Susquehanna River Basin Commission – Federal Register Recent Federal Regulation Documents

The Susquehanna River Basin Commission will hold a public hearing as part of its regular business meeting beginning at 1:30 p.m. on December 5, 2007 in Lancaster, Pennsylvania. At the public hearing, the Commission will consider: (1) The approval of certain water resources projects, (2) enforcement actions involving three projects, (3) consideration of a request for an administrative hearing, (4) extension of two emergency water withdrawal certificates, and (5) revision of the Commission's current project fee schedule. Details concerning the matters to be addressed at the public hearing and business meeting are contained in the Supplementary Information section of this notice.

This document contains proposed rules that would amend project review regulations to clarify the definition of ``agricultural water use'' and to provide a qualified exception to the consumptive use approval requirements for agricultural water use projects. In addition, this proposed rule would make a technical correction to an error in the ``Authority'' citation for Part 808.

At a public hearing held on June 13, 2007 in North East, MD, the Susquehanna River Basin Commission approved certain water resources projects, accepted a settlement proposal, and incorporated two projects into the SRBC Comprehensive Plan, as described in the Supplementary Information section below. In other meeting action, the Commission heard informational presentations on: (1) The 2007 migratory fish runs through the fish passage facilities located at the lower Susquehanna River hydroelectric projects, (2) a Coastal Plain Aquifer Study being led by the U.S. Geological Survey Maryland District, and (3) hydrologic conditions in the basin indicating the occurrence of dry conditions during the month of May. The Commission also adopted the FY-2009 budget, elected Commission officers for FY-2008, approved/ratified several grants and contracts, and presented the SRBC Maurice K. Goddard Award to William A. Gast of the Pennsylvania Dept. of Environmental Protection. For further meeting details, visit the Commission's Web site at https://www.srbc.net.

At a public hearing held on March 14, 2007 in Altoona, Pa., the Susquehanna River Basin Commission approved certain water resources projects and rescinded three docket approvals identified in the Supplementary Information section below. In addition, the Commission tabled a show cause enforcement proceeding and rescheduled the proceeding for the June 2007 Commission meeting. In other meeting action, the Commission adopted a 2007 Water Resources Program pursuant to Section 14.2 of the Susquehanna River Basin Compact and approved revisions to its FY 2008 budget, Pub. L. 91-575. For further meeting details, visit the Commission's Web site at https://www.srbc.net.

Pursuant to its authority under the Susquehanna River Basin Compact, Pub. L. 91-575, 84 Stat. 1509 et seq. (the ``Compact'') and its Regulations for Review of Projects, 18 CFR Parts 803, 804 and 805, the SRBC, following a public hearing, approved certain water resources projects and took certain other actions listed below at its meeting held in Camp Hill, Pennsylvania on December 5, 2006. Opportunity For Review: In accordance with Section 3.10(6) of the Compact and Paragraph (o) of the Federal Reservations to the Compact, all such actions of the SRBC are reviewable in federal district court provided that an action for such review is commenced within 90 days from the effective date of the determination sought to be reviewed. For purposes of judicial review, the effective date for actions identified in this notice shall be the date of publication of this notice.

Pursuant to its authority under the Susquehanna River Basin Compact, Pub. L. 91-575, 84 Stat. 1509 et seq. (the ``Compact'') and its Regulations for Review of Projects, 18 CFR parts 803, 804 and 805, the SRBC will hold a public hearing to consider approval of certain water resources projects listed below, including two projects involving diversions, at its meeting to be held on December 5, 2006 at the Radisson Penn Harris Hotel and Convention Center, 1150 Camp Hill By- Pass, Camp Hill, Pa. 17011, beginning at 1 p.m. Also to be considered as part of this same public hearing will be (1) A final rule making action (see proposed rules, Federal Register, July 7, 2006, page 38692), (2) incorporation of the final rule making action into the SRBC Comprehensive Plan for Management and Development of the Water Resources of the Susquehanna River Basin; and (3) a revision of the Commission's current project fee schedule to make certain annual adjustments to that schedule and to conform the fee schedule to the final rule making action. Opportunity to appear and comment: Interested parties may appear at the above hearing to offer written or oral comments to the Commission on the listed projects or the other matters to be schedule for action at the hearing. Written comments may also be submitted to the electronic and regular mail addresses listed below. The chair of the Commission reserves the right to limit oral statements at the hearing in the interest of time and to otherwise control the course of the hearing.

This document contains extensive amendments to project regulations concerning standards and hearings/enforcement actions. Because revisions are too numerous to show within the original regulations, proposed parts 803, 804 and 805 are being published here in their entirety, with an explanation of changes in the SUPPLEMENTARY INFORMATION section below. These regulations provide the procedural and substantive rules for SRBC review and approval of water resources projects and the procedures governing hearings and enforcement actions. These amendments include additional due process safeguards, add new standards for projects, improve organizational structure, incorporate recently adopted policies and clarify language.