proposing to use

the diverted water is located. For

projects involving a diversion of water

into the basin, the project sponsor shall

also publish a notice of the submission

of its application at least once in a

newspaper of general circulation serving

the area outside the basin where the

withdrawal of water proposed for

diversion is located.

(d) The project sponsor shall provide

the Commission with a copy of the

United States Postal Service return

receipt or the verified return receipt

from a comparable delivery service for

the notifications to agencies of member

States, municipalities, counties and

appropriate county agencies required

under this section. The project sponsor

shall also provide certification on a form

provided by the Commission that it has

published the newspaper notice(s)

required by this section and made the

landowner notifications as required

under paragraph (b) of this section, if

applicable. The project sponsor shall

maintain all proofs of publication and

records of notices sent under this

section for the duration of the approval

related to such notices.

(e) For Notices of Intent (NOI) seeking

coverage under a general permit, the

project sponsor shall provide notice of

the NOI to the appropriate agency of the

member State and each municipality

and county and appropriate county

agencies in which the project is located

and any additional notice identified in

the general permit.

(f) For applications for minor

modifications and approvals by rule

under § 806.22(e), the project sponsor

shall provide notice of the application

to the appropriate agency of the member

State and each municipality and county

and appropriate county agencies in the

which the project is located.

(g) For NOIs seeking an approval

pursuant to § 806.22(f), the project

sponsor shall provide notice of the

application to the appropriate agency of

the member State, each municipality,

county and appropriate county agencies,

and the owner of the property on or in

which the drilling pad site is located.

For requests for approval submitted

under § 806.22(f)(13), the project

sponsor shall provide notice of the

application to the appropriate agency of

the member State, each municipality,

county and appropriate county agencies

in which the public water supply is

located.

■8. Amend § 806.18 by revising

paragraph (c) to read as follows:

§ 806.18 Approval modifications.

* * * * *

(c) Minor modifications. The

following are minor modifications:

(1) Correction of typographical or

other errors;

(2) Changes to monitoring or metering

conditions;

(3) Addition, amendment or removal

of sources of water for consumptive use

or project descriptions;

(4) Changes to the authorized water

uses;

(5) Changes to conditions setting a

schedule for developing, implementing,

and/or reporting on monitoring, data

collection and analyses;

(6) Changes to the design and minor

changes to the location of intakes;

(7) Increases to total system limits that

were established based on the projected

demand of the project; and

(8) Modifications of extraction well

network used for groundwater

remediation systems.

(9) Adjustments to a term of an

approval to align the approval with a

member jurisdiction approval or another

docket approval by the Commission.

(10) Changes to the method of

consumptive use mitigation to payment

of the mitigation fee, providing for

discontinuance, use of storage or an

adequate conservation release in

accordance with a previous Commission

determination.

(11) Addition of stormwater as a

source of consumptive use, including an

increase to the total consumptive use

related to the stormwater use.

(12) Extension of the date of

commencement of a withdrawal,

diversion or consumptive use

established under § 806.31(b).

* * * * *

■9. Amend § 806.22 by revising

paragraphs (e)(6) and (8), and (f)(4) and

(11) through (14) to read as follows:

§ 806.22 Standards for consumptive use of

water.

* * * * *

(e) * * *

(6) Mitigation. The project sponsor

shall comply with mitigation in

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accordance with paragraph (b)(1)(iii),

(b)(2) or (3) of this section.

* * * * *

(8) Decision. The Executive Director

may grant, deny, suspend, revoke,

modify or condition an approval to

operate under this approval by rule, or

renew an existing approval by rule

previously granted hereunder, and will

notify the project sponsor of such

determination, including the quantity of

consumptive use approved. Use of small

capacity sources or sources used only

for supply of potable water may be

appropriately included as a part of this

approval by rule in the discretion of the

Executive Director.

* * * * *

(f) * * *

(4) The project sponsor shall comply

with metering, daily use monitoring and

quarterly reporting as specified in

§ 806.30, or as otherwise required by the

approval by rule. The project sponsor

shall submit a post-hydrofracture report

in a form and manner as prescribed by

the Commission.

* * * * *

(11) In addition to water sources

approved for use by the project sponsor

pursuant to § 806.4 or this section, for

unconventional natural gas

development or hydrocarbon

development, whichever is applicable, a

project sponsor issued an approval by

rule pursuant to paragraph (f)(9) of this

section may utilize any of the following

water sources at the drilling pad site,

subject to such monitoring and

reporting requirements as the

Commission may prescribe:

(i) Tophole water encountered during

the drilling process, provided it is used

only for drilling or hydrofracture

stimulation.

