Review and Approval of Projects, 57850-57852 [2014-22358]
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57850
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Proposed Rules
supplemental information must include
any additional testing and testing set up
instructions (e.g., whether a bypass loop
was used for testing) for the basic model
and all other information (e.g.
operational codes or overrides for the
control settings) necessary to operate the
basic model under the required
conditions specified by the relevant test
procedure. A manufacturer may also
include with a certification report other
supplementary items in PDF format (e.g.
manuals) for DOE consideration in
performing testing under subpart C of
this part.
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■ 7. Section 429.60 is amended by
revising paragraph (b)(4) to read as
follows:
§ 429.60
Commercial packaged boilers.
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(b) * * *
(4) Pursuant to § 429.12(b)(13), a
certification report may include
supplemental testing instructions in
PDF format. If necessary to run a valid
test, the equipment-specific,
supplemental information must include
any additional testing and testing set up
instructions (e.g., specific operational or
control codes or settings), which would
be necessary to operate the basic model
under the required conditions specified
by the relevant test procedure. A
manufacturer may also include with a
certification report other supplementary
items in PDF format (e.g. manuals) for
DOE consideration in performing testing
under subpart C of this part.
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■ 8. Section 429.70 is amended by
revising paragraph (c)(5)(iii) to read as
follows:
§ 429.70 Alternative methods for
determining energy efficiency and energy
use.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
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(c) * * *
(5) * * *
(iii) Manufacturer participation. (A)
Except when testing variable refrigerant
flow systems (which are governed by
the rules found at § 431.96(f)), testing
will be completed without a
manufacturer representative on-site. In
limited instances further described in
paragraph (c)(5)(iii)(B) of this section, a
manufacturer and DOE representative
may be present to witness the test setup.
(B) A manufacturer’s representative
may request to be on-site to witness the
test set-up if:
(1) The installation manual for the
basic model specifically requires it to be
started only by a factory-trained
installer; or
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(2) The manufacturer has elected, as
part of the certification of that basic
model, to have the opportunity to
witness the test set-up. A manufacturer
may elect to witness the test set-up for
the initial verification test for no more
than 10 percent of the manufacturer’s
certified basic models rated with an
AEDM. The 10-percent limit applies to
all of the eligible basic models certified
by a given manufacturer no matter how
many AEDMs a manufacturer has used
to develop its ratings. A manufacturer
must identify the basic models it wishes
to witness as part of its certification
report(s) prior to the basic model being
selected for verification testing.
(3) In those instances in which a
manufacturer has not provided the
required information as specified in
§ 429.12(b)(13) for a given basic model
that has been rated and certified as
compliant with the applicable
standards, a manufacturer is precluded
from witnessing the testing set up for
that basic model.
(C) A DOE representative will be
present for the test set-up in all cases
where a manufacturer representative
requests to be on-site for the test set-up.
The manufacturer’s representative
cannot communicate with a lab
representative outside of the DOE
representative’s presence.
(D) If DOE has obtained a unit for test
through retail channels that meets either
of the conditions in paragraph
(c)(5)(iii)(B) of this section, DOE will
notify the manufacturer of the basic
model’s selection for testing and that the
manufacturer may have a representative
present for the test set-up. If the
manufacturer does not respond within
five calendar days of receipt of that
notification, the manufacturer waives
the option to be present for test set-up,
and DOE will proceed with the test setup without a manufacturer’s
representative present.
(E) If DOE has obtained a unit for test
directly from the manufacturer that
meets either of the conditions in
paragraph (c)(5)(iii)(B) of this section,
DOE will notify the manufacturer of the
option to be present for the test set-up
at the time the unit is purchased. DOE
will specify the date (not less than five
calendar days) by which the
manufacturer must notify DOE whether
a manufacturer’s representative will be
present. If the manufacturer does not
notify DOE by the date specified, the
manufacturer waives the option to be
present for the test set-up, and DOE will
proceed with the test set-up without a
manufacturer’s representative present.
