80 FR 56936 - Review and Approval of Projects

SUSQUEHANNA RIVER BASIN COMMISSION

Federal Register Volume 80, Issue 182 (September 21, 2015)

Page Range		56936-56939
FR Document		2015-23304
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.
Federal Register, Volume 80 Issue 182 (Monday, September 21, 2015)
[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Proposed Rules]
[Pages 56936-56939]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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 regcomments@srbc.net.
    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: joyler@srbc.net. 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
56936 Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Proposed Rules

airspace, Class E surface area airspace, List of Subjects in 14 CFR Part 71 radius of McNary Field from the 164° bearing
and Class E airspace extending upward from the airport clockwise to the 315°
Airspace, Incorporation by reference, bearing, and that airspace within a 6.7-mile
from 700 feet above the surface at Navigation (air).
McNary Field, Salem, OR. A review of radius of McNary Field from the 315° bearing
The Proposed Amendment from the airport clockwise to the 074°
the airspace revealed the expanded bearing, and that airspace within a 8.2-mile
airspace is not required for standard Accordingly, pursuant to the radius of McNary Field from the 074° bearing
instrument approach procedures for IFR authority delegated to me, the Federal from the airport clockwise to the 164° bearing
operations at the airport. Class D Aviation Administration proposes to of the airport.
airspace would extend upward from the amend 14 CFR part 71 as follows: Issued in Seattle, Washington, on
surface within a 4-mile radius northeast September 11, 2015.
of McNary Field, with a segment PART 71—DESIGNATION OF CLASS A,
Johanna Forkner,
extending from the 4-mile radius to 5 B, C, D, AND E AIRSPACE AREAS; AIR
miles from the east to the northwest. Acting Manager, Operations Support Group,
TRAFFIC SERVICE ROUTES; AND Western Service Center.
Class E surface area airspace would
extend upward from the surface within REPORTING POINTS [FR Doc. 2015–23508 Filed 9–18–15; 8:45 am]
a 4-mile radius northeast of McNary BILLING CODE 4910–13–P
■ 1. The authority citation for 14 CFR
Field, with a segment extending from part 71 continues to read as follows:
the 4-mile radius of the airport to 5 Authority: 49 U.S.C. 106(f), 106(g), 40103,
miles from the east to the northwest. SUSQUEHANNA RIVER BASIN
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
Class E airspace extending upward from 1959–1963 Comp., p. 389. COMMISSION
700 feet above the surface would be
modified to within a 6.2-mile radius § 71.1 [Amended] 18 CFR Part 806
south to the northwest of McNary Field, ■ 2. The incorporation by reference in
Review and Approval of Projects
with segments extending to 6.7 miles to 14 CFR 71.1 of FAA Order 7400.9Z,
the northeast, and 8.2 miles to the Airspace Designations and Reporting AGENCY: Susquehanna River Basin
southeast of the airport. Points, dated August 6, 2015, and Commission.
Class D and Class E airspace effective September 15, 2015, is ACTION: Notice of proposed rulemaking;
designations are published in paragraph amended as follows: notice of public hearing.
5000, 6002, and 6005, respectively, of
Paragraph 5000: Class D airspace.
FAA Order 7400.9Z, dated August 6, SUMMARY: This document contains
2015 and effective September 15, 2015, * * * * * proposed rules that would amend the
which is incorporated by reference in 14 ANM OR D Salem, OR [Modified] regulations of the Susquehanna River
CFR 71.1. The Class D and Class E Salem, McNary Field, OR (lat. 44°54′34″ Basin Commission (Commission) to
airspace designations listed in this N., long. 123°00′09″ W.) simplify and clarify the process for
document will be published That airspace extending upward from the transferring approvals and to add
subsequently in the Order. surface to and including 2,700 feet MSL sections dealing with general permits
within a 4-mile radius of McNary Field from and modifications to approvals. These
Regulatory Notices and Analyses the 330° bearing from the airport clockwise rules are designed to improve the
The FAA has determined this to the 074° bearing, and that airspace within Commission’s administrative processes
proposed regulation only involves an a 5-mile radius of McNary Field from the
074° bearing from the airport clockwise to the
and add regulatory clarity.
established body of technical DATES: Comments on the proposed
330° bearing. This Class D airspace area is
regulations for which frequent and effective during the specific dates and times rulemaking may be submitted to the
routine amendments are necessary to established in advance by a Notice to Commission on or before November 9,
keep them operationally current. Airmen. The effective date and time will 2015. The Commission has scheduled a
Therefore, this proposed regulation; (1) thereafter be continuously published in the public hearing on the proposed
is not a ‘‘significant regulatory action’’ Airport/Facility Directory. rulemaking, to be held October 29, 2015,
under Executive Order 12866; (2) is not Paragraph 6002: Class E Airspace Designated in Grantville, Pennsylvania. The
a ‘‘significant rule’’ under DOT as Surface Areas. location of the public hearing is listed
Regulatory Policies and Procedures (44 in the ADDRESSES section of this
* * * * *
FR 11034; February 26, 1979); and (3) document.
does not warrant preparation of a ANM OR E2 Salem, OR [Modified]
regulatory evaluation as the anticipated Salem, McNary Field, OR (lat. 44°54′34″ ADDRESSES: Comments may be mailed
impact is so minimal. Since this is a N., long. 123°00′09″ W.) to: Jason E. Oyler, Esq., General
routine matter that will only affect air That airspace extending upward from the Counsel, Susquehanna River Basin
traffic procedures and air navigation, it surface within a 4-mile radius of McNary Commission, 4423 N. Front Street,
is certified this proposed rule, when Field from the 330° bearing from the airport Harrisburg, PA 17110–1788, or by email
clockwise to the 074° bearing, and that to regcomments@srbc.net.
promulgated, would not have a airspace within a 5-mile radius of McNary
significant economic impact on a The public hearing will be held on
Field from the 074° bearing from the airport October 29, 2015, at 7:00 p.m., at the
substantial number of small entities clockwise to the 330° bearing.
under the criteria of the Regulatory East Hanover Township Municipal
Paragraph 6005: Class E Airspace areas Building, Main Hall, 8848 Jonestown
Flexibility Act.
rmajette on DSK7SPTVN1PROD with PROPOSALS

