Proposed Amendments to the Rules of Practice and Procedure To Allow Each Signatory Party and the DRBC To Administer a Single Process for the Review and Adjudication of Projects, 28567-28568 [2015-12076]

Agencies

• Delaware River Basin Commission

[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Proposed Rules]
[Pages 28567-28568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12076]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Proposed 
Rules

[[Page 28567]]



DELAWARE RIVER BASIN COMMISSION

18 CFR Part 410


Proposed Amendments to the Rules of Practice and Procedure To 
Allow Each Signatory Party and the DRBC To Administer a Single Process 
for the Review and Adjudication of Projects

AGENCY: Delaware River Basin Commission.

ACTION: Proposed rule; notice of public hearing.

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SUMMARY: The Commission will hold a public hearing to receive comments 
on proposed amendments to its Administrative Manual Part III--Rules of 
Practice and Procedure (18 CFR part 401) to provide for DRBC and each 
of the parties to the Delaware River Basin Compact (United States 
Public Law 87-328, Approved September 27, 1961, 75 Statutes at Large 
688; 53 Delaware Laws, Chapter 71, Approved May 26, 1961; New Jersey 
Laws of 1961, Chapter 13, Approved May 1, 1961; New York Laws of 1961, 
Chapter 148, Approved March 17, 1961; and Pennsylvania Acts of 1961, 
Act No. 268, Approved July 7, 1961 (``the Compact'')--Delaware, New 
Jersey, New York, Pennsylvania and the federal government (``Signatory 
Parties'')--to coordinate and collaborate in the administration of a 
single process for the review and adjudication of projects. The 
program, called ``One Process/One Permit,'' (also herein, ``the 
Program'') will allow DRBC and administrative agencies of the Signatory 
Parties participating in the Program to incorporate the requirements 
and determinations of both DRBC and the Signatory Party agency into a 
single permit or other approval instrument.

DATES: The public hearing will start on or around 2 p.m. on Tuesday, 
June 9, 2015, during the Commission's regularly scheduled public 
hearing. The hearing will continue until all those wishing to testify 
have had an opportunity to do so. Depending upon the number of people 
wishing to speak, the hearing officer may impose time limits on 
speakers. Written comments will be accepted by any of the means 
described below and must be received by 5:00 p.m. on Wednesday, July 1, 
2015. More information regarding the procedures for the hearing and 
comments is set forth in the section ``Oral Testimony and Written 
Comments.''

ADDRESSES: The public hearing will be held at the Washington Crossing 
Historic Park Visitor's Center at 1112 River Road in Washington 
Crossing, Pennsylvania. Please check washingtoncrossingpark.org/contact/ for directions, as Internet mapping services provide 
unreliable directions to this location.
    Oral Testimony and Written Comments: Persons wishing to testify at 
the hearing are asked to register in advance by contacting Paula 
Schmitt at 609-883-9500, ext. 224 or paula.schmitt@drbc.state.nj.us. 
Written comments may be submitted as follows: If by email (preferred), 
to paula.schmitt@drbc.state.nj.us; by fax, to Commission Secretary at 
609-883-9522; by U.S. Mail, to Commission Secretary, DRBC, P.O. Box 
7360, West Trenton, NJ 08628-0360; or by overnight mail, to Commission 
Secretary, DRBC, 25 State Police Drive, West Trenton, NJ 08628-0360. 
Comments also may be delivered by hand at any time during DRBC's 
regular office hours (Monday through Friday, 8:30 a.m. through 5:00 
p.m. except on national holidays) until the close of the comment 
period. In all cases, please include the commenter's name, address and 
affiliation, if any, in the comment document and ``One Process/One 
Permit'' or ``OPOP'' in the subject line.

