[Federal Register Volume 74, Number 223 (Friday, November 20, 2009)]
[Rules and Regulations]
[Pages 60154-60155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27645]


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DELAWARE RIVER BASIN COMMISSION

18 CFR Part 410


Amendments to the Water Code and Comprehensive Plan To Implement 
a Revised Water Audit Approach To Identify and Control Water Loss

AGENCY: Delaware River Basin Commission.

ACTION: Final rule.

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SUMMARY: By Resolution No. 2009-01 on March 11, 2009, the Delaware 
River Basin Commission (``Commission'' or ``DRBC'') approved amendments 
to its Water Code and Comprehensive Plan to implement an updated water 
audit approach to identify and control water loss in the Basin.

DATES: Effective Date: November 20, 2009. The incorporation by 
reference of the publications listed in this rule is approved by the 
Director of the Federal Register as of November 20, 2009.
    Applicability Date: Commencing January 1, 2012, the owners of water 
supply systems serving the public with sources or service areas located 
in the Delaware River Basin must implement an annual calendar year 
water audit program conforming to the IWA/AWWA Water Audit Methodology 
and corresponding AWWA guidance. Commencing January 1, 2013, reported 
``non-revenue water'' must be computed in accordance with the new 
methodology and guidance.

FOR FURTHER INFORMATION CONTACT: Pamela M. Bush, Commission Secretary 
and Assistant General Counsel by phoning 609-883-9500 Ext. 203, or by 
e-mail to [email protected].

SUPPLEMENTARY INFORMATION: The Delaware River Basin Commission 
(``Commission'' or ``DRBC'') is a federal-state regional agency charged 
with managing the water resources of the Delaware River Basin without 
regard to political boundaries. Its members are the governors of the 
four basin states--Delaware, New Jersey, New York, and Pennsylvania--
and the North Atlantic Division Commander of the U.S. Army Corps of 
Engineers, representing the federal government.
    Notice of the proposed amendments appeared in the Federal Register 
(73 FR 44945) on August 1, 2008 as well as in the Delaware Register of 
Regulations on September 1, 2008 (12 DE Reg. 275-278 (09/01/2008)), the 
New Jersey Register (40 N.J.R. 4499) on August 4, 2008, the New York 
State Register (page 2) on August 20, 2008 and the Pennsylvania 
Bulletin (38 Pa. B. 4373) on August 9, 2008.
    The amendments to the Comprehensive Plan and Article 2 of the Water 
Code finalized by the Commission on March 11, 2009 phase in a program 
requiring water purveyors to perform a water audit and report their 
findings in accordance with a new audit structure established by the 
American Water Works Association (AWWA) and the International Water 
Association (IWA). Effective January 1, 2012, the owners of water 
supply systems serving the public with sources or service areas located 
in the Delaware River Basin must implement an annual calendar year 
water audit program conforming to the IWA/AWWA Water Audit Methodology 
and corresponding

[[Page 60155]]

AWWA guidance. Commencing January 1, 2013, reported ``non-revenue 
water'' must be computed in accordance with the new methodology and 
guidance. During the period between the effective date of the rule and 
ending December 31, 2011 (hereinafter, ``phase-in period'') water 
purveyors are encouraged to implement the new methodology and guidance 
on a voluntary basis.
    The Commission has determined that the new water audit methodology 
provides a rational approach that will facilitate more consistent 
tracking and reporting than the current approach allows. It will help 
water managers and regulators, including the Commission, state 
agencies, and utility managers, target their efforts to improve water 
supply efficiency, thereby reducing water withdrawals. Improving water 
accountability will contribute to achieving objective 1.3.C of the 
Water Resources Plan for the Delaware River Basin (DRBC 2004), which 
calls for ensuring maximum feasible efficiency of water use across all 
sectors.
    The Commission conducted an informational meeting on the proposed 
amendments on September 10, 2008 and a public hearing on September 25, 
2008, both in West Trenton, New Jersey. Written comment on the proposed 
amendments was accepted through October 3, 2008. The Commission 
received one written submission and no oral testimony on the proposed 
amendment. The agency made revisions to the proposed rule on its own 
initiative for clarification. A comment and response document 
summarizing the comments on the proposed rule and setting forth the 
Commission's responses and revisions in detail was approved by the 
Commission simultaneously with adoption of the final rule.
    The final form of the rule differs from the proposed rule in the 
following respects: For purposes of clarity, a definition of ``non-
revenue water'' consistent with the AWWA definition was added to 
Section 2.1.6.A. of the rule. The definition of ``unaccounted-for 
water'' in the same section was amended to include a definition of 
``unaccounted-for water percent.'' This change was made because the 
computation must return a percentage value so that it can be measured 
against the performance target of less than 15% unaccounted-for water.
    The Commission also added language to establish that until use of 
the IWA/AWWA Water Audit methodology becomes mandatory on January 1, 
2012, DRBC's regulatory standards for leak detection and repair (i.e., 
measurement and control of unaccounted-for-water), set forth in Section 
2.1.6 of the Water Code, shall remain in force. System operators who 
voluntarily submit audits in a form consistent with the new methodology 
during the phase-in period are advised in the Commission's comment and 
response document that non-revenue water volume expressed as a 
percentage of input volume will be treated as the equivalent of 
unaccounted-for-water, the measure applicable under the existing rule. 
The comment and response document explains that once the Water Audit 
method is introduced throughout the Delaware Basin and a body of data 
is available for analysis, a more meaningful measure of system 
performance will be established.
    DRBC Resolution No. 2009-1 and a copy of the comment and response 
document are both available on the DRBC Web site, http://www.drbc.net. 
Resolution No. 2009-1 incorporates Article 2 of the Water Code, showing 
the amendments as proposed in August 2008 and as finally approved by 
the Commission on March 11, 2009. Copies of Resolution No. 2009-1 and 
the Water Code may be obtained from the Commission's Secretary and 
Assistant General Counsel at the telephone number and e-mail address 
listed above. A charge for printing and mailing may apply.

List of Subjects in 18 CFR Part 410

    Incorporation by reference, Water audit, Water pollution control, 
water reservoirs, Water supply, Watersheds.


0
For the reasons set forth in the preamble, the Delaware River Basin 
Commission amends part 410 of title 18 of the Code of Federal 
Regulations as follows:

PART 410--BASIN REGULATIONS; WATER CODE AND ADMINISTRATIVE MANUAL--
PART III WATER QUALITY REGULATIONS

0
1. The authority citation for part 410 continues to read:

    Authority:  Delaware River Basin Compact, 75 Stat. 688.


0
2. Revise the first sentence of paragraph (c) of Sec.  410.1 to read as 
follows:


Sec.  410.1   Basin regulations--Water Code and Administrative Manual--
Part III Water Quality Regulations.

* * * * *
    (c) Work, services, activities and facilities affecting the 
conservation, utilization, control, development or management of water 
resources within the Delaware River Basin are subject to regulations 
contained within the Delaware River Basin Water Code with Amendments 
Through March 11, 2009, Printed: November 12, 2009, and the 
Administrative Manual--Part III Water Quality Regulations with 
Amendments Through July 16, 2008, Printed: September 12, 2008. * * *
* * * * *

    Dated: November 12, 2009.
Pamela M. Bush,
Secretary and Assistant General Counsel.
[FR Doc. E9-27645 Filed 11-19-09; 8:45 am]
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