(F) DOE will review the certification
submissions from the manufacturer that
were on file as of the date DOE
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Sfmt 4702
purchased a basic model (under
paragraph (c)(5)(iii)(D) of this section) or
the date DOE notifies the manufacturer
that the basic model has been selected
for testing (under paragraph (c)(5)(iii)(E)
of this section) to determine if the
manufacturer has indicated that it
intends to witness the test set-up of the
selected basic model. DOE will also
verify that the manufacturer has not
selected more than 10 percent of the
manufacturer’s certified basic models
rated with an AEDM. If DOE discovers
that the manufacturer has selected more
than 10 percent, DOE will notify the
manufacturer of this fact and deny its
request to be present for the test set-up
of the selected basic model. The
manufacturer must update its
certification submission to ensure it has
selected no more than 10 percent of the
manufacturer’s certified basic models
rated with an AEDM to be present at setup for future selections.
(G) If DOE determines, pursuant to
paragraph (c)(5)(ii) of this section, that
the model should be tested at the
manufacturer’s facility, a DOE
representative will be present on site to
observe the test set-up and testing with
the manufacturer’s representative. All
testing will be conducted at DOE’s
direction, which may include DOEcontracted personnel from a third-party
lab, as well as the manufacturer’s
technicians.
(H) As further explained in paragraph
(c)(5)(v)(B) of this section, if a
manufacturer’s representative is present
for the initial test set-up for any reason,
the manufacturer forfeits any
opportunity to request a retest of the
basic model. Furthermore, if the
manufacturer requests to be on-site for
test set-up pursuant to paragraph
(c)(5)(iii)(B) of this section but is not
present on site, the manufacturer forfeits
any opportunity to request a retest of the
basic model.
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[FR Doc. 2014–22890 Filed 9–25–14; 8:45 am]
BILLING CODE 6450–01–P
SUSQUEHANNA RIVER BASIN
COMMISSION
18 CFR Part 806
Review and Approval of Projects
Susquehanna River Basin
Commission.
ACTION: Notice of proposed rulemaking
and public hearing.
AGENCY:
This document contains
proposed rules that would amend the
regulations of the Susquehanna River
SUMMARY:
E:\FR\FM\26SEP1.SGM
26SEP1
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Proposed Rules
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Basin Commission (Commission) to
clarify the water uses involved in
hydrocarbon development that are
subject to the consumptive use
regulations, as implemented by the
Approval By Rule program.
DATES: Comments on these proposed
rules may be submitted to the
Commission on or before November 17,
2014. The Commission has scheduled a
public hearing on the proposed
rulemaking, to be held November 6,
2014, in Harrisburg, 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., Regulatory
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
November 6, 2014, at 1:30 p.m., at the
Pennsylvania State Capitol, Room 8E–B,
East Wing, Commonwealth Avenue,
Harrisburg, Pa. 17101. 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., Regulatory Counsel,
telephone: 717–238–0423, ext. 1312;
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:
Background and Purpose of
Amendments
The basic purpose of the regulatory
amendments set forth in this proposed
rulemaking is to clarify the water uses
involved in hydrocarbon development
that are subject to the consumptive use
regulations, as implemented by the
Approval By Rule (ABR) program.
Currently, certain hydrocarbon
development projects and
unconventional natural gas
development projects are subject to the
Commission’s consumptive water use
regulations. The Commission is
proposing changes to the definitions in
18 CFR 806.3 to clarify the water uses
subject to regulation along with
corresponding changes to 18 CFR 806.22
pertaining to the ABR program. The
Commission is also considering whether
to increase the duration of approvals
issued under the ABR program in 18
CFR 806.22(f)(10) and is seeking public
comment regarding a longer term.
The Commission is proposing a
number of changes to the definitions in
18 CFR 806.3. The Commission
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18:09 Sep 25, 2014
Jkt 232001
proposes to clarify and expand the
definition of ‘‘hydrocarbon
development’’ to ‘‘hydrocarbon
development project.’’ The new
definition would retain the current
language referring to ‘‘the drilling,
casing, cementing, stimulation and
completion’’ of oil and gas wells, and
would add new language to cover all
water-related activities and facilities on
the drilling pad site as well as specific
uses of water off the drilling pad site.
