Rule2021-20594
Review and Approval of Projects
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 24, 2021
Effective
October 1, 2021
Issuing agencies
Susquehanna River Basin Commission
Abstract
This document contains rules that amend the regulations of the Susquehanna River Basin Commission (Commission) to update the requirements and standards for review of projects, amend the rules dealing with groundwater withdrawals, and revise the regulatory triggers related to grandfathered sources.
Full Text
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<title>Federal Register, Volume 86 Issue 183 (Friday, September 24, 2021)</title>
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[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Rules and Regulations]
[Pages 52965-52970]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20594]
[[Page 52965]]
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SUSQUEHANNA RIVER BASIN COMMISSION
18 CFR Part 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) to update the
requirements and standards for review of projects, amend the rules
dealing with groundwater withdrawals, and revise the regulatory
triggers related to grandfathered sources.
DATES: This rule is effective on October 1, 2021.
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: <a href="/cdn-cgi/l/email-protection#6c06031500091e2c1f1e0e0f42020918"><span class="__cf_email__" data-cfemail="86ece9ffeae3f4c6f5f4e4e5a8e8e3f2">[email protected]</span></a>. Also, for further information, including a
comment and response document, visit the Commission's website at <a href="http://www.srbc.net">http://www.srbc.net</a>.
SUPPLEMENTARY INFORMATION: Notice of proposed rulemaking was published
in the Federal Register on March 26, 2021; New York Register on April
14, 2021; Pennsylvania Bulletin on April 10, 2021; and Maryland
Register on April 9, 2021. The Commission held two informational
webinars explaining the proposed rulemaking on April 6 and April 14,
2021. The Commission convened a public hearing held by telephone on May
6, 2021. A written comment period was held open through May 17, 2021.
Concurrent with the proposed rule, the Commission also released three
draft groundwater related policies for public review and comment.
Three comments were received during the comment period. One
commenter appreciated the Commission's proposal to eliminate some of
the triggers for the loss of grandfathering under Sec. 806.4(a)(2).
The commenter offered amended language for Sec. 806.4(a)(2)(ii) and
(iii) for the Commission's consideration that would change the
Commission's intent and would limit any review of a grandfathered
source increasing its quantity to only the increased withdrawal amount
and not to the entire withdrawal. This would be a substantial change of
the Commission's current practice for the loss of grandfathering
triggered by an increase in quantity from a grandfathered source. The
Commission declines to make this change. The preamble to the proposed
rule makes the Commission's intent for the regulations clear, and the
regulations reflect that intent. This rulemaking is intended to change
the Commission's overall policy regarding the number and scope of the
triggers for losing grandfathering; however, it is not intended to
provide a permanent exemption from eventual regulation of grandfathered
sources or withdrawal quantities.
A second commenter commended the Commission for acting upon the
need for regulatory clarification, simplification, and recalibration of
project review based on the scale and quantity (potential impact) of
the project. The commenter specifically appreciated the proposed
changes regarding the consideration of small and medium capacity
sources; the elimination of potential triggers for loss of
grandfathered source status; the addition of the Alternative
Hydrogeologic Evaluation (AHE) process; and the further development of
the minor modification process. In addition, the commenter suggested
that the Commission create a redefined docket appeal process under 18
CFR 808.2 and 808.3. This final aspect of the comment is outside the
scope of the proposed rulemaking that was noticed and subjected to
public comment. Therefore, the Commission cannot make any changes to
these sections as a part of the final rule.
A third commenter expressed concerns about the addition of Sec.
806.4(a)(3)(viii) and (ix) that would allow the diversion of drinking
water or wastewater into or out of the basin without Commission
approval for municipalities on the basin divide if the diversion occurs
by or through a publicly or privately owned public water supplier or
wastewater treatment works. The commenter opined that this change is
not justified or supported by sufficient rationale. The Commission
disagrees and declines to make the change requested. The regulation of
into-basin diversions is focused on water quality coming into the Basin
and the protection of the Basin's water resources. Drinking water
quality and wastewater quality are regulated solely by partner agencies
and the Commission does not have water quality standards, in an effort
to not duplicate partner agency regulatory authorities. The final
regulation simply exempts, from Commission review, the movement across
Basin boundaries of treated public water or wastewater that has been
managed for water quality concerns by partner agencies. The final
regulation does not pose any new threats or exacerbate existing threats
to the quality of the Basin's water resources. Withdrawals that supply
out-of-basin diversions by communities straddling the Basin divide will
still be subject to the Commission's review and application of its
standards. Those standards, as for all withdrawals, are at 18 CFR
806.23 and are equivalent to, if not broader, than those in Sec.
