80 FR 28567 - 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
DELAWARE RIVER BASIN COMMISSION Federal Register Volume 80, Issue 96 (May 19, 2015)
Federal Register Volume 80, Issue 96 (May 19, 2015)
| Page Range | 28567-28568 | |
| FR Document | 2015-12076 |
[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)] [Proposed Rules] [Pages 28567-28568] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12076] ======================================================================== 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. ======================================================================== 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. ----------------------------------------------------------------------- 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
![28568 Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Proposed Rules
The delegated state environmental to calculate an alternative mixing zone New Jersey Demonstration Program
agencies will be lead agencies for the for a discharge of treated industrial
review of wastewater discharges. Other wastewater to the Delaware Estuary. For By Resolution No. 2015–4 approved
regulatory programs, such as programs certain projects, DRBC staff also will by the Commission on March 11, 2015,
relating to floodplain management, continue to identify conditions of DRBC and NJDEP have agreed to
could be included in the future. All approval to ensure that projects subject ‘‘practice’’ using new collaborative
administrative agreements between to review under the Compact and processes between the two agencies for
DRBC and agencies of the Signatory implementing regulations do not impair the review of wastewater discharge
Parties for implementing One Process/ or conflict with the Commission’s applications, pending the adoption of a
One Permit will be subject to comprehensive plan. The purpose of new rule such as the one proposed
Commission approval following a One Process/One Permit is to eliminate today. The agreement between DRBC
public hearing. unnecessary effort, not to eliminate and NJDEP provides for the
effort needed to fully review a project demonstration program and sets forth
Authority
under all applicable standards and provisions needed to fully implement
Sections 1.5 and 3.9 of the Compact rules. Under the Program, each party One Process/One Permit once a final
and existing DRBC rules allow and continues to recognize the authority of
encourage the Commission to use the rule has been adopted. In the event that
the other to promulgate rules, a project reviewed under the New Jersey
agencies of the Signatory Parties regulations and standards. The rule does
wherever feasible and advantageous Demonstration Program reaches the
not change that authority.
consistent with the Compact. Notably, a separate DRBC review and stage where it is ready for final approval
Accordingly, under the proposed rule, decision for water withdrawal and before DRBC has adopted a final rule,
permits issued by Signatory Party discharge activities will still be required the application will be acted upon by
agencies may include a finding required in certain cases, such as when a new DRBC and the NJDEP independently. As
by Section 3.8 of the Compact. project must be incorporated into the explained above, additional information
Specifically, after the rule and amended Commission’s comprehensive plan. about the New Jersey Demonstration
agreements are in place, based on the Both parties also will retain the right to Program is available on the
appropriate level of review and a act separately, such as in the instances, Commission’s Web site.
recommendation by the DRBC staff, anticipated to be rare, where the parties
approvals issued under the Program cannot agree on the terms and Preservation of the 1954 Supreme Court
may include the finding that when conditions of approval. Certain Decree
operated in accordance with the terms categories of projects that are subject to In accordance with Sections 3.3(a)
and conditions of the approval, the DRBC review will not be covered by the and 3.5 of the Compact, the proposed
activities regulated by the approval will Program, and the Executive Director and
not substantially impair or conflict with rule expressly provides that it does not
Commissioners will have the ability to
DRBC’s comprehensive plan. grant authority to any Signatory Party
remove a project from the Program.
However, the objective of One Process/ agency to impair, diminish or otherwise
Operation of the Program adversely affect the diversions,
One Permit is to encompass most, if not
Under the proposed rule, an all, elements of the review and approval compensating releases, rights,
application for initial approval, renewal for covered projects. conditions, obligations and provisions
or revision of project activities subject to The proposed rule does not modify for administration thereof provided in
the One Process/One Permit program the existing project review fee schedule the United States Supreme Court decree
will be filed only with the lead agency. of the DRBC or that of any Signatory in New Jersey v. New York, 347 U.S. 995
This does not mean that the DRBC or Party agency. Although One Process/ (1954) (‘‘Decree’’). The rule further
others will not be involved in the One Permit is expected to improve reiterates that any such action may be
review of applications for new and process efficiency, in many instances as taken only by the Commission with the
renewal water withdrawal and described above, the DRBC will devote unanimous consent of the parties to the
discharge projects. Rather, DRBC and significant resources and work effort to Decree or upon unanimous consent of
the Signatory Party agency will follow a review projects and support its the members of the Commission
single process, and reviews will be regulatory programs. Accordingly, the following a declaration of a state of
performed more efficiently and more DRBC regulatory program will continue emergency in accordance with Section
collaboratively. for the present to be supported by its
Consistent with the proposed rule, the 3.3(a) of the Compact.
existing regulatory program fees. The
agreements between DRBC and Commission’s fee schedule set forth in No Effect on Section 401 State Water
Signatory Party agencies will provide Resolution No. 2009–2 will remain in Quality Certification Programs
for a level of DRBC review appropriate effect unless and until the Commission
to the circumstances. Some reviews, amends it through rulemaking or a The proposed rule also does not affect
such as those for simple and standard comparable public process. Under One the authority of Signatory Party states to
renewals of existing permits, may be Process/One Permit, all DRBC fees issue water quality certifications under
significantly streamlined or subject to applicable under current practices will Section 401 of the Clean Water Act.
inter-agency notifications only. Others, continue to be paid directly to the Dated: May 13, 2015.
including to implement standards for Commission.
rljohnson on DSK3VPTVN1PROD with PROPOSALS
Pamela M. Bush,
which the DRBC staff have special The proposed rule provides that
expertise, will involve substantial DRBC persons aggrieved by the final action of Commission Secretary.
staff effort. For example, under the a state agency on behalf of the [FR Doc. 2015–12076 Filed 5–18–15; 8:45 am]
wastewater discharge program, DRBC Commission under One Process/One BILLING CODE 6360–01–P
staff will continue to perform modeling Permit must exhaust their
to determine ‘‘No Measurable Change’’ administrative remedies under the law
requirements for the Commission’s of the Signatory Party agency that issued
Special Protection Waters program and the decision.
VerDate Sep<11>2014 13:25 May 18, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4702 Sfmt 9990 E:\FR\FM\19MYP1.SGM 19MYP1](https://thefederalregister.org/doc/80_FR_28663/page/2.svg)
Document Created: 2015-12-15 15:29:45
Document Modified: 2015-12-15 15:29:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; notice of public hearing. | |
| 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.'' | |
| 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. | |
| FR Citation | 80 FR 28567 |
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