extending upward from 700 feet or more Road, Grantville, Pa. Those wishing to
Environmental Review above the surface of the earth. testify are asked to notify the
This proposal will be subject to an * * * * * Commission in advance, if possible, at
environmental analysis in accordance ANM OR E5 Salem, OR [Modified] the regular or electronic addresses given
with FAA Order 1050.1E, below.
Salem, McNary Field, OR (lat. 44°54′34″
‘‘Environmental Impacts: Policies and N., long. 123°00′09″ W.) FOR FURTHER INFORMATION CONTACT:
Procedures’’ prior to any FAA final That airspace extending upward from 700 Jason E. Oyler, Esq., General Counsel,
regulatory action. feet above the surface within a 6.2-mile telephone: 717–238–0423, ext. 1312;

VerDate Sep<11>2014 13:56 Sep 18, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\21SEP1.SGM 21SEP1
Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Proposed Rules 56937

fax: 717–238–2436; email: joyler@ 2. 18 CFR 806.15. Notice of List of Subjects in 18 CFR Part 806
srbc.net. Also, for further information Application. In paragraph (a), the Administrative practice and
on the proposed rulemaking, visit the Commission proposes to amend the procedure, Water resources.
Commission’s Web site at www.srbc.net. time for notices to be published from 10
Accordingly, for the reasons set forth
SUPPLEMENTARY INFORMATION: The days to 20 days. The Commission has in the preamble, the Susquehanna River
Commission is proposing to make received feedback that the 10 days is not Basin Commission proposes to amend
regulatory changes to improve its always sufficient, especially when 18 CFR part 806 as follows:
administrative processes and add newspaper notices are required.
regulatory clarity. The major focus of Extending this time frame allows project PART 806—REVIEW AND APPROVAL
these changes is to revise and simplify sponsors more time to complete the OF PROJECTS
the Commission’s transfer regulation, notices without compromising the
explicitly add provisions for the public’s opportunity to provide ■ 1. The authority citation for Part 806
comment. New paragraphs (h) and (i) continues to read as follows:
modification of a Commission approved
project, and establish a process for the were added to provide specific Authority: Secs. 3.4, 3.5(5), 3.8, 3.10 and
Commission to develop general permits. requirements for the newly proposed 18 15.2, Pub. L. 91–575, 84 Stat. 1509 et seq.
CFR 806.17 (regarding general permits) ■ 2. Amend § 806.4 by adding paragraph
1. 18 CFR 806.6. Transfer of
and 18 CFR 806.18 (regarding minor (a)(9) and revising paragraph (c) to read
approvals. The Commission proposes to
modifications), respectively. as follows:
delete the current section and replace it
with simplified and easier to 3. New 18 CFR 806.17. General § 806.4 Projects requiring review and
understand regulatory language. This Permits. Currently, the Commission approval.
revision still allows the Executive does not have a process to establish (a) * * *
Director to approve transfers of general permits. The Commission is (9) Any project subject to coverage
approvals. For approvals greater than 10 proposing a new section that would under a general permit issued under
years old, the current regulation provide the Commission the ability to § 806.17.
requires the project sponsor to submit develop, issue and administer general * * * * *
entirely new applications in order to permits. The new regulation provides (c) Any project that did not require
transfer the project. The Commission procedures for issuance and Commission approval prior to January 1,
has received complaints that this administration of permits, as well as 2007, and not otherwise exempt from
requirement is onerous and has the standards for denial of coverage and the requirements of paragraph (a)(1)(iv),
effect of cutting short the term of the when an individual approval would be (a)(2)(v), or (a)(3)(iv) pursuant to