806.24. Thus, the concerns raised in the comment are addressed by the
Commission's review standards to the withdrawal that supports the
diversion.
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. In Sec. 806.3:
0
a. Add in alphabetical order a definition for ``Captured stormwater'';
0
b. Remove the definition of ``Hydrocarbon water storage facility''; and
0
c. Add in alphabetical order definitions for ``Medium capacity source''
and ``Small capacity source''.
The additions read as follows:
Sec. 806.3 Definitions.
* * * * *
Captured stormwater. Precipitation or stormwater collected on the
drilling pad site, including well cellar water, waters from secondary
containment, and water collected from post construction stormwater
management features.
* * * * *
Medium capacity source. A ground or surface water source with a
withdrawal of more than 20,000 but less than 100,000 gallons per day
over a consecutive 30 day-average.
* * * * *
Small capacity source. A ground or surface water source with a
withdrawal of 20,000 gallons or less per day over a consecutive 30-day
average.
* * * * *
0
3. Revise Sec. 806.4 to read as follows:
Sec. 806.4 Projects requiring review and approval.
(a) Except for activities relating to site evaluation, to aquifer
testing under
[[Page 52966]]
Sec. 806.12 or to those activities authorized under Sec. 806.34, no
person shall undertake any of the following projects without prior
review and approval by the Commission. The project sponsor shall submit
an application in accordance with subpart B of this part and shall be
subject to the applicable standards in subpart C of this part.
(1) Consumptive use of water. Any consumptive use project described
in this paragraph (a)(1) shall require an application to be submitted
in accordance with Sec. 806.13, and shall be subject to the standards
set forth in Sec. 806.22, and, to the extent that it involves a
withdrawal from groundwater or surface water except a small capacity
source, shall also be subject to the standards set forth in Sec.
806.23 as the Commission deems necessary. Except to the extent that
they involve the diversion of the waters of the basin, public water
supplies shall be exempt from the requirements of this section
regarding consumptive use; provided, however, that nothing in this
section shall be construed to exempt individual consumptive users
connected to any such public water supply from the requirements of this
section. Provided the commission determines that low flow augmentation
projects sponsored by the commission's member states provide sufficient
mitigation for agricultural water use to meet the standards set forth
in Sec. 806.22, and except as otherwise provided in this paragraph
(a)(1), agricultural water use projects shall not be subject to the
requirements of this paragraph (a)(1). Notwithstanding the foregoing,
an agricultural water use project involving a diversion of the waters
of the basin shall be subject to such requirements unless the property,
or contiguous parcels of property, upon which the agricultural water
use project occurs is located at least partially within the basin.
(i) Any project initiated on or after January 23, 1971, involving a
consumptive water use of an average of 20,000 gallons per day (gpd) or
more in any consecutive 30-day period.
(ii) With respect to projects previously approved by the Commission
for consumptive use, any project that will involve an increase in a
consumptive use above that amount which was previously approved.
(iii) With respect to projects with pre-compact consumptive use:
(A) Registered in accordance with subpart E of this part that
increases its consumptive use by any amount over the quantity
determined under Sec. 806.44;
(B) Increasing its consumptive use to an average of 20,000 gpd or
more in any consecutive 30-day period; or
(C) That failed to register its consumptive use in accordance with
subpart E of this part.
(iv) Any project, regardless of when initiated, involving a
consumptive use of an average of 20,000 gpd or more in any consecutive
30-day period, and undergoing a change of ownership, unless such
project satisfies the requirements of paragraph (b) of this section or
the existing Commission approval for such project is transferred
pursuant to Sec. 806.6.
(2) Withdrawals. Any project, including all of its sources,
described in this paragraph (a)(2) shall require an application to be
submitted in accordance with Sec. 806.13, and shall be subject to the
standards set forth in Sec. Sec. 806.21 and 806.23. Hydroelectric
projects, except to the extent that such projects involve a withdrawal,
shall be exempt from the requirements of this section regarding
withdrawals; provided, however, that nothing in this paragraph (a)(2)
shall be construed as exempting hydroelectric projects from review and
approval under any other category of project requiring review and
approval as set forth in this section, Sec. 806.5, or 18 CFR part 801.
