Susquehanna River Basin Commission – Federal Register Recent Federal Regulation Documents

This notice lists the projects approved by rule by the Susquehanna River Basin Commission during the period set forth in DATES.

This document contains proposed rules that would amend project review regulations to include provisions specifically requiring Commission approval of projects undergoing Federal Energy Regulatory Commission (FERC) and Nuclear Regulatory Commission (NRC) licensing actions that affect the basin's water resources; restricting the use of docket reopening petitions to avoid abuses of process; amending the ``Approval by Rule'' (ABR) process to standardize ABR notice procedures and allow for project sponsors to utilize approved water sources at approved drilling pad sites without the need for modification of the ABR; clarifying that the public hearing requirement for rulemaking shall be applicable to the proposed rulemaking stage of that process; and further providing for the time period within which administrative appeals must be filed.

The Susquehanna River Basin Commission will hold a public hearing as part of its regular business meeting beginning at 8:30 a.m. on June 18, 2009, in Binghamton, N.Y. At the public hearing, the Commission will consider: (1) Action on certain water resources projects; (2) action on two projects involving diversions; (3) the rescission of one previous docket approval; (4) enforcement actions against three projects; and (5) two requests for an administrative hearing on projects previously approved by the Commission. Details

At its regular business meeting on March 12, 2009, in Scranton, Pennsylvania, the Commission held a public hearing as part of its regular business meeting. At the public hearing, the Commission: (1) Approved, modified, and tabled certain water resources projects; (2) rescinded approvals for three water resources projects; and (3) adopted a ``Records Processing Fee Schedule.'' Details concerning these

At its regular business meeting on December 4, 2008, in Bel Air, Maryland, the Commission held a public hearing as part of its regular business meeting. At the public hearing, the Commission: (1) Approved and tabled certain water resources projects; (2) denied a request for extension of an emergency certificate issued on October 30, 2008; and (3) adopted a revised fee schedule to take effect on January 1, 2009. Details concerning these and other matters addressed at the public hearing and business meeting are contained in the Supplementary Information section of this notice.

This document contains amendments to the project review regulations of the Susquehanna River Basin Commission (Commission) requiring review and approval of any natural gas well development project targeting the Marcellus or Utica shale formations and involving the withdrawal, diversion, or consumptive use of waters of the Susquehanna River Basin, adding a provision providing for a specific approval by rule process for consumptive water use associated with such projects, and modifying the definitions of ``construction'' and ``project.'' In addition, editorial changes are made to the existing approval by rule provision related to the consumptive use of water withdrawn from public water supply systems to make that provision consistent with the new approval by rule provision for natural gas well development projects.

This document contains proposed rules that would amend the project review regulations of the Susquehanna River Basin Commission (Commission) by requiring review and approval of any natural gas well development project targeting the Marcellus, Utica or other shale formations and involving the withdrawal or consumptive use of waters of the Susquehanna River Basin, adding a provision providing for a specific approval by rule process for consumptive water use associated with such projects and modifying the definition of project. In addition, two editorial changes are made to the existing approval by rule provision related to the consumptive use of water withdrawn from public water supply systems to make that provision consistent with the new approval by rule provision for natural gas well development projects.

The Susquehanna River Basin Commission will hold a public hearing as part of its regular business meeting beginning at 1 p.m. on September 11, 2008, in Lewisburg, Pa. At the public hearing, the Commission will consider: (1) Approval of certain water resources projects; (2) enforcement actions for six projects; and (3) a request for extension of an emergency certificate issued on July 24, 2008. Details concerning the matters to be addressed at the public hearing and business meeting are contained in the Supplementary Information section of this notice.

The Susquehanna River Basin Commission will hold a public hearing as part of its regular business meeting beginning at 8:30 a.m. on June 12, 2008 in Elmira, New York. At the public hearing, the Commission will consider: (1) Approval of certain water resources projects, including one enforcement action, (2) consideration of a request to reopen Docket No. 20020819, Mountainview Thoroughbred Racing Association., Inc., and (3) a request for a hearing on an administrative appeal regarding Docket No. 20080305, Mountainview Thoroughbred Racing Association, Inc. Details concerning the matters to be addressed at the public hearing and business meeting are contained in the SUPPLEMENTARY INFORMATION section of this notice.

The Susquehanna River Basin Commission (SRBC) will hold a public hearing on April 23, 2008 in the Susquehanna Room, Pennsylvania Fish & Boat Commission, 1601 Elmerton Ave., Harrisburg, Pennsylvania 17110, beginning at 10 a.m. The purpose of the hearing is to receive comments on a proposed increase in the SRBC Consumptive Use Mitigation Fee and is being held in conjunction with a 60-day public comment period established for the proposal. Details concerning the subject matter of the public hearing are contained in the Supplementary Information section of this notice.

This document contains amendments to project review regulations. These amendments include language clarifying the definition of ``agricultural water use,'' and providing a qualified exception to the consumptive use approval requirements for agricultural water use projects. Also, an error in the ``Authority'' citation for Part 808 is corrected.

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.