approval solely because ownership is required. In crafting this regulation, the paragraph (b) of this section, may be
changing, despite no changes to the Commission looked to similar undertaken by a new project sponsor
project itself or the use of the water. The regulations of its member jurisdictions upon a change of ownership pending
revised language will allow the transfer for guidance. In addition, changes to 18 action on a transfer application under
to occur conditioned on the submission CFR 806.4 and 806.14 were necessary to § 806.6.
of an updated metering and monitoring accommodate the addition of this new ■ 3. Revise § 806.6 to read as follows:
plan consistent with 18 CFR 806.30. For section.
projects undergoing a change of § 806.6 Transfer of approvals.
4. New 18 CFR 806.18. Approval
ownership that have an unapproved modifications. The Commission is (a) An existing Commission approval
withdrawal, consumptive use and/or may be transferred to a new project
proposing to add a section specific to
diversion associated with them, usually sponsor by the Executive Director
modifications of approvals. The
referred to as grandfathered aspects of provided:
Commission currently accepts
the project, the current requirement to (1) The application for transfer is
applications for modification, but does
submit applications for these submitted within 90 days of a transfer
not have a clear process set forth in the
grandfathered aspects contained in 18 or change in ownership of a project.
CFR 806.6(c) and 18 CFR 806.4(a)(1)(iv), regulations. The proposed section also (2) The new project sponsor operates
(a)(2)(v) and (a)(3)(iv) is retained. establishes the concept of minor and the project subject to the same terms
However, the revised language removes major modifications. The process for and conditions of the existing approval
the requirement that these applications minor modifications provides a process pending approval of the transfer
must be made within 90 days of the date for minor changes to approval application.
of a change in ownership. The conditions that are more likely to be (3) Any noncompliance by the
Commission found that it was difficult administrative in nature and have a low existing project sponsor associated with
for project sponsors to meet this degree of controversy, and therefore can the project or by the new project
deadline. The revised language will appropriately be authorized by the sponsor associated with other projects is
allow the Executive Director to approve Executive Director. In addition, a resolved to the Commission’s
the transfer with a condition requiring change to 18 CFR 806.14 is necessary to satisfaction.
these applications to be made. This will provide specific application (4) If the existing approval is greater
allow the Commission to consider the requirements for minor modifications. than 10 years old, the transfer shall be
complexity and number of Minor modifications are specifically conditioned to require the submission of
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grandfathered sources that will be listed. All modifications that are not an updated metering and monitoring
subject to the application requirements specifically listed as a minor plan consistent with the requirements of
and establish an appropriate and modification are major modifications. § 806.30.
realistic timeframe in the condition for As a part of the rulemaking, the (5) If the existing project has an
these applications to be submitted. Due Commission has included a non- unapproved withdrawal, consumptive
to the revision of the language in 18 CFR exhaustive list of common major use and/or diversion listed in paragraph
806.6, a corresponding revision was modifications to provide guidance to the (b), the transfer shall be conditioned to
required to 18 CFR 806.4(c). public and the regulated community. require the submission of a new

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56938 Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Proposed Rules