(i) Any project initiated on or after July 13, 1978 for groundwater
or November 11, 1995 for surface water withdrawing a consecutive 30-day
average of 100,000 gpd or more from a groundwater or surface water
source, or any project initiated after January 1, 2007 withdrawing a
consecutive 30-day average of 100,000 gpd or more from a combination of
sources.
(ii) Any new source added to projects with previously approved
withdrawals by the Commission.
(iii) Any withdrawal increased above that amount which was
previously approved by the Commission.
(iv) With respect to projects with grandfathered withdrawals:
(A) Registered in accordance with subpart E of this part that
increases its withdrawal by any amount over the quantity determined
under Sec. 806.44;
(B) Increasing its withdrawal individually or in combination from
all sources to an average of 100,000 gpd or more in any consecutive 30-
day period; or
(C) That failed to register its withdrawals in accordance with
subpart E of this part.
(v) Any project, regardless of when initiated, involving a
withdrawal of a consecutive 30-day average of 100,000 gpd or more, from
either groundwater or surface water sources, or in combination from
both, and undergoing a change of ownership, unless such project
satisfies the requirements of paragraph (b) of this section or the
existing Commission approval for such project is transferred pursuant
to Sec. 806.6.
(3) Diversions. Except with respect to agricultural water use
projects not subject to the requirements of paragraph (a)(1) of this
section, the projects described in paragraphs (a)(3)(i) through (iv) of
this section shall require an application to be submitted in accordance
with Sec. 806.13, and shall be subject to the standards set forth in
Sec. 806.24. The project sponsors of out-of-basin diversions shall
also comply with all applicable requirements of this part relating to
consumptive uses and withdrawals. The projects identified in paragraphs
(a)(3)(v) and (vi) of this section shall be subject to regulation
pursuant to Sec. 806.22(f).
(i) Any project initiated on or after January 23, 1971, involving
the diversion of water into the basin by any amount, or involving a
diversion of water out of the basin of an average of 20,000 gallons of
water per day or more in any consecutive 30-day period.
(ii) With respect to diversions previously approved by the
Commission, any project that will increase a diversion above the amount
previously approved.
(iii) With respect to diversions initiated prior to January 23,
1971, any project that will increase a diversion into the basin by any
amount, or increase the diversion of water out of the basin by any
amount.
(iv) Any project, regardless of when initiated, involving the
diversion of water into the basin by any amount or involving a
diversion of water out of the basin by an average of 20,000 gallons of
water per day or more in any consecutive 30-day period, and undergoing
a change of ownership, unless such project satisfies the requirements
of paragraph (b) of this section or the Commission approval for such
project is transferred pursuant to Sec. 806.6.
(v) The interbasin diversion of any flowback or production fluids,
tophole water and captured stormwater from hydrocarbon development
projects from one drilling pad site to another drilling pad site for
use in hydrofracture stimulation, provided it is handled, transported
and stored in compliance with all standards and requirements of the
applicable member jurisdiction, shall not be subject to separate review
and approval as a diversion under this paragraph if the generating or
receiving pad site is subject to an Approval by Rule issued pursuant to
Sec. 806.22(f) and
[[Page 52967]]
provided all monitoring and reporting requirements applicable to such
approval are met.
(vi) The diversion of flowback or production fluids, tophole water
and captured stormwater from a hydrocarbon development project for
which an Approval by Rule has been issued pursuant to Sec. 806.22(f),
to an out-of-basin treatment or disposal facility authorized under
separate governmental approval to accept flowback or production fluids,
shall not be subject to separate review and approval as a diversion
under this paragraph, provided all monitoring and reporting
requirements applicable to the Approval by Rule are met and it is
handled, transported and stored in compliance with all standards and
requirements of the applicable member jurisdiction.
(vii) The diversion of any flowback or production fluids, tophole
water and captured stormwater from hydrocarbon development projects
located outside the basin to an in-basin treatment or disposal facility
authorized under separate government approval to accept flowback or
production fluids, shall not be subject to separate review and approval
as a diversion under this paragraph (a)(3), provided the fluids are
handled, transported and stored in compliance with all standards and
requirements of the applicable member jurisdiction.