On the drilling pad site, the definition
would cover activities and facilities
associated with the production,
maintenance, operation, closure,
plugging and restoration of wells or
drilling pad sites that would require
consumptive water usage. The revised
definition contains an illustrative, but
not exhaustive, list of water uses on the
drilling pad site. Off the drilling pad
site, the regulated uses would be water
used for hydro-seeding, dust
suppression, and hydro-excavation of
access roads and underground lines, as
well as tank cleanings, related to a
drilling pad site or centralized
impoundments. The Commission’s
jurisdiction under § 806.22(f) would
cease after all post-plugging restoration
is completed according to applicable
member jurisdiction regulations.
The Commission also proposes to add
a new definition of ‘‘drilling pad site.’’
This term is currently used in SRBC
regulations, but is not defined. The
Commission’s intent with the proposed
definition is to cover the physical four
corners of the well site where drilling
actually occurs or is intended to occur
and not to activities and facilities off the
pad site.
The Commission has also proposed
corresponding changes to the definition
of ‘‘project,’’ ‘‘unconventional natural
gas development,’’ and ‘‘construction.’’
The last sentence in the definition of
‘‘project’’ is deleted in this proposal, as
it is not necessary with the changes
proposed to ‘‘hydrocarbon development
project.’’ The definition of
‘‘unconventional natural gas
development’’ is proposed to be
amended to ‘‘unconventional natural
gas development project’’ to match the
‘‘hydrocarbon development project’’
definition. As is currently the case, an
‘‘unconventional natural gas
development project’’ remains a subset
of the more broadly defined term
‘‘hydrocarbon development project.’’
The Commission also proposes
changes to 18 CFR 806.22—Standards
for consumptive uses of water. The
Commission proposes changes to clarify
18 CFR 806.22(f)(1) and (f)(4). The term
‘‘dust control’’ in 18 CFR 806.22(f)(4)
has been replaced with the broader term
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57851
‘‘other project related activity.’’ In
addition, changes are proposed to 18
CFR 806.22(f)(11) and (f)(12) to reflect
changes in the definitions as proposed.
The Commission is proposing revisions
to 18 CFR 806.22(f)(10) to note that the
approvals under the ABR program shall
be effective upon issuance by the
Executive Director. In this subsection,
the Commission is also considering
whether to change the duration of
approvals issued under the ABR
program from 5 years to a longer term
of up to 15 years and is specifically
seeking public comment regarding such
change. The Commission is also
proposing changes to 18 CFR
806.22(e)(7) to mirror subsection (f)(10).
Nothing in the proposed rulemaking
changes the existing overall regulatory
structure between hydrocarbon
development projects generally versus
unconventional natural gas projects
specifically.
In addition, the Commission finds it
necessary to revise the provisions of 18
CFR 806.15(e) to reflect proposed
revisions in § 806.3.
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
Subpart A—General Provisions
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.
2. In § 806.3:
a. Revise the definition for
‘‘Construction;’’
■ b. Adding, in alphabetical order, a
definition of ‘‘Drilling Pad Site;’’
■ c. Removing the definition for
‘‘Hydrocarbon development’’ and
adding in its place, in alphabetical
order, the definition of ‘‘Hydrocarbon
development project;’’
■ d. Revising the definition of ‘‘Project;’’
and
■ e. Removing the definition for
‘‘Unconventional natural gas
development’’ and adding in its place,
in alphabetical order, the definition of
‘‘Unconventional natural gas
development project.’’
The revisions and additions read as
follows:
■
■
§ 806.3
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Definitions.
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asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
57852
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Proposed Rules
Construction. To physically initiate
assemblage, installation, erection or
fabrication of any facility, involving or
intended for the withdrawal,
conveyance, storage or consumptive use
of the waters of the basin. For purposes
of unconventional natural gas
development projects subject to review
and approval pursuant to § 806.4(a)(8) of
this part, initiation of construction shall
be deemed to commence upon the
drilling (spudding) of a gas well, or the
initiation of construction of any water
impoundment or other water-related
facility to serve the project, whichever
comes first.
