[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Rules and Regulations]
[Pages 95860-95863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31146]
=======================================================================
-----------------------------------------------------------------------
DELAWARE RIVER BASIN COMMISSION
18 CFR Parts 401 and 420
Regulatory Program Fees and Water Supply Charges
AGENCY: Delaware River Basin Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission amends the Rules of Practice and Procedure and
the Basin Regulations--Water Supply Charges, respectively, to adopt a
new project review fee structure and provide for automatic inflation
adjustments. These changes are also incorporated into the Commission's
Comprehensive Plan.
DATES: This final rule is effective January 1, 2017.
FOR FURTHER INFORMATION CONTACT: Richard C. Gore, Director of
Administration and Finance, 609-883-9500, ext. 201.
SUPPLEMENTARY INFORMATION:
Background. The Delaware River Basin Commission (``DRBC'' or
``Commission'') is a Federal-interstate compact agency charged with
managing the water resources of the Delaware River Basin on a regional
basis without regard to political boundaries. Its members are the
governors of the four basin states--Delaware, New Jersey, New York and
Pennsylvania--and on behalf of the federal government, the North
Atlantic Division Commander of the U.S. Army Corps of Engineers.
By Resolution No. 2016-8 on December 14, 2016 the Commission
approved a comprehensive revision of its project review fee structure,
including an automatic annual indexed inflation adjustment for most
fees. An inflation adjustment was also approved for DRBC's water supply
charges rates applicable to consumptive and non-consumptive surface
water withdrawals. The changes to DRBC's regulatory program fees are
designed to provide a more predictable and sustainable source of
revenues and to close the annual gap in funding needed to support
DRBC's project review program. They also adjust the fees program to
better align with the One Process/One Permit Program instituted earlier
in 2016. The changes to DRBC's water supply charges regulations are
designed to help revenues assigned to DRBC's Water Supply Storage
Facilities Fund keep pace with inflation.
Public Process. A Notice of Proposed Rulemaking and Public Hearing
was posted to the Commission's Web site on May 9, 2016. A detailed set
of questions and answers about the proposal (``FAQs'') and a press
release accompanied the May 9, 2016 web posting. On May 10, 2016, an
email alert, including a link to the notice and supporting documents,
was transmitted to all parties subscribed to DRBC's list serve. Notice
of the proposed rules was published in the Federal Register at 81 FR
35662, June 3, 2016 and appeared in the Delaware Register of
Regulations, 19 DE Reg., 1052, June 1, 2016; New Jersey Register, 48
N.J.R. 949, June 6, 2016; New York State Register, May 25, 2016 (page
1); and Pennsylvania Bulletin, 46 Pa.B. 2967, June 11, 2016. DRBC staff
hosted a public informational meeting on the proposal on Wednesday,
June 15, 2016 in Washington Crossing, Pa., including presentations by
staff and informal questions and answers. The FAQs posted on the
Commission's Web site were thereafter supplemented with questions and
responses offered during the informational meeting. A public hearing on
the proposed amendments took place at the Commission's office building
in West Trenton, N.J. on July 27, 2016 and written comments were
accepted through August 12, 2016.
In response to the written and oral comments submitted on the draft
rules, staff developed a detailed comment and response document,
including modest changes to the rule text. After careful consideration
and consultation with staff on the comments and proposed changes to the
draft rules, the Commissioners determined that the changes were
appropriate, responsive to the public's concerns and a logical
outgrowth of the rules as proposed. The changes and the staff response
to comments were adopted by unanimous vote of the Commissioners to
approve Resolution No. 2016-8 at the Commission's public business
meeting on December 14, 2016.
Additional materials. The following additional materials can be
found on the Commission's Web site, www.drbc.net:
[[Page 95861]]
Resolution No. 2016-8, at http://www.nj.gov/drbc/library/documents/Res2016-09_Fee-Rule.pdf. Attachments to the resolution
include a redline version of the regulatory program fees rule text,
showing changes between the draft and final versions of the new rule;
and a redline version of the schedule of water charges, comparing the
text that has been in place since 2011 with the text of this final
rule.
