[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Proposed Rules]
[Pages 75915-75916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30764]
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SUSQUEHANNA RIVER BASIN COMMISSION
18 CFR Part 806
Review and Approval of Projects
AGENCY: Susquehanna River Basin Commission.
ACTION: Notice of proposed rulemaking and public hearing.
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SUMMARY: This document contains proposed rules that would amend the
project review regulations of the Susquehanna River Basin Commission
(Commission) to include special requirements for withdrawals from
surface water and groundwater sources which, from the point of taking
or point of impact respectively, have a drainage area of equal to or
less than ten square miles (headwater area); and to modify provisions
relating to the issuance of emergency certificates by the Executive
Director.
DATES: Comments on these proposed rules may be submitted to the
Commission on or before February 25, 2013. The Commission has scheduled
a public hearing on the proposed rulemaking, to be held February 14,
2013, in Harrisburg, Pennsylvania. The location of the public hearing
is listed in the addresses section of this notice.
ADDRESSES: Comments may be mailed to: Mr. Richard A. Cairo, Susquehanna
River Basin Commission, 1721 N. Front Street, Harrisburg, PA 17102-
2391, or by email to rcairo@srbc.net.
The public hearing will be held on February 14, 2013, at 3:00 p.m.,
at the Pennsylvania State Capitol, Room 8E-B, East Wing, Commonwealth
Avenue, Harrisburg, Pa. 17101. 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: Richard A. Cairo, General Counsel,
telephone: 717-238-0423, ext. 306; fax: 717-238-2436; email:
rcairo@srbc.net. Also, for further information on the proposed
rulemaking, visit the Commission's Web site at www.srbc.net.
SUPPLEMENTARY INFORMATION:
Background and Purpose of Amendments
The basic purpose of the regulatory amendments set forth in this
proposed rulemaking is to make further modifications to the
Commission's project review regulations relating to surface and
groundwater withdrawal limitations in headwater areas, and also
relating to the issuance of emergency certificates by the Executive
Director.
The Commission adopted a Low Flow Protection Policy (LFPP) on
December 14, 2012. The purpose of the LFPP is to provide implementation
guidance to the Commission staff, project sponsors and the public on
the criteria, methodology, and process used to evaluate withdrawal
applications to ensure that any flow alteration related to such
withdrawals does not cause significant adverse impacts to the water
resources of the basin.
When first released in draft form for public review in March 2012,
the LFPP included certain restrictions on water withdrawals in
headwater areas. Those provisions were removed from the policy upon
final adoption, and instead are being proposed for inclusion in the
Commission's project review regulations, given that they would
establish a binding norm more appropriately contained in regulation.
The addition of a new section, 18 CFR 806.6--Project limitations,
provides that projects proposing to withdraw water in drainage areas
equal to or less than ten square miles shall not be approved unless, in
the case of a surface water withdrawal, the use associated with the
project would occur on the tract of land that is riparian or littoral
to the surface water source from which the water is withdrawn, or would
be used to provide source water to a public water supply system.
Likewise, a groundwater withdrawal that impacts a surface water source
which, from the point of impact is in a headwater area, would not be
approved unless the water use associated with the project would occur
on the tract of land from which the water is withdrawn, or would be
used to provide source water to a public water supply system. Language
is also included that provides that withdrawals by public water supply
systems shall be limited for use within the system's service area, and
not for bulk sale outside such area.
It is generally recognized that the smaller the drainage area, the
less the amount of water that can be removed from it sustainably. On
the whole, headwater areas of ten square miles or less have very
limited yields, resulting in very limited water availability. The
Commission believes it is appropriate, as a matter of sound public
policy, to prioritize how that limited resource should be utilized by
restricting its withdrawal for only uses within those areas or
otherwise for public water supply.
So as not to prejudice administratively complete applications
currently undergoing review as of the date of this Notice of Proposed
Rulemaking, the Commission intends to
[[Page 75916]]
exempt such applications from the scope of this new rule if and when
finally adopted.
In addition, the Commission finds it desirable to clarify the
provisions of 18 CFR 806.34 relating to the issuance of emergency
certificates by the Executive Director. Amendatory language is proposed
in paragraph (a) of Sec. 806.34 providing further criteria to apply in
the exercise of this authority; namely, that consideration should be
given to actions deemed necessary to sustain human life, health and
safety, the life, health or safety of livestock, or the maintenance of
electric system reliability, along with such other priorities
established by the Commission relating to drought emergencies.