FOR FURTHER INFORMATION CONTACT: The rule text is available on the DRBC 
Web site, DRBC.net. Also posted to the Web site are an extensive FAQ 
document; DRBC Resolution No. 2015-4, authorizing the Executive 
Director to initiate rulemaking and enter into an administrative 
agreement with the New Jersey Department of Environmental Protection 
(NJDEP) for demonstration of the Program; and the administrative 
agreement between DRBC and the NJDEP to provide for the demonstration 
program, which includes provisions for fully implementing One Process/
One Permit once a final rule has been adopted. Detailed procedures of 
the DRBC for public hearings, public meetings and ``Public Dialogue'' 
are available on the web at: https://www.state.nj.us/drbc/library/documents/procedures120414.pdf. For further information, please contact 
Commission Secretary Pamela M. Bush, 609-477-7203.

SUPPLEMENTARY INFORMATION:

Background

    Because DRBC and its Signatory Parties share common water resource 
management objectives, sponsors of many water resource-related projects 
in the Delaware River Basin are currently required to apply to both the 
DRBC and a state agency, among others, for approvals. The proposed rule 
provides for DRBC and the administrative agencies of the Signatory 
Parties to identify regulatory programs that by mutual agreement will 
be managed through a single process resulting in one decision or 
approval. Agreements between DRBC and federal agencies are possible 
under the rule, but none are currently contemplated.
    One Process/One Permit is intended to promote interagency 
cooperation and collaboration on shared mission objectives, achieve 
regulatory program efficiencies, avoid unnecessary duplication of 
effort, and reduce the potential for confusion on the part of regulated 
entities and the public. The regulatory standards and authorities of 
the DRBC and each of its Signatory Parties are expressly preserved by 
the Program, including in the proposed rule. The more protective of the 
applicable DRBC or Signatory Party agency's requirements will be 
included in each permit or approval issued under the Program.
    The proposed rule provides for DRBC and each Signatory Party agency 
choosing to implement One Process/One Permit to enter into an 
administrative agreement that identifies the types of projects and 
approvals to be covered. Initially, the Program is expected to be 
implemented for (a) withdrawals of basin waters subject to both DRBC 
review and state allocation programs; and (b) wastewater discharges 
subject to DRBC review and the state-administered National Pollutant 
Discharge Elimination System (NPDES) program. For water withdrawals, 
the lead agency under One Process/One Permit may be the state or the 
DRBC, depending upon current state programs.

[[Page 28568]]

The delegated state environmental agencies will be lead agencies for 
the review of wastewater discharges. Other regulatory programs, such as 
programs relating to floodplain management, could be included in the 
future. All administrative agreements between DRBC and agencies of the 
Signatory Parties for implementing One Process/One Permit will be 
subject to Commission approval following a public hearing.

Authority

    Sections 1.5 and 3.9 of the Compact and existing DRBC rules allow 
and encourage the Commission to use the agencies of the Signatory 
Parties wherever feasible and advantageous consistent with the Compact. 
Accordingly, under the proposed rule, permits issued by Signatory Party 
agencies may include a finding required by Section 3.8 of the Compact. 
Specifically, after the rule and amended agreements are in place, based 
on the appropriate level of review and a recommendation by the DRBC 
staff, approvals issued under the Program may include the finding that 
when operated in accordance with the terms and conditions of the 
approval, the activities regulated by the approval will not 
substantially impair or conflict with DRBC's comprehensive plan.