The detailed comment and response document prepared by
staff and adopted by the Commission when it approved the final rule on
December 14, 2016, at http://www.nj.gov/drbc/library/documents/regs/CR_fees-rulemaking121416.pdf.
A questions and answers document (``FAQs'') prepared by
staff to explain the purpose and effect of the rule changes, at http://www.nj.gov/drbc/library/documents/FAQ_fees-charges121416.pdf.
The Commission's press release dated December 14, 2016,
announcing adoption of the project review fees restructuring and
amendment of the schedule of water charges, at http://www.nj.gov/drbc/home/newsroom/news/approved/20161214_newsrel_fees.html.
Updated versions of the Rules of Practice and Procedure
and the Basin Regulations--Water Supply Charges, at http://www.nj.gov/drbc/about/regulations/.
List of Subjects
18 CFR Part 401
Administrative practice and procedure, Project review, Water
pollution control, Water resources.
18 CFR Part 420
Water supply.
For the reasons set forth in the preamble, the Delaware River Basin
Commission amends parts 401 and 420 of title 18 of the Code of Federal
Regulations as set forth below:
PART 401--RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 401 continues to read as follows:
Authority: Delaware River Basin Compact (75 Stat. 688), unless
otherwise noted.
Subpart C--Project Review Under Section 3.8 of the Compact
0
2. Add Sec. 401.43 to subpart C to read as follows:
Sec. 401.43 Regulatory program fees.
(a) Purpose. The purpose of this section is to provide an adequate,
stable and reliable stream of revenue to cover the cost of the
Commission's regulatory program activities, an important means by which
the Commission coordinates management of the shared water resources of
the Basin. Activities to be covered by the fees include the review of
applications for projects that are subject to review under the Delaware
River Basin Compact and implementing regulations; and ongoing
activities associated with such projects, including but not limited to,
effluent and ambient monitoring, data analysis, hydrodynamic and water
quality modeling, and coordination with state and federal agencies.
(b) Types of fees. The following types of fees are established by
this section:
(1) Docket application fee. Except as set forth in paragraph
(b)(1)(iii) of this section, the docket application fee shall apply to:
(i) Project requiring a DRBC-issued docket or permit. Any project
that, in accordance with the Delaware River Basin Compact and DRBC
regulations, requires a Commission-issued docket or permit, whether it
be a new or existing project for which the Commission has not yet
issued an approval or a project for which the renewal of a previous
Commission approval is required.
(ii) Project requiring inclusion in the comprehensive plan. Any
project that in accordance with section 11 or section 13.1 of the
Delaware River Basin Compact and DRBC regulations must be added to the
Comprehensive Plan (also, ``Plan''). In addition to any new project
required to be included in the Plan, such projects include existing
projects that in accordance with section 13.1 of the Compact are
required to be included in the Plan and which were not previously added
to the Plan. Any existing project that is changed substantially from
the project as described in the Plan shall be deemed to be a new and
different project for purposes of this section.
(iii) Exemptions. The docket application fee shall not apply to:
(A) Any project for which the Signatory Party Agency serves as lead
under the One Permit Program rule (Sec. 401.42), unless such project
must be added by the Commission to the Comprehensive Plan.
(B) Any project for which an agency, authority or commission of a
signatory to the Compact is the primary sponsor. Projects sponsored by
political subdivisions of the signatory states shall not be included in
this exemption. For purposes of this section ``political subdivisions''
shall include without limitation municipalities, municipal utility
authorities, municipal development corporations, and all other entities
not directly under the budgetary and administrative control of the
Commission's members.
(2) Annual monitoring and coordination fee. An annual monitoring
and coordination fee shall apply to each withdrawal and/or discharge
project for which a water allocation or wastewater discharge approval
issued pursuant to the Compact and implementing regulations is in
effect, regardless of whether the approval was issued by the Commission
in the form of a docket, permit or other instrument, or by a Signatory
Party Agency under the One Permit Program rule (Sec. 401.42). The fee
shall be based on the amount of a project's approved monthly water
allocation and/or approved daily discharge capacity.
