[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Proposed Rules]
[Pages 28567-28568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12076]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 80, No. 96 / Tuesday, May 19, 2015 / Proposed
Rules
[[Page 28567]]
DELAWARE RIVER BASIN COMMISSION
18 CFR Part 410
Proposed Amendments to the Rules of Practice and Procedure To
Allow Each Signatory Party and the DRBC To Administer a Single Process
for the Review and Adjudication of Projects
AGENCY: Delaware River Basin Commission.
ACTION: Proposed rule; notice of public hearing.
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SUMMARY: The Commission will hold a public hearing to receive comments
on proposed amendments to its Administrative Manual Part III--Rules of
Practice and Procedure (18 CFR part 401) to provide for DRBC and each
of the parties to the Delaware River Basin Compact (United States
Public Law 87-328, Approved September 27, 1961, 75 Statutes at Large
688; 53 Delaware Laws, Chapter 71, Approved May 26, 1961; New Jersey
Laws of 1961, Chapter 13, Approved May 1, 1961; New York Laws of 1961,
Chapter 148, Approved March 17, 1961; and Pennsylvania Acts of 1961,
Act No. 268, Approved July 7, 1961 (``the Compact'')--Delaware, New
Jersey, New York, Pennsylvania and the federal government (``Signatory
Parties'')--to coordinate and collaborate in the administration of a
single process for the review and adjudication of projects. The
program, called ``One Process/One Permit,'' (also herein, ``the
Program'') will allow DRBC and administrative agencies of the Signatory
Parties participating in the Program to incorporate the requirements
and determinations of both DRBC and the Signatory Party agency into a
single permit or other approval instrument.
DATES: The public hearing will start on or around 2 p.m. on Tuesday,
June 9, 2015, during the Commission's regularly scheduled public
hearing. The hearing will continue until all those wishing to testify
have had an opportunity to do so. Depending upon the number of people
wishing to speak, the hearing officer may impose time limits on
speakers. Written comments will be accepted by any of the means
described below and must be received by 5:00 p.m. on Wednesday, July 1,
2015. More information regarding the procedures for the hearing and
comments is set forth in the section ``Oral Testimony and Written
Comments.''
ADDRESSES: The public hearing will be held at the Washington Crossing
Historic Park Visitor's Center at 1112 River Road in Washington
Crossing, Pennsylvania. Please check washingtoncrossingpark.org/contact/ for directions, as Internet mapping services provide
unreliable directions to this location.
Oral Testimony and Written Comments: Persons wishing to testify at
the hearing are asked to register in advance by contacting Paula
Schmitt at 609-883-9500, ext. 224 or [email protected].
Written comments may be submitted as follows: If by email (preferred),
to [email protected]; by fax, to Commission Secretary at
609-883-9522; by U.S. Mail, to Commission Secretary, DRBC, P.O. Box
7360, West Trenton, NJ 08628-0360; or by overnight mail, to Commission
Secretary, DRBC, 25 State Police Drive, West Trenton, NJ 08628-0360.
Comments also may be delivered by hand at any time during DRBC's
regular office hours (Monday through Friday, 8:30 a.m. through 5:00
p.m. except on national holidays) until the close of the comment
period. In all cases, please include the commenter's name, address and
affiliation, if any, in the comment document and ``One Process/One
Permit'' or ``OPOP'' in the subject line.
FOR FURTHER INFORMATION CONTACT: The rule text is available on the DRBC
Web site, DRBC.net. Also posted to the Web site are an extensive FAQ
document; DRBC Resolution No. 2015-4, authorizing the Executive
Director to initiate rulemaking and enter into an administrative
agreement with the New Jersey Department of Environmental Protection
(NJDEP) for demonstration of the Program; and the administrative
agreement between DRBC and the NJDEP to provide for the demonstration
program, which includes provisions for fully implementing One Process/
One Permit once a final rule has been adopted. Detailed procedures of
the DRBC for public hearings, public meetings and ``Public Dialogue''
are available on the web at: http://www.state.nj.us/drbc/library/documents/procedures120414.pdf. For further information, please contact
Commission Secretary Pamela M. Bush, 609-477-7203.
SUPPLEMENTARY INFORMATION:
Background
Because DRBC and its Signatory Parties share common water resource
management objectives, sponsors of many water resource-related projects
in the Delaware River Basin are currently required to apply to both the
DRBC and a state agency, among others, for approvals. The proposed rule
provides for DRBC and the administrative agencies of the Signatory
Parties to identify regulatory programs that by mutual agreement will
be managed through a single process resulting in one decision or
approval. Agreements between DRBC and federal agencies are possible
under the rule, but none are currently contemplated.
One Process/One Permit is intended to promote interagency
cooperation and collaboration on shared mission objectives, achieve
regulatory program efficiencies, avoid unnecessary duplication of
effort, and reduce the potential for confusion on the part of regulated
entities and the public. The regulatory standards and authorities of
the DRBC and each of its Signatory Parties are expressly preserved by
the Program, including in the proposed rule. The more protective of the
applicable DRBC or Signatory Party agency's requirements will be
included in each permit or approval issued under the Program.
The proposed rule provides for DRBC and each Signatory Party agency
choosing to implement One Process/One Permit to enter into an
administrative agreement that identifies the types of projects and
approvals to be covered. Initially, the Program is expected to be
implemented for (a) withdrawals of basin waters subject to both DRBC
review and state allocation programs; and (b) wastewater discharges
subject to DRBC review and the state-administered National Pollutant
Discharge Elimination System (NPDES) program. For water withdrawals,
the lead agency under One Process/One Permit may be the state or the
DRBC, depending upon current state programs.