(viii) The diversion of drinking water and/or municipal wastewater
out of the basin to a municipality on or straddling the basin divide if
provided by or through a publicly or privately owned entity and
regulated by the appropriate agency of the member jurisdiction shall
not be subject to review and approval as a diversion under this
paragraph (a)(3) of this section or as a consumptive use under
paragraph (a)(1) of this section.
(ix) The diversion of drinking water and/or municipal wastewater
into the basin to a municipality if provided by or through a publicly
or privately owned entity and regulated by the appropriate agency of
the member jurisdiction shall not be subject to review and approval as
a diversion under this paragraph (a)(3).
(4) Crossing state boundaries. Any project on or crossing the
boundary between two member states.
(5) Significant effect. Any project in a member state having a
significant effect on water resources in another member state.
(6) Comprehensive plan. Any project which has been or is required
to be included by the Commission in its comprehensive plan, or will
have a significant effect upon the comprehensive plan.
(7) Determination. Any other project so determined by the
commissioners or Executive Director pursuant to Sec. 806.5 or 18 CFR
part 801. Such project sponsors shall be notified in writing by the
Executive Director.
(8) Natural gas. Any unconventional natural gas development project
in the basin involving a withdrawal, diversion or consumptive use,
regardless of the quantity.
(9) General permit. Any project subject to coverage under a general
permit issued under Sec. 806.17.
(b) Any project that did not require Commission approval prior to
January 1, 2007, and undergoing a change of ownership, shall be exempt
from the requirements of paragraph (a)(1)(iv), (a)(2)(v), or (a)(3)(iv)
of this section if it is a:
(1) Transfer of a project to the transferor's spouse or one or more
lineal descendents, or any spouse of such lineal descendents, or to a
corporation owned or controlled by the transferor, or the transferor's
spouse or lineal descendents, or any spouse of such lineal descendents,
for so long as the combined ownership interest of the transferor, the
transferor's spouse and/or the transferor's lineal descendent(s) and
their spouses, continues to be 51 percent or greater; or
(2) Transfer of land used primarily for the raising of food, fiber
or forage crops, trees, flowers, shrubs, turf products, livestock, or
poultry, or for aquaculture, to the extent that, and for so long as,
the project's water use continues to be for such agricultural water use
purposes.
0
4. Amend Sec. 806.6 by revising paragraphs (a)(5) and (b) and by
adding paragraph (d) to read as follows:
Sec. 806.6 Transfer of approvals.
(a) * * *
(5) If the existing project has an unapproved withdrawal,
consumptive use and/or diversion listed in paragraph (b) of this
section, the transfer shall be conditioned to require the submission of
a new application for review and approval of the unapproved withdrawal,
consumptive use and/or diversion consistent with Sec. Sec. 806.4 and
806.14 and paragraph (d) of this section.
* * * * *
(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 had mitigation approved by the Commission.
(2) The project has an associated diversion that was initiated
prior to January 23, 1971.
(3) Projects registered under subpart E of this part.
* * * * *
(d) Any unapproved activities associated with a transferred project
shall be subject to the following:
(1) The transfer approval shall be conditioned to include
monitoring requirements under Sec. 806.30 for all previously
unapproved sources and activities.
(2) The transfer approval may include any other conditions
consistent with this part deemed necessary by the Executive Director.
(3) The approved transfer will act as the unapproved activity's
temporary approval for a period of five years, at which point, the
project sponsor shall submit an application for review and approval
consistent with subpart B of this part.
(4) The Executive Director may require hydrogeologic evaluation
under Sec. 806.12 and/or formal review and approval of any of the
previously unapproved sources sooner if those sources show a
substantial likelihood of environmental harm, interference with other
water users or water availability issues.
0
5. Revise Sec. 806.12 to read as follows:
Sec. 806.12 Hydrogeologic evaluation.
Evaluation of groundwater withdrawal projects requires a
hydrogeologic evaluation, which may be an aquifer test in accordance
with an approved plan or an alternative hydrogeologic evaluation in
conformance with this section.