Language is also proposed to 18 CFR 806.34(b) and (b)(2)(iii)
clarifying that the authority is applicable to both unapproved projects
and those operating under an existing Commission approval.
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
Subpart A--General Provisions
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 Part 806, revise the Table of Contents for Subpart A to read
as follows:
Subpart A--General Provisions
Sec.
806.1 Scope.
806.2 Purposes.
806.3 Definitions.
806.4 Projects requiring review and approval.
806.5 Projects that may require review and approval.
806.6 Project limitations.
806.7 Transfer of approvals.
806.8 Concurrent project review by member jurisdictions.
806.9 Waiver/modification.
* * * * *
3. In Sec. 806.4, revise paragraph (a) to read as follows:
Sec. 806.4 Projects requiring review and approval.
(a) Except for activities relating to site evaluation or those
authorized under Sec. 806.34, and subject to the limitations set forth
in Sec. 806.6, 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 and
shall be subject to the applicable standards in subpart C.
* * * * *
Sec. Sec. 806.6 through 806.8 [Redesignated as Sec. Sec. 806.7
through 806.9]
4. Redesignate Sec. Sec. 806.6 through 806.8 as Sec. Sec. 806.7
through 806.9, and add new Sec. 806.6 to read as follows:
Sec. 806.6 Project limitations.
Except for existing projects undergoing approval, modification or
renewal, any project requiring review and approval under this section
and involving a withdrawal from a surface water source which, from the
point of taking, has a drainage area of equal to or less than ten
square miles, or any groundwater withdrawal that may impact a surface
water source which, from the point of impact, has a drainage area of
equal to or less than ten square miles, shall not be approved unless:
(a) In the case of a surface water withdrawal, the water use
associated with the project will occur on the tract of land that is
riparian or littoral to the surface water source from which the water
is withdrawn, or will be used to provide source water to a public water
supply system, as that term is defined in Sec. 806.3 or by statute or
regulation of the host member state, for use within the system's
service area and not for bulk sale outside such area.
(b) In the case of a groundwater withdrawal, the water use
associated with the project will occur on the tract of land from which
the water is withdrawn, or will be used to provide source water to a
public water supply system, as that term is defined in Sec. 806.3 or
by statute or regulation of the host member state, for use within the
system's service area and not for bulk sale outside such area.
5. In Sec. 806.34, revise paragraphs (a), (b), (b)(2), and
(b)(2)(iii) to read as follows:
Sec. 806.34 Emergencies.
(a) Emergency certificates. The other requirements of these
regulations notwithstanding, in the event of an emergency requiring
immediate action to protect the public health, safety and welfare or to
avoid substantial and irreparable injury to any person, property, or
water resources when circumstances do not permit a review and
determination in the regular course of the regulations in this part,
the Executive Director, with the concurrence of the chairperson of the
Commission and the commissioner from the affected member state, may
issue an emergency certificate authorizing a project sponsor to take
such action as the Executive Director may deem necessary and proper in
the circumstances, pending review and determination by the Commission
as otherwise required by this part. In the exercise of such authority,
consideration should be given to actions deemed necessary to sustain
human life, health and safety, or that of livestock, or the maintenance
of electric system reliability to serve such needs, or any other such
priorities that the Commission may establish from time to time
utilizing its authority under Section 11.4 of the Compact related to
drought emergencies.
(b) Notification and application. A project sponsor shall notify
the Commission, prior to commencement of the project, that an emergency
certificate is needed. In the case of a project operating under an
existing Commission approval seeking emergency approval to modify,
waive or partially waive one or more conditions of such approval,
notice shall be provide to the Commission prior to initiating the
operational changes associated with the request. If immediate action,
as defined by this section, is required by a project sponsor and prior
notice to the Commission is not possible, then the project sponsor must
contact the Commission within one (1) business day of the action.
Notification may be by certified mail, facsimile, telegram, mailgram,
electronic mail or other form of written communication. This
notification must be followed within one (1) business day by submission
of the following:
* * * * *
(2) At a minimum, the application shall contain:
* * * * *
(iii) Location map and schematic of proposed project, or in the
case of a project operating under an existing Commission approval, the
project approval reference and a description of the operational changes
requested.
* * * * *
Dated: December 17, 2012.
Thomas W. Beauduy,
Deputy Executive Director.
[FR Doc. 2012-30764 Filed 12-21-12; 8:45 am]
BILLING CODE 7040-01-P