[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Proposed Rules]
[Pages 45766-45767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23058]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / 
Proposed Rules  

[[Page 45766]]


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DELAWARE RIVER BASIN COMMISSION

18 CFR Part 401


Rules of Practice and Procedure; Proposed Amendments to 
Administrative Manual--Rules of Practice and Procedure; Public Hearing

AGENCY: Delaware River Basin Commission.

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 review comments on proposed 
amendments to its Rules of Practice and Procedure which are intended to 
delete obsolete provisions, to clarify certain provisions of the rules 
and better inform the signatory parties, applicants and the general 
public with regard to the Commission's practices and procedures. The 
proposed revisions conform the rules to existing Commission 
interpretations and practices.

DATES: The public hearing will be held on October 22, 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 deadline for inclusion of written comments in the hearing 
record will be announced at the hearing.

ADDRESSES: 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. Written comments should be submitted to Susan M. 
Weisman, Delaware River Basin Commission, P.O. Box 7360, West Trenton, 
New Jersey 08628.

FOR FURTHER INFORMATION CONTACT: Susan M. Weisman, Commission 
Secretary, Delaware River Basin Commission, P.O. Box 7360, West 
Trenton, New Jersey 08628. Telephone (609) 883-9500 ext. 203.

SUPPLEMENTARY INFORMATION:

Background and Rationale

    The Rules of Practice and Procedure of the Delaware River Basin 
Commission have been modified and changed periodically since they were 
originally adopted December 13, 1961. There has not been a 
comprehensive review of these rules, however, for more than twenty 
years.
    The proposed revisions are summarized below.

1. Deletion of Article 4, Environmental Impact Statements, and Related 
Sections

    Existing Article 4 sets forth DRBC's requirements with regard to 
environmental impact statements and reviews. Although these provisions 
have remained in DRBC's Rules, a copy of DRBC Resolution No. 80-11 
suspending those provisions of the Commission's Rules of Practice and 
Procedure relating to environmental assessments has been inserted at 
the end of the existing rules. Since the adoption of this Resolution in 
1980, the Commission has not conducted environmental assessments 
pursuant to DRBC's rules. The continued inclusion of these suspended 
sections, however, has been a source of confusion and misunderstanding 
to many individuals and groups interested in DRBC's review 
requirements. For example, when DRBC recently solicited public comments 
concerning its regulations for controlling toxic pollutants in the 
Delaware River Estuary, comments were received suggesting that DRBC had 
not complied with the environmental review requirements under its 
rules.
    When Resolution No. 80-11 to suspend was adopted, the Resolution 
would have permitted reinstatement of environmental reviews if 
``financial resources are developed.'' The experiences of the last 17 
years, and the financial constraints that have developed recently, make 
it clear that Federal or other funding is not likely to be available 
for the foreseeable future.
    To avoid continuing confusion, the deletion of Article 4 is 
proposed. DRBC's review of projects, however, will continue to require 
all projects to comply with all environmental and other policies in the 
Commission's Comprehensive Plan.

2. Review of Projects Having a Non-Substantial Impact on Basin Waters

    In 1976 the Commission adopted Resolution No. 76-20 which provided 
two administrative changes designed to reduce the project review 
activity of DRBC staff.
    The first was an attempt to provide more flexibility in the 
determination of what constitutes substantial projects resulting in 
more projects determined to be nonsubstantial and not subject to 
Commission review. Experience with a few projects indicated the process 
was not cost effective and staff reverted back to strictly following 
the exemptions list in the Rules Section 2.3.5(a). The 1976 revisions 
included in Sections 2.3.4 and 2.3.5(d) which provided for this 
procedure have not been applied since 1978.
    The second administrative change provided for in Sections 2.3.5(e), 
2.3.9 (b) and (c) was to have state staff review and submit a 
determination (called an action report) that each project forwarded to 
the Commission did not impair or conflict with the DRBC's Comprehensive 
Plan. Even though three states signed new administrative agreements to 
implement this procedure, state staffs did not provide the 
determinations and the procedure was never implemented.
    Section 2.3.10 is proposed to be deleted and all rules regarding 
hearings are proposed to be consolidated in revised Article 6.

