[Federal Register Volume 62, Number 90 (Friday, May 9, 1997)]
[Proposed Rules]
[Pages 25569-25572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12069]


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DELAWARE RIVER BASIN COMMISSION

18 CFR Part 430


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

AGENCY: Delaware River Basin Commission.


[[Page 25570]]


ACTION: Notice of proposed rulemaking and public hearing.

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SUMMARY: Notice is hereby given that the Delaware River Basin 
Commission will hold a public hearing to receive comments on proposed 
amendments to its Ground Water Protected Area Regulations for 
Southeastern Pennsylvania with respect to the establishment of 
numerical ground water withdrawal limits for subbasins in the protected 
area. The proposed limits, based upon hydrologic budget analyses, would 
initially be specified for the 14 subbasins in the Neshaminy Creek 
Basin. Limits for the remaining 52 subbasins within the protected area 
would be developed upon completion of additional hydrologic budget 
analyses, scheduled to be completed late in 1997.

DATES: The public hearing will be held on Tuesday, June 24, 1997 
beginning at 3:00 p.m. and continuing until 5:00 p.m., as long as there 
are people present wishing to testify. The hearing will resume at 7:00 
p.m. and continue until 9:00 p.m., as long as there are people present 
wishing to testify.
    The deadline for inclusion of written comments in the hearing 
record will be announced at the hearing. Persons wishing to testify at 
the hearing are requested to register with the Secretary in advance of 
the hearing.

ADDRESSES: Written comments should be submitted to Susan M. Weisman, 
Delaware River Basin Commission, P.O. Box 7360, West Trenton, New 
Jersey 08628. The public hearing will be held in the Goddard Conference 
Room of the Commission's offices at 25 State Police Drive, West 
Trenton, New Jersey.

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

SUPPLEMENTARY INFORMATION:

Background and Rationale

    The Commission's Ground Water Protected Area Regulations for 
Southeastern Pennsylvania were adopted in 1980 to prevent depletion of 
ground water, protect the interests and rights of lawful users of the 
same water source, and balance and reconcile alternative and 
conflicting uses of limited water resources in the area. Lowered water 
tables resulting from withdrawals in excess of recharge rates have led 
to reduction of flows in some perennial streams in the region and have 
dried up some stream reaches which previously flowed all year. Such 
reductions in base flow interfere with instream and downstream water 
uses, adversely affect fisheries and aquatic life, and threaten to 
reduce the capacity of streams in the region to assimilate pollutants.
    Since then, the ground water protected area regulations have been 
implemented and all interference issues have been addressed, with many 
sources limited to more reliable quantities. In addition, other 
alternative supplies have been made available in much of the protected 
area. While it is clear that ground water withdrawals have impacted the 
low flow of perennial streams, it has been difficult to address the 
impact on streamflow on a project by project basis. With this in mind, 
the Commission and its Ground Water Advisory Committee evaluated a 
variety of approaches and determined that additional information was 
needed. In 1996, the U.S. Geological Survey completed work on a 
computer program to more accurately compare water withdrawals and 
ground water base flow in the Neshaminy Creek Basin. Over the past 
year, the Commission's Ground Water Advisory Committee met on several 
occasions to review the study products and discuss possible management 
strategies to address the problems identified by the study. Commission 
staff has presented the study results and options to some 15 county 
planning entities, state and federal agencies and watershed, civic and 
professional organizations. Finally, the Commission held public 
briefings on the proposed amendments to the regulations on April 8, 
1997 in Doylestown, Pennsylvania and on April 10, 1997 in West Chester, 
Pennsylvania.
    The proposed amendments to the Ground Water Protected Area 
Regulations would establish a two-tiered system of withdrawal limits. 
The first tier would serve as a warning that a subbasin is 
``potentially stressed.'' In potentially stressed subbasins, applicants 
for new or expanded ground water withdrawals would be required to 
implement one or more programs to mitigate adverse impacts of 
additional ground water withdrawals. Acceptable programs would include: 
conjunctive use of ground water and surface water; expanded water 
conservation; programs to control ground water infiltration; and 
artificial recharge and spray irrigation. The second tier would serve 
as the maximum withdrawal limit. The Commission would seek to prevent 
ground water withdrawals from exceeding the maximum withdrawal limit.
    The proposed regulations would also provide incentives for holders 
of existing DRBC dockets and protected area permits to implement the 
above-cited conjunctive use and conservation programs to mitigate the 
adverse impacts of their ground water withdrawals. If docket or permit 
holders successfully implement one or both programs, the Commission 
would extend the docket or permit duration for up to ten years.
    The proposed regulations would also specify administrative criteria 
for issuing and review of dockets and permits as well as protocol for 
updating and revising withdrawal limits to provide additional 
protection for streams designated by the Commonwealth of Pennsylvania 
as ``high quality'' or ``exceptional value'', or to correspond with any 
integrated resources plans adopted by municipalities for subbasins. 
This regulation would become effective upon adoption by the Commission.
    The ground water study which provided the basis for the proposed 
withdrawal limits for the 14 subbasins in the Neshaminy Creek Basin was 
prepared by the U.S. Geological Survey in cooperation with the 
Commission and is entitled ``Water-Use Analysis Program for the 
Neshaminy Creek Basin, Bucks and Montgomery Counties, Pennsylvania.'' 
Limited quantities of this report and its accompanying map series 
entitled ``Maps of Difference Between Ground-Water Contributions to 
Base Flow for the Various Recurrence Intervals and Ground Water 
Withdrawals in the Neshaminy Creek Basin, Pennsylvania'' were printed 
and may be reviewed at the Commission's offices at 25 State Police 
Drive, West Trenton, New Jersey. Please contact Judith L. Strong, 
Commission Librarian at (609) 883-9500 ext. 263 to make an appointment. 
Review copies are also available at the offices of the Bucks County 
Planning Commission (215) 345-3400; Bucks County Library Center (215) 
348-9082; Montgomery County Planning Commission (Drew Shaw) (610) 278-
3733; the Chester County Library (Sue Wilson) (610) 363-0884; and 
Lehigh Valley Planning Commission (610) 264-4544.
    The subject of the hearing will be as follows:

