[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Proposed Rules]
[Pages 56936-56939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23304]


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SUSQUEHANNA RIVER BASIN COMMISSION

18 CFR Part 806


Review and Approval of Projects

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice of proposed rulemaking; notice of public hearing.

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SUMMARY: This document contains proposed rules that would amend the 
regulations of the Susquehanna River Basin Commission (Commission) to 
simplify and clarify the process for transferring approvals and to add 
sections dealing with general permits and modifications to approvals. 
These rules are designed to improve the Commission's administrative 
processes and add regulatory clarity.

DATES: Comments on the proposed rulemaking may be submitted to the 
Commission on or before November 9, 2015. The Commission has scheduled 
a public hearing on the proposed rulemaking, to be held October 29, 
2015, in Grantville, Pennsylvania. The location of the public hearing 
is listed in the ADDRESSES section of this document.

ADDRESSES: Comments may be mailed to: Jason E. Oyler, Esq., General 
Counsel, Susquehanna River Basin Commission, 4423 N. Front Street, 
Harrisburg, PA 17110-1788, or by email to [email protected].
    The public hearing will be held on October 29, 2015, at 7:00 p.m., 
at the East Hanover Township Municipal Building, Main Hall, 8848 
Jonestown Road, Grantville, Pa. Those wishing to testify are asked to 
notify the Commission in advance, if possible, at the regular or 
electronic addresses given below.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Esq., General Counsel, 
telephone: 717-238-0423, ext. 1312;

[[Page 56937]]

fax: 717-238-2436; email: [email protected]. Also, for further 
information on the proposed rulemaking, visit the Commission's Web site 
at www.srbc.net.

SUPPLEMENTARY INFORMATION: The Commission is proposing to make 
regulatory changes to improve its administrative processes and add 
regulatory clarity. The major focus of these changes is to revise and 
simplify the Commission's transfer regulation, explicitly add 
provisions for the modification of a Commission approved project, and 
establish a process for the Commission to develop general permits.
    1. 18 CFR 806.6. Transfer of approvals. The Commission proposes to 
delete the current section and replace it with simplified and easier to 
understand regulatory language. This revision still allows the 
Executive Director to approve transfers of approvals. For approvals 
greater than 10 years old, the current regulation requires the project 
sponsor to submit entirely new applications in order to transfer the 
project. The Commission has received complaints that this requirement 
is onerous and has the effect of cutting short the term of the approval 
solely because ownership is changing, despite no changes to the project 
itself or the use of the water. The revised language will allow the 
transfer to occur conditioned on the submission of an updated metering 
and monitoring plan consistent with 18 CFR 806.30. For projects 
undergoing a change of ownership that have an unapproved withdrawal, 
consumptive use and/or diversion associated with them, usually referred 
to as grandfathered aspects of the project, the current requirement to 
submit applications for these grandfathered aspects contained in 18 CFR 
806.6(c) and 18 CFR 806.4(a)(1)(iv), (a)(2)(v) and (a)(3)(iv) is 
retained. However, the revised language removes the requirement that 
these applications must be made within 90 days of the date of a change 
in ownership. The Commission found that it was difficult for project 
sponsors to meet this deadline. The revised language will allow the 
Executive Director to approve the transfer with a condition requiring 
these applications to be made. This will allow the Commission to 
consider the complexity and number of grandfathered sources that will 
be subject to the application requirements and establish an appropriate 
and realistic timeframe in the condition for these applications to be 
submitted. Due to the revision of the language in 18 CFR 806.6, a 
corresponding revision was required to 18 CFR 806.4(c).
    2. 18 CFR 806.15. Notice of Application. In paragraph (a), the 
Commission proposes to amend the time for notices to be published from 
10 days to 20 days. The Commission has received feedback that the 10 
days is not always sufficient, especially when newspaper notices are 
required. Extending this time frame allows project sponsors more time 
to complete the notices without compromising the public's opportunity 
to provide comment. New paragraphs (h) and (i) were added to provide 
specific requirements for the newly proposed 18 CFR 806.17 (regarding 
general permits) and 18 CFR 806.18 (regarding minor modifications), 
respectively.
    3. New 18 CFR 806.17. General Permits. Currently, the Commission 
does not have a process to establish general permits. The Commission is 
proposing a new section that would provide the Commission the ability 
to develop, issue and administer general permits. The new regulation 
provides procedures for issuance and administration of permits, as well 
as standards for denial of coverage and when an individual approval 
would be required. In crafting this regulation, the Commission looked 
to similar regulations of its member jurisdictions for guidance. In 
addition, changes to 18 CFR 806.4 and 806.14 were necessary to 
accommodate the addition of this new section.
    4. New 18 CFR 806.18. Approval modifications. The Commission is 
proposing to add a section specific to modifications of approvals. The 
Commission currently accepts applications for modification, but does 
not have a clear process set forth in the regulations. The proposed 
section also establishes the concept of minor and major modifications. 
The process for minor modifications provides a process for minor 
changes to approval conditions that are more likely to be 
administrative in nature and have a low degree of controversy, and 
therefore can appropriately be authorized by the Executive Director. In 
addition, a change to 18 CFR 806.14 is necessary to provide specific 
application requirements for minor modifications. Minor modifications 
are specifically listed. All modifications that are not specifically 
listed as a minor modification are major modifications. As a part of 
the rulemaking, the Commission has included a non-exhaustive list of 
common major modifications to provide guidance to the public and the 
regulated community.