Operation of the Program

    Under the proposed rule, an application for initial approval, 
renewal or revision of project activities subject to the One Process/
One Permit program will be filed only with the lead agency. This does 
not mean that the DRBC or others will not be involved in the review of 
applications for new and renewal water withdrawal and discharge 
projects. Rather, DRBC and the Signatory Party agency will follow a 
single process, and reviews will be performed more efficiently and more 
collaboratively.
    Consistent with the proposed rule, the agreements between DRBC and 
Signatory Party agencies will provide for a level of DRBC review 
appropriate to the circumstances. Some reviews, such as those for 
simple and standard renewals of existing permits, may be significantly 
streamlined or subject to inter-agency notifications only. Others, 
including to implement standards for which the DRBC staff have special 
expertise, will involve substantial DRBC staff effort. For example, 
under the wastewater discharge program, DRBC staff will continue to 
perform modeling to determine ``No Measurable Change'' requirements for 
the Commission's Special Protection Waters program and to calculate an 
alternative mixing zone for a discharge of treated industrial 
wastewater to the Delaware Estuary. For certain projects, DRBC staff 
also will continue to identify conditions of approval to ensure that 
projects subject to review under the Compact and implementing 
regulations do not impair or conflict with the Commission's 
comprehensive plan. The purpose of One Process/One Permit is to 
eliminate unnecessary effort, not to eliminate effort needed to fully 
review a project under all applicable standards and rules. Under the 
Program, each party continues to recognize the authority of the other 
to promulgate rules, regulations and standards. The rule does not 
change that authority.
    Notably, a separate DRBC review and decision for water withdrawal 
and discharge activities will still be required in certain cases, such 
as when a new project must be incorporated into the Commission's 
comprehensive plan. Both parties also will retain the right to act 
separately, such as in the instances, anticipated to be rare, where the 
parties cannot agree on the terms and conditions of approval. Certain 
categories of projects that are subject to DRBC review will not be 
covered by the Program, and the Executive Director and Commissioners 
will have the ability to remove a project from the Program. However, 
the objective of One Process/One Permit is to encompass most, if not 
all, elements of the review and approval for covered projects.
    The proposed rule does not modify the existing project review fee 
schedule of the DRBC or that of any Signatory Party agency. Although 
One Process/One Permit is expected to improve process efficiency, in 
many instances as described above, the DRBC will devote significant 
resources and work effort to review projects and support its regulatory 
programs. Accordingly, the DRBC regulatory program will continue for 
the present to be supported by its existing regulatory program fees. 
The Commission's fee schedule set forth in Resolution No. 2009-2 will 
remain in effect unless and until the Commission amends it through 
rulemaking or a comparable public process. Under One Process/One 
Permit, all DRBC fees applicable under current practices will continue 
to be paid directly to the Commission.
    The proposed rule provides that persons aggrieved by the final 
action of a state agency on behalf of the Commission under One Process/
One Permit must exhaust their administrative remedies under the law of 
the Signatory Party agency that issued the decision.

New Jersey Demonstration Program

    By Resolution No. 2015-4 approved by the Commission on March 11, 
2015, DRBC and NJDEP have agreed to ``practice'' using new 
collaborative processes between the two agencies for the review of 
wastewater discharge applications, pending the adoption of a new rule 
such as the one proposed today. The agreement between DRBC and NJDEP 
provides for the demonstration program and sets forth provisions needed 
to fully implement One Process/One Permit once a final rule has been 
adopted. In the event that a project reviewed under the New Jersey 
Demonstration Program reaches the stage where it is ready for final 
approval before DRBC has adopted a final rule, the application will be 
acted upon by DRBC and the NJDEP independently. As explained above, 
additional information about the New Jersey Demonstration Program is 
available on the Commission's Web site.

Preservation of the 1954 Supreme Court Decree

    In accordance with Sections 3.3(a) and 3.5 of the Compact, the 
proposed rule expressly provides that it does not grant authority to 
any Signatory Party agency to impair, diminish or otherwise adversely 
affect the diversions, compensating releases, rights, conditions, 
obligations and provisions for administration thereof provided in the 
United States Supreme Court decree in New Jersey v. New York, 347 U.S. 
995 (1954) (``Decree''). The rule further reiterates that any such 
action may be taken only by the Commission with the unanimous consent 
of the parties to the Decree or upon unanimous consent of the members 
of the Commission following a declaration of a state of emergency in 
accordance with Section 3.3(a) of the Compact.

No Effect on Section 401 State Water Quality Certification Programs

    The proposed rule also does not affect the authority of Signatory 
Party states to issue water quality certifications under Section 401 of 
the Clean Water Act.

    Dated: May 13, 2015.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 2015-12076 Filed 5-18-15; 8:45 am]
 BILLING CODE 6360-01-P