Summary of Proposed Revisions

1. Introduction

    In view of the changes included within the proposed revision, the 
Introduction has been rewritten to update the description of what is 
included in the Commission's Rules of Practice and Procedure.

2. Article 1--Comprehensive Plan

    The proposed revisions to this article clarify the meaning of 
Comprehensive Plan within DRBC's rules. The revisions further clarify 
the procedure related to application for inclusion of projects within 
the Comprehensive Plan and the review by the Commission of proposals 
for changes and additions to the Comprehensive Plan. These revisions 
conform with existing Commission interpretation of the provisions 
within Article 1.

[[Page 45767]]

3. Article 2--Water Resources Program

    No proposed revisions to this article are recommended at this time.

4. Article 3--Project Review Under Section 3.8 of the Compact

    (a) The proposed revisions to Article 3 relating to environmental 
reviews and non-substantial projects are discussed above.
    (b) The proposed revision would delete Section 2-3.5.1. The 
regionalization policy was slightly modified with the adoption of 
revised Water Quality Regulations in December 1992 (Section 2.30, Basin 
Regulation--Water Quality). Deleting these requirements eliminates 
confusion and allows the more recent and flexible policy to control. 
The revised rule would add (6) in Section 2.1.4 requiring applications 
to include a discussion of the alternates considered and in Section 
2.3.8 (a) ``Exhibits to Accompany Application'', it would revise (8) to 
include analysis and conclusions of regional water supply and waste 
water investigations.
    (c) The proposed revision would also delete Section 2.3.5.2. This 
policy was adopted in 1971, Resolution No. 71-3, when the DRBC was 
involved in four or five nuclear plants and several major expansions or 
new fossil fuel plants, all by the seven major electric utilities 
serving the Basin. Planning at that time centered around mega stations 
of 1000 to 3000 Megawatts and use of multi MGD of water. Future 
locations of such large single use water demands was essential for any 
future water resource planning. A consortium of the utilities was 
formed known as DRBEUG (Delaware River Basin Electric Utilities Group) 
to address this DRBC requirement. Between 1971 and 1989, periodic 
siting studies were submitted to DRBC. In 1989 DRBEUG explained that 
they no longer could present a comprehensive siting study since the 
regulators were now encouraging NUGs (Non Utility Generators) and they 
could not in any way appear to represent these non-utility electric 
generators. Essentially, the major utilities have abandoned plans for 
any new major stations. New applications for several years now have 
been non-utility projects and generally no more than 200 MW. After 
several meetings between DRBEUG and staff, it was concluded that the 
siting study would no longer serve its intended purpose for DRBC.
    (d) The remaining sections are intended to clarify the Commission's 
procedures with regard to Section 3.8 applications and the review 
thereof.

5. Article 4--Environmental Impact Statements

    The Commission proposes deletion of the existing provisions of 
Article 4 as discussed above. Article 4 will be reserved for future 
use.

6. Article 5--Review in Water Quality Cases

    The proposed revisions to Article 5 clarify that this article 
applies to administrative actions and decisions by the Executive 
Director. The procedures for review, hearing and decisions of 
objections to the Executive Director's actions and decisions will be 
pursuant to Article 6. The time for requesting a hearing is extended to 
thirty days to conform with the thirty day period provided for in 
Article 6. The remaining proposed changes are to broaden the wasteload 
allocations section to cover allocations in general (including proposed 
allocations of toxics) as well as the existing allocation program of 
carbonaceous oxygen demand.

7. Article 6--Conduct of Hearings

    The proposed revisions in this article reflect the practices 
employed by the Commission in connection with hearings, clarify the 
application of Article 6 to contested hearings and codify existing 
practices with regard to such hearings.

8. Articles 7, 8 and 9

    No changes to these articles are proposed at this time.
    Copies of the full text of the proposed amendments to the 
Administrative Manual--Rules of Practice and Procedure may be obtained 
by contacting Susan M. Weisman at the address provided in FOR FURTHER 
INFORMATION CONTACT. Persons wishing to testify are requested to notify 
the Secretary in advance.

    Dated: August 18, 1997.

    Delaware River Basin Compact, 75 Stat. 688.
Susan M. Weisman,
Secretary.
[FR Doc. 97-23058 Filed 8-28-97; 8:45 am]
BILLING CODE 6360-01-P