List of Subjects in 18 CFR Part 806

    Administrative practice and procedure, Water resources.

    Accordingly, for the reasons set forth in the preamble, the 
Susquehanna River Basin Commission proposes to amend 18 CFR part 806 as 
follows:

PART 806--REVIEW AND APPROVAL OF PROJECTS

0
1. The authority citation for Part 806 continues to read as follows:

    Authority:  Secs. 3.4, 3.5(5), 3.8, 3.10 and 15.2, Pub. L. 91-
575, 84 Stat. 1509 et seq.

0
2. Amend Sec.  806.4 by adding paragraph (a)(9) and revising paragraph 
(c) to read as follows:


Sec.  806.4  Projects requiring review and approval.

    (a) * * *
    (9) Any project subject to coverage under a general permit issued 
under Sec.  806.17.
* * * * *
    (c) Any project that did not require Commission approval prior to 
January 1, 2007, and not otherwise exempt from the requirements of 
paragraph (a)(1)(iv), (a)(2)(v), or (a)(3)(iv) pursuant to paragraph 
(b) of this section, may be undertaken by a new project sponsor upon a 
change of ownership pending action on a transfer application under 
Sec.  806.6.
0
3. Revise Sec.  806.6 to read as follows:


Sec.  806.6  Transfer of approvals.

    (a) An existing Commission approval may be transferred to a new 
project sponsor by the Executive Director provided:
    (1) The application for transfer is submitted within 90 days of a 
transfer or change in ownership of a project.
    (2) The new project sponsor operates the project subject to the 
same terms and conditions of the existing approval pending approval of 
the transfer application.
    (3) Any noncompliance by the existing project sponsor associated 
with the project or by the new project sponsor associated with other 
projects is resolved to the Commission's satisfaction.
    (4) If the existing approval is greater than 10 years old, the 
transfer shall be conditioned to require the submission of an updated 
metering and monitoring plan consistent with the requirements of Sec.  
806.30.
    (5) If the existing project has an unapproved withdrawal, 
consumptive use and/or diversion listed in paragraph (b), the transfer 
shall be conditioned to require the submission of a new

[[Page 56938]]

application for review and approval of the unapproved withdrawal, 
consumptive use and/or diversion consistent with Sec. Sec.  806.4 and 
806.14.
    (6) Any modifications proposed by the new project sponsor shall be 
subject to a separate application and review process under Sec. Sec.  
806.14. and 806.18.
    (b) Previously unapproved activities associated with a project 
subject to transfer under paragraph (a) of this section include:
    (1) The project has an associated pre-compact consumptive water use 
that has not been subject to approval or had mitigation approved by the 
Commission.
    (2) The project has an associated diversion that was initiated 
prior to January 23, 1971.
    (3) The project has an associated groundwater withdrawal that was 
initiated prior to July 13, 1978 and that has not been approved by the 
Commission.
    (4) The project has an associated surface water withdrawal that was 
initiated prior to November 11, 1995 and that has not been approved by 
the Commission.
    (5) The project has a consumptive water use approval and has an 
associated withdrawal that has not been approved by the Commission.
    (c) Upon undergoing a change of name that does not affect ownership 
or control of the project, the project sponsor must request a 
reissuance of the project's approval by the Executive Director within 
90 days from the date of the change.
0
4. Amend Sec.  806.14 by revising paragraph (a) introductory text and 
adding paragraph (d) to read as follows:


Sec.  806.14  Contents of applications.