(a) Prior to submission of an application pursuant to Sec. 806.13,
a project sponsor seeking approval for a new groundwater withdrawal, a
renewal of an expiring groundwater withdrawal, or an increase of a
groundwater withdrawal shall perform an aquifer test.
(b) Unless an alternative hydrogeologic evaluation method is
approved, the project sponsor shall prepare an aquifer test plan for
prior review and approval by Commission staff before testing is
undertaken. Such plan shall include a groundwater availability analysis
to determine the availability of water during a 1-in-10-year recurrence
interval.
(c) Unless otherwise specified, approval of a test plan is valid
for two years from the date of approval.
(d) Approval of a test plan shall not be construed to limit the
authority of the Commission to require additional testing or
monitoring.
(e) The project sponsor may be required, at its expense, to provide
[[Page 52968]]
temporary water supply if an aquifer test results in interference with
an existing water use.
(f) Review of submittals under this section may be terminated by
the Commission in accordance with the procedures set forth in Sec.
806.16.
(g) This section does not apply to withdrawals related to mine
dewatering, water resources remediation or AMD facilities, provided the
activity is governed by another regulatory agency.
(h) Sources undergoing renewal that can provide an interpretative
hydrogeologic report that documents the results of a Commission
approved aquifer test or documentation of an approved prior waiver by
the Commission may meet the requirements of this section for that
previously approved groundwater source.
(i) In lieu of completing a Commission-approved aquifer test, the
project sponsor may submit an Alternative Hydrogeologic Evaluation
(AHE) that provides supporting information equivalent to that which
would be obtained from completing an approved aquifer test under
paragraph (a) of this section. This supporting information includes,
but is not limited to, prior aquifer testing data, the withdrawal
setting and location, existing site specific operational data, and
prior Commission approved waivers of aquifer testing requirements.
Commission staff may approve an AHE for a project or require completion
of a Commission approved aquifer test in accordance with paragraph (a)
of this section.
(j) This section does not apply to withdrawals from a small
capacity source, unless otherwise determined by the Executive Director.
0
6. Amend Sec. 806.14 by:
0
a. Revising paragraphs (a)(2) and (3), (b)(1) and (2), and (c)(2), (3),
and (5);
0
b. Adding paragraphs (c)(10) and (11); and
0
c. Revising paragraph (d).
The revisions and additions read as follows:
Sec. 806.14 Contents of application.
(a) * * *
(2) Project location, including latitude and longitude coordinates
in decimal degrees accurate to within 10 meters, the project location
displayed on a map, and evidence of legal access to the property upon
which the project is proposed.
(3) Project description, including: purpose, proposed quantity to
be withdrawn or consumed, if applicable, and description of all
sources, consumptive uses and diversions related to the project.
* * * * *
(b) * * *
(1) Surface water. (i) Water use and availability.
(ii) Project setting, including surface water characteristics,
identification of wetlands, and site development considerations.
(iii) Description and design of intake structure.
(iv) Anticipated impact of the proposed project on local flood
risk, recreational uses, fish and wildlife and natural environment
features.
(v) For new projects and major modifications to increase a
withdrawal, alternatives analysis for a withdrawal proposed in settings
with a drainage area of 50 miles square or less, or in a water with
exceptional water quality, or as required by the Commission.
(2) Groundwater. (i) With the exception other projects which are
addressed in paragraph (b)(6) of this section, the project sponsor
shall demonstrate that requirements of Sec. 806.12 have been met by
providing one of the following:
(A) An interpretive report that includes the results of a
Commission approved aquifer test and an updated groundwater
availability estimate if changed from the aquifer test plan,
(B) An approved AHE,
(C) A prior determination by the Commission staff under Sec.
806.12(h) that the intent and requirements of Sec. 806.12 have been
met along with an updated groundwater availability estimate.
(ii) Water use and availability.
(iii) Project setting, including nearby surface water features.
(iv) Groundwater elevation monitoring plan for all production
wells.
(v) Alternatives analysis as required by the Commission.
* * * * *
(c) * * *
(2) Project location, including latitude and longitude coordinates
in decimal degrees accurate to within 10 meters, the project location
displayed on map, and evidence of legal access to the property upon
which the project is located.
(3) Project description, to include, but not be limited to:
Purpose, proposed quantity to be withdrawn or consumed if applicable,
description of all sources, consumptive uses and diversions related to
the project and any proposed project modifications.