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Drilling Pad Site. The area occupied
by the equipment or facilities necessary
for or incidental to drilling, production
or plugging of one or more hydrocarbon
development wells and upon which
such drilling has or is intended to occur.
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Hydrocarbon development project. A
project undertaken for the purpose of
extraction of liquid or gaseous
hydrocarbons from geologic formations,
including but not limited to the drilling,
casing, cementing, stimulation and
completion of unconventional natural
gas development wells, and all other
activities and facilities associated with
the foregoing or with the production,
maintenance, operation, closure,
plugging and restoration of such wells
or drilling pad sites that require water
for purposes including but not limited
to, re-stimulation and/or re-completion
of wells, fresh water injection of
production tubing, use of coiled tubing
units, pumping, cement hydration, dust
suppression, and hydro-seeding, until
all post-plugging restoration is
completed in accordance with all
applicable member jurisdiction
requirements. The project includes
water used for hydro-seeding, dust
suppression and hydro-excavation of
access roads and underground lines, as
well as cleaning of tanks, related to a
drilling pad site and centralized
impoundments.
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Project. Any work, service, activity or
facility undertaken, which is separately
planned, financed or identified by the
Commission, or any separate facility
undertaken or to be undertaken by the
Commission or otherwise within a
specified area, for the conservation,
utilization, control, development, or
management of water resources, which
can be established and utilized
independently, or as an additional to an
existing facility, and can be considered
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as a separate entity for purposes of
evaluation.
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Unconventional natural gas
development project. A hydrocarbon
development project undertaken for the
purpose of extraction of gaseous
hydrocarbons from low permeability
geologic formations utilizing enhanced
drilling, stimulation or recovery
techniques.
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■ 3. In § 806.15, revise paragraph (e) to
read as follows:
§ 806.15
Notice of application.
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(e) For applications submitted under
§ 806.22(f)(13) of this part for a
wastewater discharge source, the
newspaper notice requirement
contained in paragraph (a) of this
section shall be satisfied by publication
in a newspaper of general circulation in
each area within which the water
obtained from such source will initially
be used for hydrocarbon development.
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*
■ 4. In § 806.22, revise paragraphs (e)(7),
(f)(1), (f)(4), (f)(10), (f)(11) introductory
text, and (f)(12) to read as follows:
§ 806.22 Standards for consumptive uses
of water.
*
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*
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*
(e) Approval by rule for consumptive
uses. (1) Except with respect to projects
involving hydrocarbon development
subject to the provisions of paragraph (f)
of this section * * *
*
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*
*
*
(7) Approval by rule shall be effective
upon issuance by the Executive Director
to the project sponsor, shall expire 15
years from the date of such issuance,
and supersede any previous
consumptive use approvals to the extent
applicable to the project.
*
*
*
*
*
(f) Approval by rule for consumptive
use related to unconventional natural
gas and other hydrocarbon development
projects.
(1) Any unconventional natural gas
development project subject to review
and approval under § 806.4(a)(8) of this
part, or any other hydrocarbon
development project subject to review
and approval under §§ 806.4, 806.5, or
806.6 of this part, shall be subject to
review and approval by the Executive
Director under this paragraph (f)
regardless of the source or sources of
water being used consumptively.
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*
(4) The project sponsor shall comply
with metering, daily use monitoring and
quarterly reporting as specified in
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Frm 00013
Fmt 4702
Sfmt 9990
§ 806.30 of this part, or as otherwise
required by the approval by rule. Daily
use monitoring shall include amounts
delivered or withdrawn per source, per
day, and amounts used per gas well or
drilling pad site, per day, for well
drilling, hydrofracture stimulation,
hydrostatic testing, and other projectrelated activity. The foregoing shall
apply to all water, including stimulation
additives, flowback, drilling fluids,
formation fluids and production fluids,
utilized by the project. The project
sponsor shall also submit a posthydrofracture report in a form and
manner as prescribed by the
Commission.
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*
*
*
(10) Approval by rule shall be
effective upon issuance by the Executive
Director to the project sponsor, shall
expire five years * from the date of such
issuance, and supersede any previous
consumptive use approvals to the extent
applicable to the project.