    (a) Except with respect to applications to renew an existing 
Commission approval and Notices of Intent for approvals by rule and 
general permits, applications shall include, but not be limited to, the 
following information and, where applicable, shall be submitted on 
forms and in the manner prescribed by the Commission. Renewal 
applications shall include such information that the Commission 
determines to be necessary for the review of same, shall be subject to 
the standards set forth in Subpart C--Standards for Review and Approval 
of this part, and shall likewise be submitted on forms and in the 
manner prescribed by the Commission.
* * * * *
    (d) Applications for minor modifications must be complete and will 
be on a form and in a manner prescribed by the Commission. Applications 
for minor modifications must contain the following:
    (1) Description of the project;
    (2) Description of all sources, consumptive uses and diversions 
related to the project;
    (3) Description of the requested modification;
    (4) Statement of the need for the requested modification;
    (5) Demonstration that the anticipated impact of the requested 
modification will not adversely impact the water resources of the 
basin; and
    (6) Any other information that the Commission or Executive Director 
deems necessary.
0
5. Amend Sec.  806.15 by revising paragraph (a) and adding paragraphs 
(h) and (i) to read as follows:


Sec.  806.15  Notice of application.

    (a) Any project sponsor submitting an application to the Commission 
shall provide notice thereof to the appropriate agency of the member 
State, each municipality in which the project is located, and the 
county planning agency of each county in which the project is located. 
The project sponsor shall also publish notice of submission of the 
application at least once in a newspaper of general circulation serving 
the area in which the project is located. The project sponsor shall 
also meet any of the notice requirements set forth in paragraphs (b) 
through (f) of this section, if applicable. All notices required under 
this section shall be provided or published no later than 20 days after 
submission of the application to the Commission and shall contain a 
description of the project, its purpose, the requested quantity of 
water to be withdrawn obtained from for sources other than withdrawals 
or consumptively used, and the address, electronic mail address, and 
phone number of the project sponsor and the Commission. All such 
notices shall be in a form and manner as prescribed by the Commission.
* * * * *
    (h) For Notices of Intent (NOI) seeking coverage under a general 
permit, the project sponsor shall provide the NOI to the appropriate 
agency of the member State and each municipality and county planning 
agency in which the project is located and any additional notice 
identified in the general permit.
    (i) For applications for minor modifications, the project sponsor 
shall provide notice of the application to the appropriate agency of 
the member State and each municipality and county planning agency in 
the which the project is located.
0
6. Add Sec.  806.17 to read as follows:


Sec.  806.17  General permits.

    (a) Coverage and purpose. The Commission may issue a general 
permit, in lieu of issuing individual approvals, for a specifically 
described category of diversions, water withdrawals and consumptive 
uses that:
    (1) Involve the same or substantially similar types of operations 
or activities,
    (2) Require the same limitations or operating conditions, or both,
    (3) Require the same or similar monitoring and reporting, and
    (4) Will result in minimal adverse impacts.
    (b) Procedure for issuance. (1) At least 30 days prior to the 
issuance of a general permit, the Commission shall publish notice in 
the Federal Register and the member jurisdiction administrative 
bulletins of the intent to issue a general permit.
    (2) At least 30 days shall be provided for interested members of 
the public and Federal, State and local agencies to provide written 
comments on a proposed general permit.
    (3) The Commission or Executive Director may, in its discretion, 
hold a public hearing on a proposed general permit.
    (4) The issuance of a general permit adopted by the Commission will 
be published in the Federal Register and the member jurisdiction 
administrative bulletins. This notice shall set forth the effective 
date of the general permit.
    (c) Administration of general permits. General permits may be 
issued, amended, suspended, revoked, reissued or terminated under this 
section.
    (1) Any general permit issued under this section shall set forth 
the applicability of the permit and the conditions that apply to any 
diversion, withdrawal or consumptive use authorized by such general 
permit.
    (2) The Commission may fix a term to any general permit issued.
    (3) A project sponsor shall obtain permission to divert, withdraw 
or consumptively use water in accordance with a general permit by 
filing a Notice of Intent (NOI) with the Commission, in a form and 
manner determined by the Commission.
    (4) Approval of coverage under a general permit shall be determined 
by the Executive Director or by any other manner that the Commission 
shall establish for any general permit.
    (5) The Commission may set a fee for NOIs to any general permit.
    (6) A project sponsor shall provide notice for NOIs in accordance 
with Sec.  806.15(h) and any additional notice requirements that the 
Commission may adopt for any general permit.