* * * * *
(5) An as-built and approved metering plan that conforms to Sec.
806.30.
* * * * *
(10) Changes to the facility design.
(11) Any proposed changes to the previously authorized purpose.
(d) Additional information is required for the following
applications for renewal of expiring approved projects.
(1) Surface water. (i) Description and as-built of intake
structure.
(ii) For renewals seeking to increase a withdrawal, alternatives
analysis for a withdrawal proposed in settings with a drainage area of
50 miles square or less, or in a waterway with exceptional water
quality, or as required by the Commission.
(2) Groundwater. (i) The project sponsor shall demonstrate that
requirements of Sec. 806.12 have been met by providing one of the
following:
(A) Provide an interpretive report that includes the results of a
Commission approved aquifer test and an updated GW availability
estimate if changed from the aquifer test plan;
(B) An approved AHE; or
(C) A prior determination by the Commission staff under Sec.
806.12(h) that the intent and requirements of Sec. 806.12 have been
met.
(ii) An interpretative report providing analysis and comparison of
current and historic water withdrawal and groundwater elevation data
with previously completed materials to demonstrate satisfaction of
Sec. 806.12, which may include a hydrogeologic report from previous
aquifer testing, an approved AHE or prior determination of waiver of
aquifer testing.
(iii) Current groundwater availability analysis assessing the
availability of water during a 1-in-10 year drought recurrence interval
under the existing conditions within the recharge area and predicted
for term of renewal (i.e., other users, discharges, and land
development within the groundwater recharge area).
(iv) Groundwater elevation monitoring plan for all production
wells.
(v) Alternatives analysis as required by the Commission.
(3) Consumptive use. (i) Consumptive use calculations.
(ii) Mitigation plan, including method of consumptive use
mitigation.
(4) Into basin diversion. (i) Provide the necessary information to
demonstrate that the project will continue to meet the standards in
Sec. 806.24(c).
(ii) Identification of the source and current water quality
characteristics of the water to be diverted.
(5) Out of basin diversion. (i) Provide the necessary information
to demonstrate that the project will continue to meet the standards in
Sec. 806.24(b).
[[Page 52969]]
(6) Other projects. Other projects, including without limitation,
mine dewatering, water resources remediation projects, and AMD
facilities that qualify as a withdrawal.
(i) In lieu of a hydrogeologic evaluation, a copy of approved
report(s) prepared for any other purpose or as required by other
governmental regulatory agencies that provides a demonstration of the
hydrogeologic and/or hydrologic effects and limits of said effects due
to operation of the project and effects on local water availability.
(ii) Any data or reports that demonstrate effects of the project
are consistent with those reports provided in paragraph (d)(6)(i) of
this section.
(iii) Demonstration of continued need for expiring approved water
source and quantity.
* * * * *
0
7. Revise Sec. 806.15 to read as follows:
Sec. 806.15 Notice of application.
(a) Except with respect to paragraphs (e), (f), and (g) of this
section, 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 and the appropriate county agencies 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 (d) 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 be in a
form and manner as prescribed by the Commission.
(b) For withdrawal applications submitted pursuant to Sec.
806.4(a)(2) for new projects, major modifications, and renewals
requesting an increase, the project sponsor shall also provide the
notice required under paragraph (a) of this section to each property
owner listed on the tax assessment rolls of the county in which such
property is located and identified as follows:
(1) For groundwater withdrawal applications, the owner of any
property that is located within a one-quarter mile radius of the
proposed withdrawal location.
(2) For surface water withdrawal applications, the owner of any
property that is riparian or littoral to the body of water from which
the proposed withdrawal will be taken and is within a one-half mile
radius of the proposed withdrawal location.
(3) For groundwater withdrawal applications, the Commission or
Executive Director may allow notification of property owners through
alternate methods where the property of such property owner is served
by a public water supply.
(c) For projects involving a diversion of water out of the basin,
the project sponsor shall also publish a notice of the submission of
its application at least once in a newspaper of general circulation
serving the area outside the basin where the project proposing to use
the diverted water is located. For projects involving a diversion of
water into the basin, the project sponsor shall also publish a notice
of the submission of its application at least once in a newspaper of
general circulation serving the area outside the basin where the
withdrawal of water proposed for diversion is located.