(11) In addition to water sources
approved for use by the project sponsor
pursuant to § 806.4 or this section, 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:
*
*
*
*
*
(12) A project sponsor issued an
approval by rule pursuant to paragraph
(f)(9) of this section may utilize a source
of water approved by the Commission
pursuant to § 806.4(a) of this part, or by
the Executive Director pursuant to
paragraph (f)(14) of this section, and
issued to persons other than the project
sponsor, provided any such source is
approved for use in hydrocarbon
development, the project sponsor has an
agreement for its use, and at least 10
days prior to use, the project sponsor
registers such source with the
Commission on a form and in the
manner prescribed by the Commission.
*
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*
Dated: September 12, 2014.
Stephanie L. Richardson,
Secretary to the Commission.
[FR Doc. 2014–22358 Filed 9–25–14; 8:45 am]
BILLING CODE 7040–01–P
* Per the preamble to this proposed rulemaking,
the Commission is considering a change of the
duration of approval in this subsection from 5 years
to a longer term of up to 15 years and is seeking
public comment regarding the proposed change.
E:\FR\FM\26SEP1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Proposed Rules]
[Pages 57850-57852]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22358]
=======================================================================
-----------------------------------------------------------------------
SUSQUEHANNA RIVER BASIN COMMISSION
18 CFR Part 806
Review and Approval of Projects
AGENCY: Susquehanna River Basin Commission.
ACTION: Notice of proposed rulemaking and public hearing.
-----------------------------------------------------------------------
SUMMARY: This document contains proposed rules that would amend the
regulations of the Susquehanna River
[[Page 57851]]
Basin Commission (Commission) to clarify the water uses involved in
hydrocarbon development that are subject to the consumptive use
regulations, as implemented by the Approval By Rule program.
DATES: Comments on these proposed rules may be submitted to the
Commission on or before November 17, 2014. The Commission has scheduled
a public hearing on the proposed rulemaking, to be held November 6,
2014, in Harrisburg, 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., Regulatory
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 November 6, 2014, at 1:30 p.m.,
at the Pennsylvania State Capitol, Room 8E-B, East Wing, Commonwealth
Avenue, Harrisburg, Pa. 17101. 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., Regulatory
Counsel, telephone: 717-238-0423, ext. 1312; 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:
Background and Purpose of Amendments
The basic purpose of the regulatory amendments set forth in this
proposed rulemaking is to clarify the water uses involved in
hydrocarbon development that are subject to the consumptive use
regulations, as implemented by the Approval By Rule (ABR) program.
Currently, certain hydrocarbon development projects and
unconventional natural gas development projects are subject to the
Commission's consumptive water use regulations. The Commission is
proposing changes to the definitions in 18 CFR 806.3 to clarify the
water uses subject to regulation along with corresponding changes to 18
CFR 806.22 pertaining to the ABR program. The Commission is also
considering whether to increase the duration of approvals issued under
the ABR program in 18 CFR 806.22(f)(10) and is seeking public comment
regarding a longer term.
The Commission is proposing a number of changes to the definitions
in 18 CFR 806.3. The Commission proposes to clarify and expand the
definition of ``hydrocarbon development'' to ``hydrocarbon development
project.'' The new definition would retain the current language
referring to ``the drilling, casing, cementing, stimulation and
completion'' of oil and gas wells, and would add new language to cover
all water-related activities and facilities on the drilling pad site as
well as specific uses of water off the drilling pad site. On the
drilling pad site, the definition would cover activities and facilities
associated with the production, maintenance, operation, closure,
plugging and restoration of wells or drilling pad sites that would
require consumptive water usage. The revised definition contains an
illustrative, but not exhaustive, list of water uses on the drilling
pad site. Off the drilling pad site, the regulated uses would be water
used for hydro-seeding, dust suppression, and hydro-excavation of
access roads and underground lines, as well as tank cleanings, related
to a drilling pad site or centralized impoundments. The Commission's
jurisdiction under Sec. 806.22(f) would cease after all post-plugging
restoration is completed according to applicable member jurisdiction
regulations.