application for review and approval of Applications for minor modifications § 806.17 General permits.
the unapproved withdrawal, must contain the following: (a) Coverage and purpose. The
consumptive use and/or diversion (1) Description of the project; Commission may issue a general permit,
consistent with §§ 806.4 and 806.14. (2) Description of all sources, in lieu of issuing individual approvals,
(6) Any modifications proposed by consumptive uses and diversions for a specifically described category of
the new project sponsor shall be subject related to the project; diversions, water withdrawals and
to a separate application and review (3) Description of the requested consumptive uses that:
process under §§ 806.14. and 806.18. modification; (1) Involve the same or substantially
(b) Previously unapproved activities (4) Statement of the need for the similar types of operations or activities,
associated with a project subject to requested modification; (2) Require the same limitations or
transfer under paragraph (a) of this (5) Demonstration that the anticipated operating conditions, or both,
section include: impact of the requested modification (3) Require the same or similar
(1) The project has an associated pre- will not adversely impact the water monitoring and reporting, and
compact consumptive water use that has resources of the basin; and (4) Will result in minimal adverse
not been subject to approval or had (6) Any other information that the impacts.
mitigation approved by the Commission or Executive Director (b) Procedure for issuance. (1) At least
Commission. deems necessary. 30 days prior to the issuance of a
(2) The project has an associated
■ 5. Amend § 806.15 by revising general permit, the Commission shall
diversion that was initiated prior to
paragraph (a) and adding paragraphs (h) publish notice in the Federal Register
January 23, 1971.
and (i) to read as follows: and the member jurisdiction
(3) The project has an associated
administrative bulletins of the intent to
groundwater withdrawal that was § 806.15 Notice of application.
issue a general permit.
initiated prior to July 13, 1978 and that (a) Any project sponsor submitting an
has not been approved by the (2) At least 30 days shall be provided
application to the Commission shall for interested members of the public and
Commission. provide notice thereof to the appropriate
(4) The project has an associated Federal, State and local agencies to
agency of the member State, each provide written comments on a
surface water withdrawal that was municipality in which the project is
initiated prior to November 11, 1995 proposed general permit.
located, and the county planning agency (3) The Commission or Executive
and that has not been approved by the of each county in which the project is
Commission. Director may, in its discretion, hold a
located. The project sponsor shall also public hearing on a proposed general
(5) The project has a consumptive
publish notice of submission of the permit.
water use approval and has an
application at least once in a newspaper (4) The issuance of a general permit
associated withdrawal that has not been
of general circulation serving the area in adopted by the Commission will be
approved by the Commission.
(c) Upon undergoing a change of which the project is located. The project published in the Federal Register and
name that does not affect ownership or sponsor shall also meet any of the notice the member jurisdiction administrative
control of the project, the project requirements set forth in paragraphs (b) bulletins. This notice shall set forth the
sponsor must request a reissuance of the through (f) of this section, if applicable. effective date of the general permit.
project’s approval by the Executive All notices required under this section (c) Administration of general permits.
Director within 90 days from the date of shall be provided or published no later General permits may be issued,
the change. than 20 days after submission of the amended, suspended, revoked, reissued
■ 4. Amend § 806.14 by revising
application to the Commission and shall or terminated under this section.
paragraph (a) introductory text and contain a description of the project, its (1) Any general permit issued under
adding paragraph (d) to read as follows: purpose, the requested quantity of water this section shall set forth the
to be withdrawn obtained from for applicability of the permit and the
§ 806.14 Contents of applications. sources other than withdrawals or conditions that apply to any diversion,
(a) Except with respect to applications consumptively used, and the address, withdrawal or consumptive use
to renew an existing Commission electronic mail address, and phone authorized by such general permit.
approval and Notices of Intent for number of the project sponsor and the (2) The Commission may fix a term to
approvals by rule and general permits, Commission. All such notices shall be any general permit issued.
applications shall include, but not be in a form and manner as prescribed by (3) A project sponsor shall obtain
limited to, the following information the Commission. permission to divert, withdraw or
and, where applicable, shall be * * * * * consumptively use water in accordance
submitted on forms and in the manner (h) For Notices of Intent (NOI) seeking with a general permit by filing a Notice
prescribed by the Commission. Renewal coverage under a general permit, the of Intent (NOI) with the Commission, in
applications shall include such project sponsor shall provide the NOI to a form and manner determined by the
information that the Commission the appropriate agency of the member Commission.
determines to be necessary for the State and each municipality and county (4) Approval of coverage under a
review of same, shall be subject to the planning agency in which the project is general permit shall be determined by
standards set forth in Subpart C— located and any additional notice the Executive Director or by any other
Standards for Review and Approval of identified in the general permit. manner that the Commission shall
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this part, and shall likewise be (i) For applications for minor establish for any general permit.
submitted on forms and in the manner modifications, the project sponsor shall (5) The Commission may set a fee for
prescribed by the Commission. provide notice of the application to the NOIs to any general permit.
* * * * * appropriate agency of the member State (6) A project sponsor shall provide
(d) Applications for minor and each municipality and county notice for NOIs in accordance with
modifications must be complete and planning agency in the which the § 806.15(h) and any additional notice
will be on a form and in a manner project is located. requirements that the Commission may
prescribed by the Commission. ■ 6. Add § 806.17 to read as follows: adopt for any general permit.

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Document Created: 2015-12-15 09:39:20
Document Modified: 2015-12-15 09:39:20
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		Notice of proposed rulemaking; notice of public hearing.
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
Contact		Jason E. Oyler, Esq., General Counsel, telephone: 717-238-0423, ext. 1312; 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.
FR Citation		80 FR 56936
CFR Associated		Administrative Practice and Procedure and Water Resources