(d) The project sponsor shall provide the Commission with a copy of
the United States Postal Service return receipt or the verified return
receipt from a comparable delivery service for the notifications to
agencies of member States, municipalities, counties and appropriate
county agencies required under this section. The project sponsor shall
also provide certification on a form provided by the Commission that it
has published the newspaper notice(s) required by this section and made
the landowner notifications as required under paragraph (b) of this
section, if applicable. The project sponsor shall maintain all proofs
of publication and records of notices sent under this section for the
duration of the approval related to such notices.
(e) For Notices of Intent (NOI) seeking coverage under a general
permit, the project sponsor shall provide notice of the NOI to the
appropriate agency of the member State and each municipality and county
and appropriate county agencies in which the project is located and any
additional notice identified in the general permit.
(f) For applications for minor modifications and approvals by rule
under Sec. 806.22(e), the project sponsor shall provide notice of the
application to the appropriate agency of the member State and each
municipality and county and appropriate county agencies in the which
the project is located.
(g) For NOIs seeking an approval pursuant to Sec. 806.22(f), the
project sponsor shall provide notice of the application to the
appropriate agency of the member State, each municipality, county and
appropriate county agencies, and the owner of the property on or in
which the drilling pad site is located. For requests for approval
submitted under Sec. 806.22(f)(13), the project sponsor shall provide
notice of the application to the appropriate agency of the member
State, each municipality, county and appropriate county agencies in
which the public water supply is located.
0
8. Amend Sec. 806.18 by revising paragraph (c) to read as follows:
Sec. 806.18 Approval modifications.
* * * * *
(c) Minor modifications. The following are minor modifications:
(1) Correction of typographical or other errors;
(2) Changes to monitoring or metering conditions;
(3) Addition, amendment or removal of sources of water for
consumptive use or project descriptions;
(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 and minor changes to the location of
intakes;
(7) Increases to total system limits that were established based on
the projected demand of the project; and
(8) Modifications of extraction well network used for groundwater
remediation systems.
(9) Adjustments to a term of an approval to align the approval with
a member jurisdiction approval or another docket approval by the
Commission.
(10) Changes to the method of consumptive use mitigation to payment
of the mitigation fee, providing for discontinuance, use of storage or
an adequate conservation release in accordance with a previous
Commission determination.
(11) Addition of stormwater as a source of consumptive use,
including an increase to the total consumptive use related to the
stormwater use.
(12) Extension of the date of commencement of a withdrawal,
diversion or consumptive use established under Sec. 806.31(b).
* * * * *
0
9. Amend Sec. 806.22 by revising paragraphs (e)(6) and (8) and (f)(4)
and (11) through (13), and removing and reserving paragraph (f)(14).
The revisions read as follows:
Sec. 806.22 Standards for consumptive use of water.
* * * * *
[[Page 52970]]
(e) * * *
(6) Mitigation. The project sponsor shall comply with mitigation in
accordance with paragraph (b)(1)(iii) or (b)(2) or (3) of this section.
* * * * *
(8) Decision. The Executive Director may grant, deny, suspend,
revoke, modify or condition an approval to operate under this approval
by rule, or renew an existing approval by rule previously granted
hereunder, and will notify the project sponsor of such determination,
including the quantity of consumptive use approved. Use of small
capacity sources or sources used only for supply of potable water may
be appropriately included as a part of this approval by rule in the
discretion of the Executive Director.
* * * * *
(f) * * *
(4) The project sponsor shall comply with metering, daily use
monitoring and quarterly reporting as specified in Sec. 806.30, or as
otherwise required by the approval by rule. The project sponsor shall
submit a post-hydrofracture report in a form and manner as prescribed
by the Commission.
* * * * *
(11) In addition to water sources approved for use by the project
sponsor pursuant to Sec. 806.4 or this section, for unconventional
natural gas development or hydrocarbon development, whichever is
applicable, a project sponsor issued an approval by rule pursuant to
paragraph (f)(9) of this section may utilize any of the following water
sources at the drilling pad site, subject to such monitoring and
reporting requirements as the Commission may prescribe:
(i) Tophole water encountered during the drilling process, provided
it is used only for drilling or hydrofracture stimulation.
(ii) Captured stormwater, provided it is used only for drilling or
hydrofracture stimulation.
