[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Rules and Regulations]
[Pages 16546-16547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05871]


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SUSQUEHANNA RIVER BASIN COMMISSION

18 CFR Parts 806


Review and Approval of Projects

AGENCY: Susquehanna River Basin Commission.

ACTION: Final rule.

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SUMMARY: This document contains rules that amend the regulations of the 
Susquehanna River Basin Commission (Commission) dealing with the 
mitigation of consumptive uses.

DATES: This rule is effective on April 1, 2020.

ADDRESSES: Susquehanna River Basin Commission, 4423 N. Front Street, 
Harrisburg, PA 17110-1788.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Esq., General Counsel 
and Secretary, telephone: 717-238-0423, ext. 1312; fax: 717-238-2436; 
email: [email protected]. Also, for further information, including the 
comment response document, visit the Commission's website at http://www.srbc.net.

SUPPLEMENTARY INFORMATION: Notice of proposed rulemaking was published 
in the Federal Register on September 13, 2019; New York Register on 
October 2, 2019; Pennsylvania Bulletin on September 21, 2019; and 
Maryland Register on October 11, 2019. The Commission convened a public 
hearing on October 31, 2019 in Harrisburg, Pennsylvania. A written 
comment period was held open through November 12, 2019. Concurrent with 
the proposed rule, the Commission also released a draft Consumptive Use 
Mitigation Policy for public review and comment.
    The Commission received four comments on the proposed rule and 
policy. Two of the comments were fully supportive of the rule and 
policy and offered no suggested changes. The additional two comments 
were supportive but offered a few suggestions for revisions to the rule 
and/or the policy.
    One commenter sought clarification of the term ``present'' low flow 
conditions in Sec.  806.22(b)(1)(i) and offered alternative phrasing. 
The Commission believes the phrasing of the rule is not ambiguous and 
provided clarification in the comment response document. Two commenters 
asked for the Commission to further amend Sec.  806.22(b)(1)(iii) 
related to discontinuance. One commenter wanted discontinuance to be 
limited to a 45 day period. This would be a new requirement and a 
change to the current practice that requires discontinuance to endure 
for the entire Commission declared low flow period, and the Commission 
declines to make this change. Another commenter suggested that 20,000 
gallon per day threshold for discontinuance be on an average 30 day 
basis instead of a peak day basis established in the rulemaking. The 
Commission was purposeful in the discontinuance revision to be based on 
a peak day rate. The use of a 30-day average rate would be 
inappropriate given it would allow an exceedance of the Commission's 
regulatory threshold that could introduce impacts during Commission-
designated low flow periods, which do not have a set minimum or maximum 
duration.
    Accordingly, after thorough review and analysis of the comments, 
the Commission has not made any changes to the rulemaking as proposed. 
To the degree the comments seek clarification of the rules or 
explanation how they will be implemented, the Commission believes that 
can be addressed through explanation or clarifications in fact sheets, 
application instructions and other implementation documents. A more 
detailed comment response document has been prepared and is available 
upon request and also at the Commission's website listed above.

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 amends 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.  806.22 by revising paragraphs (b)(1) and (e)(1) to read 
as follows:


Sec.  806.22  Standards for consumptive use of water.

* * * * *
    (b) * * *
    (1) During low flow periods as may be designated by the Commission 
for consumptive use mitigation.
    (i) Reduce withdrawal from the approved source(s), in an amount 
equal to the project's consumptive use, and withdraw water from 
alternative surface water storage or aquifers or other underground 
storage chambers or facilities approved by the Commission, from which 
water can be withdrawn for a period of 45 continuous days such that 
impacts to nearby surface waters will not likely be at a magnitude or 
in a timeframe that would exacerbate present low flow conditions.
    (ii) Release water for flow augmentation, in an amount equal to the 
project's consumptive use, from surface water storage or aquifers, or 
other underground storage chambers or facilities approved by the 
Commission, from which water can be withdrawn for a period of 45 
continuous days such that impacts to nearby surface waters will not 
likely be at a magnitude or in a

[[Page 16547]]

timeframe that would exacerbate present low flow conditions.
    (iii) Discontinue the project's consumptive use, which may include 
reduction of the project sponsor's consumptive use to less than 20,000 
gpd during periods of low flow. In any case of failure to provide the 
specified discontinuance, such project shall provide mitigation in 
accordance with paragraph (b)(3) of this section, for the calendar year 
in which such failure occurs, after which the Commission will 
reevaluate the continued acceptability of the discontinuance.
* * * * *
    (e) * * *
    (1) General rule. Except with respect to projects involving 
hydrocarbon development subject to the provisions of paragraph (f) of 
this section, any project that is solely supplied water for consumptive 
use by public water supply, stormwater, wastewater, or other reused or 
recycled water, or any combination thereof, may be approved by the 
Executive Director under this paragraph (e) in accordance with the 
following, unless the Executive Director determines that the project 
cannot be adequately regulated under this approval by rule.
* * * * *

    Dated: March 16, 2020.
Jason E. Oyler,
General Counsel and Secretary to the Commission.
[FR Doc. 2020-05871 Filed 3-23-20; 8:45 am]
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