(3) Alternative review fee. In instances where the Commission's
activities and related costs associated with the review of an existing
or proposed project are expected to involve extraordinary time and
expense, an alternative review fee equal to the Commission's actual
costs may be imposed. The Executive Director shall inform the project
sponsor in writing when the alternative review fee is to be applied and
may require advance payment in the amount of the Commission's projected
costs. Instances in which the alternative review fee may apply include,
but are not limited to, matters in which:
(i) DRBC staff perform a detailed pre-application review, including
but not limited to the performance or review of modeling and/or
analysis to identify target limits for wastewater discharges.
(ii) DRBC staff perform or review complex modeling in connection
with the design of a wastewater discharge diffuser system.
(iii) DRBC manages a public process for which the degree of public
involvement results in extraordinary effort and expense, including but
not limited to, costs associated with multiple stakeholder meetings,
special public hearings, and/or voluminous public comment.
(iv) DRBC conducts or is required to engage third parties to
conduct additional analyses or evaluations of a project in response to
a court order.
(4) Additional fees--(i) Emergency approval. A request for an
emergency certificate under Sec. 401.40 to waive or amend a docket
condition shall be subject to a minimum fee in accordance with
paragraph (e) of this section. An alternative review fee also may be
charged in accordance with paragraph (b)(3) of this section.
(ii) Late filed renewal application. Any renewal application
submitted
[[Page 95862]]
fewer than 120 calendar days in advance of the expiration date or after
such other date specified in the docket or permit or letter of the
Executive Director for filing a renewal application shall be subject to
a late filed renewal application charge in excess of the otherwise
applicable fee.
(iii) Modification of a DRBC approval. Following Commission action
on a project, each project revision or modification that the Executive
Director deems substantial shall require an additional docket
application fee calculated in accordance with paragraph (e) of this
section and subject to an alternative review fee in accordance with
paragraph (b)(3) of this section.
(iv) Name change. Each project with a docket or permit issued by
the DRBC or by a Signatory Party Agency pursuant to the One Permit
Program rule (Sec. 401.42) will be charged an administrative fee as
set forth in paragraph (e) of this section.
(v) Change of ownership. Each project that undergoes a ``change in
ownership'' as that term is defined at 18 CFR 420.31(e)(2) will be
charged an administrative fee as set forth in paragraph (e) of this
section.
(c) Indexed adjustment. On July 1 of every year, beginning July 1,
2017, all fees established by this section will increase commensurate
with any increase in the annual April 12-month Consumer Price Index
(CPI) for Philadelphia, published by the U.S. Bureau of Labor
Statistics during that year.\1\ In any year in which the April 12-month
CPI for Philadelphia declines or shows no change, the docket
application fee and annual monitoring and coordination fee will remain
unchanged. Following any indexed adjustment made under this paragraph
(c), a revised fee schedule will be published in the Federal Register
by July 1 and posted on the Commission's Web site. Interested parties
may also obtain the fee schedule by contacting the Commission directly
during business hours.
---------------------------------------------------------------------------
\1\ Consumer Price Index--U/Series ID: CWURA102SA0/Not
Seasonally Adjusted/Area: Philadelphia-Wilmington-Atlantic City, PA-
NJ-DE-MD/Item: All items/Base Period: 1982-84 = 100.
---------------------------------------------------------------------------
(d) Late payment charge. When any fee established by this section
remains unpaid 30 calendar days after the payment due date provided on
the Commission's invoice, an incremental charge equal to 2% of the
amount owed shall be automatically assessed. Such charge shall be
assessed every 30 days thereafter until the total amount owed,
including any late payment charges has been paid in full.