(iii) Drilling fluids, formation fluids, flowback or production
fluids obtained from a drilling pad site, production well site or
hydrocarbon water storage facility, provided it is used only for
hydrofracture stimulation, and is handled, transported and stored in
compliance with all standards and requirements of the applicable member
jurisdiction.
(12) A project sponsor issued an approval by rule pursuant to
paragraph (f)(9) of this section may utilize a source of water, except
a public water supply, approved by the Commission pursuant to Sec.
806.4(a) and issued to persons other than the project sponsor, provided
any such source is approved for use in unconventional natural gas
development, or hydrocarbon development, whichever is applicable, the
project sponsor has an agreement for its use and the project sponsor
registers such source with the Commission on a form and in the manner
prescribed by the Commission. Use of the registered source shall not
commence until the Commission acknowledges in writing that the
registration is proper and complete.
(13) A project sponsor issued an approval by rule pursuant to
paragraph (f)(9) of this section may also utilize other sources of
water, including but not limited to, water withdrawals or wastewater
discharge not otherwise associated with an approval issued by the
Commission pursuant to Sec. 806.4(a), public water supplies, or
another approval by rule issued pursuant to paragraph (f)(9) of this
section, provided such sources are first approved by the Executive
Director. Any request for approval shall be submitted on a form and in
the manner prescribed by the Commission, shall satisfy the notice
requirements set forth in Sec. 806.15, and shall be subject to review
pursuant to the standards set forth in subpart C of this part.
* * * * *
0
10. Amend Sec. 806.23 by revising the paragraph (b) subject heading
and paragraph (b)(4) and adding paragraphs (b)(6) and (7) to read as
follows:
Sec. 806.23 Standards for water withdrawals.
* * * * *
(b) Limitations on and considerations for withdrawals.
* * * * *
(4) The Commission may require the project sponsor to undertake the
following, to ensure its ability to meet its present or reasonably
foreseeable water needs from available groundwater or surface water
without limitation:
(i) Investigate additional sources, interconnections or storage
options to meet the demand of the project.
(ii) Submit a water resource development plan that shall include,
without limitation, sufficient data to address any supply deficiencies,
identify alternative water supply options, including interconnections,
and support existing and proposed future withdrawals.
* * * * *
(6) Notwithstanding this paragraph, existing withdrawals that
successfully complete the process in Sec. 806.12(h) and (i) shall
satisfy the standards in paragraph (b)(2) of this section. Further,
evaluation of the withdrawal shall include reasonably foreseeable need
and the need for total system limits, compliance with Sec. 806.21, and
any changes to the project or project location and setting.
(i) Approval of withdrawal limits on existing sources will not be
set above the amount supported by the existing historical and current
operating data or otherwise supported by the evaluation under Sec.
806.12, and may be set at a different rate if supported by the
evaluation required in this paragraph.
(ii) Any approvals shall include metering and measurement of
parameters consistent with Sec. 806.30, and may include conditions
requiring monitoring of surface water features or other withdrawal
sources.
(iii) If any reported metering or monitoring data or other
information show a significant adverse impact to any consideration in
paragraph (b)(2) of this section, the Commission may take actions
necessary to eliminate the significant adverse impact, including but
not limited to requiring the project to undertake more data collection
and analysis, aquifer testing and/or conditioning the docket approval.
(7) Notwithstanding this paragraph, small capacity sources shall be
subject to any withdrawal limit, including total system limit, set by
the Commission and shall include metering and measurement of parameters
consistent with Sec. 806.30.
0
11. Amend Sec. 806.34 by revising paragraph (c)(2) to read as follows:
Sec. 806.34 Emergencies.
* * * * *
(c) * * *
(2) With the concurrence of the chairperson of the Commission and
the commissioner from the affected member state, issue an emergency
certificate for a term not to extend beyond the next regular business
meeting of the Commission where the extension of the certificate may be
included in the notice for the next regularly scheduled public hearing
for that business meeting.
* * * * *
Dated: September 20, 2021.
Jason E. Oyler,
General Counsel and Secretary to the Commission.
[FR Doc. 2021-20594 Filed 9-23-21; 8:45 am]
BILLING CODE 7040-01-P
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</html>Indexed from Federal Register on September 24, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.