The Commission also proposes to add a new definition of ``drilling
pad site.'' This term is currently used in SRBC regulations, but is not
defined. The Commission's intent with the proposed definition is to
cover the physical four corners of the well site where drilling
actually occurs or is intended to occur and not to activities and
facilities off the pad site.
The Commission has also proposed corresponding changes to the
definition of ``project,'' ``unconventional natural gas development,''
and ``construction.'' The last sentence in the definition of
``project'' is deleted in this proposal, as it is not necessary with
the changes proposed to ``hydrocarbon development project.'' The
definition of ``unconventional natural gas development'' is proposed to
be amended to ``unconventional natural gas development project'' to
match the ``hydrocarbon development project'' definition. As is
currently the case, an ``unconventional natural gas development
project'' remains a subset of the more broadly defined term
``hydrocarbon development project.''
The Commission also proposes changes to 18 CFR 806.22--Standards
for consumptive uses of water. The Commission proposes changes to
clarify 18 CFR 806.22(f)(1) and (f)(4). The term ``dust control'' in 18
CFR 806.22(f)(4) has been replaced with the broader term ``other
project related activity.'' In addition, changes are proposed to 18 CFR
806.22(f)(11) and (f)(12) to reflect changes in the definitions as
proposed. The Commission is proposing revisions to 18 CFR 806.22(f)(10)
to note that the approvals under the ABR program shall be effective
upon issuance by the Executive Director. In this subsection, the
Commission is also considering whether to change the duration of
approvals issued under the ABR program from 5 years to a longer term of
up to 15 years and is specifically seeking public comment regarding
such change. The Commission is also proposing changes to 18 CFR
806.22(e)(7) to mirror subsection (f)(10). Nothing in the proposed
rulemaking changes the existing overall regulatory structure between
hydrocarbon development projects generally versus unconventional
natural gas projects specifically.
In addition, the Commission finds it necessary to revise the
provisions of 18 CFR 806.15(e) to reflect proposed revisions in Sec.
806.3.
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
Subpart A--General Provisions
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. Revise the definition for ``Construction;''
0
b. Adding, in alphabetical order, a definition of ``Drilling Pad
Site;''
0
c. Removing the definition for ``Hydrocarbon development'' and adding
in its place, in alphabetical order, the definition of ``Hydrocarbon
development project;''
0
d. Revising the definition of ``Project;'' and
0
e. Removing the definition for ``Unconventional natural gas
development'' and adding in its place, in alphabetical order, the
definition of ``Unconventional natural gas development project.''
The revisions and additions read as follows:
Sec. 806.3 Definitions.
* * * * *
[[Page 57852]]
Construction. To physically initiate assemblage, installation,
erection or fabrication of any facility, involving or intended for the
withdrawal, conveyance, storage or consumptive use of the waters of the
basin. For purposes of unconventional natural gas development projects
subject to review and approval pursuant to Sec. 806.4(a)(8) of this
part, initiation of construction shall be deemed to commence upon the
drilling (spudding) of a gas well, or the initiation of construction of
any water impoundment or other water-related facility to serve the
project, whichever comes first.
* * * * *
Drilling Pad Site. The area occupied by the equipment or facilities
necessary for or incidental to drilling, production or plugging of one
or more hydrocarbon development wells and upon which such drilling has
or is intended to occur.
* * * * *
Hydrocarbon development project. A project undertaken for the
purpose of extraction of liquid or gaseous hydrocarbons from geologic
formations, including but not limited to the drilling, casing,
cementing, stimulation and completion of unconventional natural gas
development wells, and all other activities and facilities associated
with the foregoing or with the production, maintenance, operation,
closure, plugging and restoration of such wells or drilling pad sites
that require water for purposes including but not limited to, re-
stimulation and/or re-completion of wells, fresh water injection of
production tubing, use of coiled tubing units, pumping, cement
hydration, dust suppression, and hydro-seeding, until all post-plugging
restoration is completed in accordance with all applicable member
jurisdiction requirements. The project includes water used for hydro-
seeding, dust suppression and hydro-excavation of access roads and
underground lines, as well as cleaning of tanks, related to a drilling
pad site and centralized impoundments.