(ii) Captured stormwater, provided it

is used only for drilling or hydrofracture

stimulation.

(iii) Drilling fluids, formation fluids,

flowback or production fluids obtained

from a drilling pad site, production well

site or hydrocarbon water storage

facility, provided it is used only for

hydrofracture stimulation, and is

handled, transported and stored in

compliance with all standards and

requirements of the applicable member

jurisdiction.

(12) A project sponsor issued an

approval by rule pursuant to paragraph

(f)(9) of this section may utilize a source

of water, except a public water supply,

approved by the Commission pursuant

to § 806.4(a) and issued to persons other

than the project sponsor, provided any

such source is approved for use in

unconventional natural gas

development, or hydrocarbon

development, whichever is applicable,

the project sponsor has an agreement for

its use and the project sponsor registers

such source with the Commission on a

form and in the manner prescribed by

the Commission. Use of the registered

source shall not commence until the

Commission acknowledges in writing

that the registration is proper and

complete.

(13) A project sponsor issued an

approval by rule pursuant to paragraph

(f)(9) of this section may also utilize

other sources of water, including but not

limited to, water withdrawals or

wastewater discharge not otherwise

associated with an approval issued by

the Commission pursuant to § 806.4(a),

public water supplies, or another

approval by rule issued pursuant to

paragraph (f)(9) of this section, provided

such sources are first approved by the

Executive Director. Any request for

approval shall be submitted on a form

and in the manner prescribed by the

Commission, shall satisfy the notice

requirements set forth in § 806.15, and

shall be subject to review pursuant to

the standards set forth in subpart C of

this part.

(14) [Reserved]

* * * * *

■10. Amend § 806.23 by revising

paragraphs (b) introductory text and

(b)(4), and adding paragraphs (b)(6) and

(7), to read as follows:

§ 806.23 Standards for water withdrawals.

* * * * *

(b) Limitations on and considerations

for withdrawals.

* * * * *

(4) The Commission may require the

project sponsor to undertake the

following, to ensure its ability to meet

its present or reasonably foreseeable

water needs from available groundwater

or surface water without limitation:

(i) Investigate additional sources,

interconnections or storage options to

meet the demand of the project.

(ii) Submit a water resource

development plan that shall include,

without limitation, sufficient data to

address any supply deficiencies,

identify alternative water supply

options, including interconnections,

and support existing and proposed

future withdrawals.

* * * * *

(6) Notwithstanding this paragraph,

existing withdrawals that successfully

complete the process in § 806.12(h) and

(i) shall satisfy the standards in

paragraph (b)(2) of this section. Further,

evaluation of the withdrawal shall

include reasonably foreseeable need and

the need for total system limits,

compliance with § 806.21, and any

changes to the project or project location

and setting.

(i) Approval of withdrawal limits on

existing sources will not be set above

the amount supported by the existing

historical and current operating data or

otherwise supported by the evaluation

under § 806.12, and may be set at a

different rate if supported by the

evaluation required in this paragraph.

(ii) Any approvals shall include

metering and measurement of

parameters consistent with § 806.30,

and may include conditions requiring

monitoring of surface water features or

other withdrawal sources.

(iii) If any reported metering or

monitoring data or other information

show a significant adverse impact to any

consideration in paragraph (b)(2) of this

section, the Commission may take

actions necessary to eliminate the

significant adverse impact, including

but not limited to requiring the project

to undertake more data collection and

analysis, aquifer testing and/or

conditioning the docket approval.

(7) Notwithstanding this paragraph,

small capacity sources shall be subject

to any withdrawal limit, including total

system limit, set by the Commission and

shall include metering and

measurement of parameters consistent

with § 806.30.

■11. Amend § 806.34 by revising

paragraph (c)(2) to read as follows:

§ 806.34 Emergencies.

* * * * *

(c) * * *

(2) With the concurrence of the

chairperson of the Commission and the

commissioner from the affected member

state, issue an emergency certificate for

a term not to extend beyond the next

regular business meeting of the

Commission where the extension of the

certificate may be included in the notice

for the next regularly scheduled public

hearing for that business meeting.

* * * * *

Dated: March 15, 2021.

Jason E. Oyler,

Secretary to the Commission.

[FR Doc. 2021–05612 Filed 3–25–21; 8:45 am]

BILLING CODE 7040–01–P

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