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

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

[[Page 25571]]

PART 430--GROUND WATER PROTECTION AREA: PENNSYLVANIA

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

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

    2. Section 430.13 is amended by adding new paragraphs (h) through 
(m), to read as follows:


Sec. 430.13  protected area permits for new withdrawals.

    (h) Dockets and protected area permits may be issued for a duration 
of up to ten years and shall specify the maximum total withdrawals that 
must not be exceeded during any consecutive 30-day period. Such maximum 
total withdrawals shall be based on demands projected to occur during 
the duration of the docket or protected area permit.
    (i) Ground water withdrawal limits shall be defined for subbasins 
in accordance with the provisions of paragraph (i) (1) or (2) of this 
section. The limits for specific subbasins are set forth in paragraph 
(i)(3) of this section.
    (1) Hydrologic budget analyses shall be conducted for all subbasins 
in the Southeastern Pennsylvania Ground Water Protected Area. The 
analyses shall determine the 1-year-in-25 average annual baseflow rate. 
The 1-year-in-25 average annual baseflow rate shall serve as the 
maximum withdrawal limit for net annual ground water withdrawals for 
subbasins. If net annual ground water withdrawals exceed 75 percent of 
this rate for a subbasin, such a subbasin shall be deemed ``potentially 
stressed.'' The Commission shall maintain a current list of net annual 
ground water withdrawals for all subbasins. ``Net'' annual ground water 
withdrawals include total ground water withdrawals less total water 
returned to the ground water system of the same subbasin.
    (2) Upon application by the appropriate governmental body or 
bodies, the withdrawal limits criteria set forth in paragraph (i)(1) of 
this section may be revised by the Commission to provide additional 
protection for any subbasin identified in paragraph (i)(3) of this 
section with streams or stream segments designated by the Commonwealth 
of Pennsylvania as either ``high quality'' or ``exceptional value'' or 
to correspond with more stringent requirements in integrated resource 
plans adopted and implemented by all municipalities within a subbasin 
identified in paragraph (i)(3) of this section. Integrated resource 
plans shall set forth the hydrologic basis for more stringent 
withdrawal limits and consider ground water availability, potential 
impacts of withdrawals on flow frequency, and existing and future water 
needs in the subbasin. Integrated resource plans shall be adopted and 
implemented by all municipalities within a subbasin and incorporated 
into each municipality's Comprehensive Plan, which is required by the 
Pennsylvania Municipalities Planning Code.
    (3) The potentially stressed levels and withdrawal limits for all 
delineated basins and subbasins are set forth below:

                          Neshaminy Creek Basin                         
------------------------------------------------------------------------
                                                Potentially   Withdrawal
                   Subbasin                       stressed      limit   
                                                   (mgy)        (mgy)   
------------------------------------------------------------------------
West Branch Neshaminy.........................         1054         1405
Pine Run......................................          589          785
North Branch Neshaminy........................          845         1126
Main Stem Doylestown..........................          713          950
Main Stem Warwick.............................          927         1236
Little Neshaminy Warrington...................          505          673
Park Creek....................................          584          779
Little Neshaminy Warminster...................         1008         1344
Mill Creek....................................         1175         1567
Main Stem Northampton.........................          593          791
Newtown Creek.................................          298          397
Core Creek....................................          497          662
Ironworks Creek...............................          326          434
Main Stem Lower Neshaminy.....................         2876         3835
------------------------------------------------------------------------