* * * * *
Project. Any work, service, activity or facility undertaken, which
is separately planned, financed or identified by the Commission, or any
separate facility undertaken or to be undertaken by the Commission or
otherwise within a specified area, for the conservation, utilization,
control, development, or management of water resources, which can be
established and utilized independently, or as an additional to an
existing facility, and can be considered as a separate entity for
purposes of evaluation.
* * * * *
Unconventional natural gas development project. A hydrocarbon
development project undertaken for the purpose of extraction of gaseous
hydrocarbons from low permeability geologic formations utilizing
enhanced drilling, stimulation or recovery techniques.
* * * * *
0
3. In Sec. 806.15, revise paragraph (e) to read as follows:
Sec. 806.15 Notice of application.
* * * * *
(e) For applications submitted under Sec. 806.22(f)(13) of this
part for a wastewater discharge source, the newspaper notice
requirement contained in paragraph (a) of this section shall be
satisfied by publication in a newspaper of general circulation in each
area within which the water obtained from such source will initially be
used for hydrocarbon development.
* * * * *
0
4. In Sec. 806.22, revise paragraphs (e)(7), (f)(1), (f)(4), (f)(10),
(f)(11) introductory text, and (f)(12) to read as follows:
Sec. 806.22 Standards for consumptive uses of water.
* * * * *
(e) Approval by rule for consumptive uses. (1) Except with respect
to projects involving hydrocarbon development subject to the provisions
of paragraph (f) of this section * * *
* * * * *
(7) Approval by rule shall be effective upon issuance by the
Executive Director to the project sponsor, shall expire 15 years from
the date of such issuance, and supersede any previous consumptive use
approvals to the extent applicable to the project.
* * * * *
(f) Approval by rule for consumptive use related to unconventional
natural gas and other hydrocarbon development projects.
(1) Any unconventional natural gas development project subject to
review and approval under Sec. 806.4(a)(8) of this part, or any other
hydrocarbon development project subject to review and approval under
Sec. Sec. 806.4, 806.5, or 806.6 of this part, shall be subject to
review and approval by the Executive Director under this paragraph (f)
regardless of the source or sources of water being used consumptively.
* * * * *
(4) The project sponsor shall comply with metering, daily use
monitoring and quarterly reporting as specified in Sec. 806.30 of this
part, or as otherwise required by the approval by rule. Daily use
monitoring shall include amounts delivered or withdrawn per source, per
day, and amounts used per gas well or drilling pad site, per day, for
well drilling, hydrofracture stimulation, hydrostatic testing, and
other project-related activity. The foregoing shall apply to all water,
including stimulation additives, flowback, drilling fluids, formation
fluids and production fluids, utilized by the project. The project
sponsor shall also submit a post-hydrofracture report in a form and
manner as prescribed by the Commission.
* * * * *
(10) Approval by rule shall be effective upon issuance by the
Executive Director to the project sponsor, shall expire five years \*\
from the date of such issuance, and supersede any previous consumptive
use approvals to the extent applicable to the project.
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* Per the preamble to this proposed rulemaking, the Commission
is considering a change of the duration of approval in this
subsection from 5 years to a longer term of up to 15 years and is
seeking public comment regarding the proposed change.
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(11) In addition to water sources approved for use by the project
sponsor pursuant to Sec. 806.4 or this section, 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:
* * * * *
(12) A project sponsor issued an approval by rule pursuant to
paragraph (f)(9) of this section may utilize a source of water approved
by the Commission pursuant to Sec. 806.4(a) of this part, or by the
Executive Director pursuant to paragraph (f)(14) of this section, and
issued to persons other than the project sponsor, provided any such
source is approved for use in hydrocarbon development, the project
sponsor has an agreement for its use, and at least 10 days prior to
use, the project sponsor registers such source with the Commission on a
form and in the manner prescribed by the Commission.
* * * * *
Dated: September 12, 2014.
Stephanie L. Richardson,
Secretary to the Commission.
[FR Doc. 2014-22358 Filed 9-25-14; 8:45 am]
BILLING CODE 7040-01-P