[[Page 28568]]
The delegated state environmental agencies will be lead agencies for
the review of wastewater discharges. Other regulatory programs, such as
programs relating to floodplain management, could be included in the
future. All administrative agreements between DRBC and agencies of the
Signatory Parties for implementing One Process/One Permit will be
subject to Commission approval following a public hearing.
Authority
Sections 1.5 and 3.9 of the Compact and existing DRBC rules allow
and encourage the Commission to use the agencies of the Signatory
Parties wherever feasible and advantageous consistent with the Compact.
Accordingly, under the proposed rule, permits issued by Signatory Party
agencies may include a finding required by Section 3.8 of the Compact.
Specifically, after the rule and amended agreements are in place, based
on the appropriate level of review and a recommendation by the DRBC
staff, approvals issued under the Program may include the finding that
when operated in accordance with the terms and conditions of the
approval, the activities regulated by the approval will not
substantially impair or conflict with DRBC's comprehensive plan.
Operation of the Program
Under the proposed rule, an application for initial approval,
renewal or revision of project activities subject to the One Process/
One Permit program will be filed only with the lead agency. This does
not mean that the DRBC or others will not be involved in the review of
applications for new and renewal water withdrawal and discharge
projects. Rather, DRBC and the Signatory Party agency will follow a
single process, and reviews will be performed more efficiently and more
collaboratively.
Consistent with the proposed rule, the agreements between DRBC and
Signatory Party agencies will provide for a level of DRBC review
appropriate to the circumstances. Some reviews, such as those for
simple and standard renewals of existing permits, may be significantly
streamlined or subject to inter-agency notifications only. Others,
including to implement standards for which the DRBC staff have special
expertise, will involve substantial DRBC staff effort. For example,
under the wastewater discharge program, DRBC staff will continue to
perform modeling to determine ``No Measurable Change'' requirements for
the Commission's Special Protection Waters program and to calculate an
alternative mixing zone for a discharge of treated industrial
wastewater to the Delaware Estuary. For certain projects, DRBC staff
also will continue to identify conditions of approval to ensure that
projects subject to review under the Compact and implementing
regulations do not impair or conflict with the Commission's
comprehensive plan. The purpose of One Process/One Permit is to
eliminate unnecessary effort, not to eliminate effort needed to fully
review a project under all applicable standards and rules. Under the
Program, each party continues to recognize the authority of the other
to promulgate rules, regulations and standards. The rule does not
change that authority.
Notably, a separate DRBC review and decision for water withdrawal
and discharge activities will still be required in certain cases, such
as when a new project must be incorporated into the Commission's
comprehensive plan. Both parties also will retain the right to act
separately, such as in the instances, anticipated to be rare, where the
parties cannot agree on the terms and conditions of approval. Certain
categories of projects that are subject to DRBC review will not be
covered by the Program, and the Executive Director and Commissioners
will have the ability to remove a project from the Program. However,
the objective of One Process/One Permit is to encompass most, if not
all, elements of the review and approval for covered projects.
The proposed rule does not modify the existing project review fee
schedule of the DRBC or that of any Signatory Party agency. Although
One Process/One Permit is expected to improve process efficiency, in
many instances as described above, the DRBC will devote significant
resources and work effort to review projects and support its regulatory
programs. Accordingly, the DRBC regulatory program will continue for
the present to be supported by its existing regulatory program fees.
The Commission's fee schedule set forth in Resolution No. 2009-2 will
remain in effect unless and until the Commission amends it through
rulemaking or a comparable public process. Under One Process/One
Permit, all DRBC fees applicable under current practices will continue
to be paid directly to the Commission.
The proposed rule provides that persons aggrieved by the final
action of a state agency on behalf of the Commission under One Process/
One Permit must exhaust their administrative remedies under the law of
the Signatory Party agency that issued the decision.
New Jersey Demonstration Program
By Resolution No. 2015-4 approved by the Commission on March 11,
2015, DRBC and NJDEP have agreed to ``practice'' using new
collaborative processes between the two agencies for the review of
wastewater discharge applications, pending the adoption of a new rule
such as the one proposed today. The agreement between DRBC and NJDEP
provides for the demonstration program and sets forth provisions needed
to fully implement One Process/One Permit once a final rule has been
adopted. In the event that a project reviewed under the New Jersey
Demonstration Program reaches the stage where it is ready for final
approval before DRBC has adopted a final rule, the application will be
acted upon by DRBC and the NJDEP independently. As explained above,
additional information about the New Jersey Demonstration Program is
available on the Commission's Web site.
Preservation of the 1954 Supreme Court Decree
In accordance with Sections 3.3(a) and 3.5 of the Compact, the
proposed rule expressly provides that it does not grant authority to
any Signatory Party agency to impair, diminish or otherwise adversely
affect the diversions, compensating releases, rights, conditions,
obligations and provisions for administration thereof provided in the
United States Supreme Court decree in New Jersey v. New York, 347 U.S.
995 (1954) (``Decree''). The rule further reiterates that any such
action may be taken only by the Commission with the unanimous consent
of the parties to the Decree or upon unanimous consent of the members
of the Commission following a declaration of a state of emergency in
accordance with Section 3.3(a) of the Compact.
No Effect on Section 401 State Water Quality Certification Programs
The proposed rule also does not affect the authority of Signatory
Party states to issue water quality certifications under Section 401 of
the Clean Water Act.
Dated: May 13, 2015.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 2015-12076 Filed 5-18-15; 8:45 am]
BILLING CODE 6360-01-P