[[Page 56939]]

    (7) The requirements of Sec.  806.16 apply to the review of NOIs to 
any general permit.
    (8) Upon reissuance or amendment of a general permit, all project 
sponsors permitted to divert, withdraw or consumptively use water in 
accordance with the previous general permit shall be permitted to 
continue to operate with the renewed or modified general permit unless 
otherwise notified by the Commission.
    (d) Denial of coverage. The Executive Director will deny or revoke 
coverage under a general permit when one or more of the following 
conditions exist:
    (1) The project or project sponsor does not or can no longer meet 
the criteria for coverage under a general permit.
    (2) The diversion, withdrawal or consumptive use, individually or 
in combination with other similar Commission regulated activities, is 
causing or has the potential to cause adverse impacts to water 
resources or competing water users.
    (3) The project does not meet the requirements of Sec.  806.21(a) 
or (b).
    (4) The project includes other diversions, withdrawals or 
consumptive uses that require an individual approval and the issuance 
of both an individual approval and a general permit for the project 
would constitute an undue administrative burden on the Commission.
    (5) The Executive Director determines that a project cannot be 
effectively regulated under a general permit and is more effectively 
regulated under an individual approval.
    (e) Requiring an individual approval. If coverage is denied or 
revoked under paragraph (d) of this section, the project sponsor shall 
be notified in writing. The notice will include a brief statement for 
the reasons for the decision. If coverage under a general permit was 
previously granted, the notice will also include a deadline for 
submission of an application for an individual approval. Timely 
submission of a complete application will result in continuation of 
coverage of the applicable withdrawal, consumptive use or diversion 
under the general permit, until the Commission takes final action on 
the pending individual approval application.
    (f) Action of the commission. Action by the Executive Director 
denying or revoking coverage under a general permit under paragraph (d) 
of this section, or requiring an individual approval under paragraph 
(e) of this section, is not a final action of the Commission until the 
project sponsor submits and the Commission takes final action on an 
individual approval application.
0
7. Add Sec.  806.18 to read as follows:


Sec.  806.18  Approval modifications.

    (a) General. A project sponsor shall submit an application for 
modification of a current approval prior to making a change in the 
design, operational plans, or use as presented in the application upon 
which the approval was originally issued, and that will affect the 
terms and conditions of the current approval.
    (b) Applications for modification. (1) A project sponsor may apply 
for a modification of a current approval by submitting an application 
for modification to the Commission.
    (c) Minor modifications. The following are considered minor 
modifications:
    (1) Correction of typographical errors;
    (2) Changes to monitoring or metering conditions;
    (3) Addition of sources of water for consumptive use;
    (4) Changes to the authorized water uses;
    (5) Changes to conditions setting a schedule for developing, 
implementing, and/or reporting on monitoring, data collection and 
analyses;
    (6) Changes to the design of intakes;
    (7) Increases to total system limits that were established based on 
the projected demand of the project; and
    (8) Modify approval to allow the modification of extraction well 
network used for groundwater remediation systems.
    (d) Major modifications. Major modifications are changes not 
considered to be minor modifications. Major modifications may include, 
but are not limited to:
    (1) Increases in the quantity of water withdrawals, consumptive 
uses or diversions;
    (2) Increases to peak day consumptive water use;
    (3) Increases to the instantaneous withdrawal rate or changes from 
a single withdrawal rate to a varied withdrawal rate;
    (4) Changes affecting passby flows requirements; and
    (5) Changes that have the potential for adverse impacts to water 
resources or competing water users.
    (e) Notice and approval. (1) Applications for modifications are 
subject to the notice requirements of Sec.  806.15.
    (2) The Commission or Executive Director may approve, approve with 
conditions or deny an application for minor modification, or direct 
that an application for major modification be made.
    (3) The Commission may approve, approve with conditions or deny an 
application for major modification.

    Dated: September 11, 2015.
Stephanie L. Richardson,
Secretary to the Commission.
[FR Doc. 2015-23304 Filed 9-18-15; 8:45 am]
 BILLING CODE 7040-01-P