    Subject to public notice and hearing, this section may be updated 
or revised based upon completion of hydrologic budget analyses for the 
remaining 52 subbasins within the Protected Area or in accordance with 
paragraph (i)(2) of this section.
    (j) Upon its determination that a subbasin is potentially stressed, 
the Commission shall notify all ground water users in the subbasin 
withdrawing 10,000 gallons per day or more during any 30-day period of 
its determination. If any such users have not obtained a docket or 
protected area permit from the Commission, they shall be required to 
apply to the Commission within 60 days of notification.
    (k) In potentially stressed subbasins, dockets and protected area 
permit applications for new or expanded ground water withdrawals must 
include one or more programs to mitigate the adverse impacts of the new 
or expanded ground water withdrawal. The eligible programs are noted 
below. If the remainder of the application and the program(s) submitted 
are acceptable, the withdrawal may be approved by the Commission for an 
initial three-year period. The applicant shall implement the program(s) 
immediately upon Commission approval. If after the three-year period 
the program(s) is deemed successful by the Commission, the docket or 
permit duration may be extended for up to 10 years. The project sponsor 
shall be required to continue the program(s) for the duration of the 
docket or permit.
    (1) A conjunctive use program that demonstrates the applicant's 
capability to obtain at least 15 percent of its average annual system 
usage from a reliable surface water supply. An acceptable program shall 
include either reservoir storage or an interconnection with a surface 
water supplier and an agreement or contract to purchase water from the 
supplier for the duration of the docket or permit.
    (2) A water conservation program that exceeds the requirements of 
Sec. 430.15. For existing water utilities, the program shall reduce 
average annual per capita water usage by at least five percent. All 
conservation programs shall include water conservation pricing, either 
inclining block rates, seasonal rates, or excess-use surcharges, and 
plumbing

[[Page 25572]]

fixture rebate or retrofit components. For self-supplied users, the 
program shall include water efficient technologies such as recycling, 
reuse, xeriscaping, drip or micro irrigation, or other innovative 
technology approved by the Commission.
    (3) A program to monitor and control ground water infiltration to 
the receiving sewer system. The program must quantify ground water 
infiltration to the system and document reductions in infiltration. The 
program should include such measures as leakage surveys of sewer mains, 
metering of sewer flows in mains and interceptors, analysis of sewer 
system flows to quantify infiltration, and remedial measures such as 
repair of leaks and joints, main lining, and main replacement.
    (4) An artificial recharge or spray irrigation program that 
demonstrates a return of at least 60 percent of the total new or 
expanded annual withdrawal to the same ground water basin and aquifer 
system from which it is withdrawn. The program shall not impair ground 
water quality.
    (l) The durations of all existing dockets and protected area 
permits may be extended by the Commission for an additional five years 
if the docket or permit holder successfully implements either option 
(k)(1) or (k)(2) of this section. If the docket or permit holder 
successfully implements both options, the docket or permit may be 
extended for an additional ten years. The Executive Director shall 
notify all docket and permit holders potentially affected by this 
resolution of their right to file an application to determine their 
eligibility for extension.
    (m) It is the policy of the Commission to prevent, to the extent 
reasonably possible, net annual ground water withdrawals from exceeding 
the maximum withdrawal limit. An application for a proposed new or 
expanded ground water withdrawal that would result in net annual ground 
water withdrawals exceeding the maximum withdrawal limit established in 
paragraph (i)(3) of this section shall set forth the applicant's 
proposal for complying with the Commission's policy, with such 
supporting documentation as may be required by the Executive Director. 
Notification of the application shall be given to all affected existing 
water users who may also submit comments or recommendations for 
consideration by the Commission on the pending application. In taking 
action upon the application, the Commission shall give consideration to 
the submissions from the applicant and affected water users. If the 
Commission determines that it is in the public interest to do so, it 
may reduce the total of proposed and existing ground water withdrawals 
within a subbasin to a level at or below the withdrawal limit. Unless 
otherwise determined by the Commission, docket and permit holders shall 
share equitably in such reductions.

    Dated: May 2, 1997.
Susan M. Weisman,
Secretary.
[FR Doc. 97-12069 Filed 5-8-97; 8:45 am]
BILLING CODE 6360-01-P