(e) Fee schedules. The fees described in this section shall be as
follows:
Table 1 to Sec. 401.43--Docket Application Filing Fee
------------------------------------------------------------------------
Docket application
Project type fee Fee maximum
------------------------------------------------------------------------
Water Allocation................ $400 per million Greater of:
gallons/month of $15,000 \1\ or
allocation,\1\ Alternative
not to exceed Review Fee.
$15,000.\1\ Fee
is doubled for
any portion to be
exported from the
basin.
Wastewater Discharge............ Private projects: Alternative Review
$1,000,\1\ Public Fee.
projects: $500
\1\.
Other........................... 0.4% of project Greater of:
cost up to $75,000 \1\ or
$10,000,000 plus Alternative
0.12% of project Review Fee.
cost above
$10,000,000 (if
applicable), not
to exceed $75,000
\1\.
------------------------------------------------------------------------
\1\ Subject to annual adjustment in accordance with paragraph (c) of
this section.
Table 2 to Sec. 401.43--Annual Monitoring and Coordination Fee
------------------------------------------------------------------------
Annual fee Allocation
------------------------------------------------------------------------
Water Allocation.................. \1\ $300 <4.99 mgm.
\1\ 450 5.00 to 49.99 mgm.
\1\ 650 50.00 to 499.99 mgm.
\1\ 825 500.00 to 9,999.99
mgm.
\1\ 1,000 > or = to 10,000
mgm.
------------------------------------------------------------------------
Annual fee Discharge design
capacity
------------------------------------------------------------------------
Wastewater Discharge.............. \1\ $300 < 0.05 mgd.
\1\ 610 0.05 to 1 mgd.
\1\ 820 1 to 10 mgd.
\1\ 1,000 >10 mgd.
------------------------------------------------------------------------
\1\ Subject to annual adjustment in accordance with paragraph (c) of
this section.
Table 3 to Sec. 401.43--Additional Fees
------------------------------------------------------------------------
Proposed action Fee Fee maximum
------------------------------------------------------------------------
Emergency Approval Under 18 CFR $5,000............ Alternative Review
401.40. Fee.
Late Filed Renewal Surcharge.... $2,000............
Modification of a DRBC Approval. At Executive Alternative Review
Director's Fee.
discretion,
Docket
Application Fee
for the
appropriate
project type.
Name change..................... $1,000 \1\........
Change of Ownership............. $1,500 \1\........
------------------------------------------------------------------------
\1\ Subject to annual adjustment in accordance with paragraph (c) of
this section.
[[Page 95863]]
PART 420--BASIN REGULATIONS--WATER SUPPLY CHARGES
0
3. The authority citation for part 420 continues to read as follows:
Authority: Delaware River Basin Compact, 75 Stat. 688.
0
4. Revise Sec. 420.41 to read as follows:
Sec. 420.41 Schedule of water charges.
The schedule of water charges established in accordance with Sec.
420.22 shall be as follows:
(a) $80 per million gallons for consumptive use, subject to
paragraph (c) of this section; and
(b) $0.80 per million gallons for non-consumptive use, subject to
paragraph (c) of this section.
(c) On July 1 of every year, beginning July 1, 2017, the rates
established by this section will increase commensurate with any
increase in the annual April 12-month Consumer Price Index (CPI) for
Philadelphia, published by the U.S. Bureau of Labor Statistics during
that year.\1\ In any year in which the April 12-month CPI for
Philadelphia declines or shows no change, the water charges rates will
remain unchanged. Following any indexed adjustment made under this
paragraph (c), revised consumptive and non-consumptive use rates will
be published in the Federal Register by July 1 and posted on the
Commission's Web site. Interested parties may also obtain the rates by
contacting the Commission directly during business hours.
---------------------------------------------------------------------------
\1\ Consumer Price Index--U/Series ID: CWURA102SA0/Not
Seasonally Adjusted/Area: Philadelphia-Wilmington-Atlantic City, PA-
NJ-DE-MD/Item: All items/Base Period: 1982-84 = 100.
Dated: December 20, 2016.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 2016-31146 Filed 12-23-16; 4:15 pm]
BILLING CODE 6360-01-P