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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations SUSQUEHANNA RIVER BASIN
COMMISSION
18 CFR Part 806
Review and Approval of Projects Susquehanna River Basin Commission.
ACTION: Final rule.
AGENCY:

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 171101788.
FOR FURTHER INFORMATION CONTACT:
Jason E. Oyler, Esq., General Counsel and Secretary, telephone: 717238
0423, ext. 1312; fax: 7172382436;
email: joyler@srbc.net. Also, for further information, including a comment and response document, visit the Commissions website at http
www.srbc.net.
SUMMARY:

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 Commissions proposal to eliminate some of the triggers for the loss of grandfathering under 806.4a2. The commenter offered amended language for 806.4a2ii and iii for the Commissions consideration that would change the Commissions 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 Commissions current practice for the loss of grandfathering triggered by an increase
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in quantity from a grandfathered source.
The Commission declines to make this change. The preamble to the proposed rule makes the Commissions intent for the regulations clear, and the regulations reflect that intent. This rulemaking is intended to change the Commissions 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 806.4a3viii 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 Basins 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
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concerns by partner agencies. The final regulation does not pose any new threats or exacerbate existing threats to the quality of the Basins water resources. Withdrawals that supply outof-basin diversions by communities straddling the Basin divide will still be subject to the Commissions 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 806.24.
Thus, the concerns raised in the comment are addressed by the Commissions 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 806REVIEW AND APPROVAL
OF PROJECTS
1. The authority citation for part 806
continues to read as follows:

Authority: Secs. 3.4, 3.55, 3.8, 3.10 and 15.2, Pub. L. 91575, 84 Stat. 1509 et seq.

2. In 806.3:
a. Add in alphabetical order a definition for Captured stormwater;
b. Remove the definition of Hydrocarbon water storage facility;
and c. Add in alphabetical order definitions for Medium capacity source and Small capacity source.
The additions read as follows:

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.

3. Revise 806.4 to read as follows:
806.4 Projects requiring review and approval.

a Except for activities relating to site evaluation, to aquifer testing under
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