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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations
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6 Mitigation. The project sponsor shall comply with mitigation in accordance with paragraph b1iii or b2 or 3 of this section.

8 Decision. The Executive Director may grant, deny, suspend, revoke, modify or condition an approval to operate under this approval by rule, or renew an existing approval by rule previously granted hereunder, and will notify the project sponsor of such determination, including the quantity of consumptive use approved. Use of small capacity sources or sources used only for supply of potable water may be appropriately included as a part of this approval by rule in the discretion of the Executive Director.

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4 The project sponsor shall comply with metering, daily use monitoring and quarterly reporting as specified in 806.30, or as otherwise required by the approval by rule. The project sponsor shall submit a post-hydrofracture report in a form and manner as prescribed by the Commission.

11 In addition to water sources approved for use by the project sponsor pursuant to 806.4 or this section, for unconventional natural gas development or hydrocarbon development, whichever is applicable, a project sponsor issued an approval by rule pursuant to paragraph f9 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:
i Tophole water encountered during the drilling process, provided it is used only for drilling or hydrofracture stimulation.
ii Captured stormwater, provided it is used only for drilling or hydrofracture stimulation.
iii Drilling fluids, formation fluids, flowback or production fluids obtained from a drilling pad site, production well site or hydrocarbon water storage facility, provided it is used only for hydrofracture stimulation, and is handled, transported and stored in compliance with all standards and requirements of the applicable member jurisdiction.
12 A project sponsor issued an approval by rule pursuant to paragraph f9 of this section may utilize a source of water, except a public water supply, approved by the Commission pursuant to 806.4a and issued to persons other
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than the project sponsor, provided any such source is approved for use in unconventional natural gas development, or hydrocarbon development, whichever is applicable, the project sponsor has an agreement for its use and the project sponsor registers such source with the Commission on a form and in the manner prescribed by the Commission. Use of the registered source shall not commence until the Commission acknowledges in writing that the registration is proper and complete.
13 A project sponsor issued an approval by rule pursuant to paragraph f9 of this section may also utilize other sources of water, including but not limited to, water withdrawals or wastewater discharge not otherwise associated with an approval issued by the Commission pursuant to 806.4a, public water supplies, or another approval by rule issued pursuant to paragraph f9 of this section, provided such sources are first approved by the Executive Director. Any request for approval shall be submitted on a form and in the manner prescribed by the Commission, shall satisfy the notice requirements set forth in 806.15, and shall be subject to review pursuant to the standards set forth in subpart C of this part.

10. Amend 806.23 by revising the paragraph b subject heading and paragraph b4 and adding paragraphs b6 and 7 to read as follows:
806.23

Standards for water withdrawals.

b Limitations on and considerations for withdrawals.

4 The Commission may require the project sponsor to undertake the following, to ensure its ability to meet its present or reasonably foreseeable water needs from available groundwater or surface water without limitation:
i Investigate additional sources, interconnections or storage options to meet the demand of the project.
ii Submit a water resource development plan that shall include, without limitation, sufficient data to address any supply deficiencies, identify alternative water supply options, including interconnections, and support existing and proposed future withdrawals.

6 Notwithstanding this paragraph, existing withdrawals that successfully complete the process in 806.12h and i shall satisfy the standards in
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paragraph b2 of this section. Further, evaluation of the withdrawal shall include reasonably foreseeable need and the need for total system limits, compliance with 806.21, and any changes to the project or project location and setting.
i Approval of withdrawal limits on existing sources will not be set above the amount supported by the existing historical and current operating data or otherwise supported by the evaluation under 806.12, and may be set at a different rate if supported by the evaluation required in this paragraph.
ii Any approvals shall include metering and measurement of parameters consistent with 806.30, and may include conditions requiring monitoring of surface water features or other withdrawal sources.
iii If any reported metering or monitoring data or other information show a significant adverse impact to any consideration in paragraph b2 of this section, the Commission may take actions necessary to eliminate the significant adverse impact, including but not limited to requiring the project to undertake more data collection and analysis, aquifer testing and/or conditioning the docket approval.
7 Notwithstanding this paragraph, small capacity sources shall be subject to any withdrawal limit, including total system limit, set by the Commission and shall include metering and measurement of parameters consistent with 806.30.
11. Amend 806.34 by revising paragraph c2 to read as follows:

806.34

Emergencies.

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2 With the concurrence of the chairperson of the Commission and the commissioner from the affected member state, issue an emergency certificate for a term not to extend beyond the next regular business meeting of the Commission where the extension of the certificate may be included in the notice for the next regularly scheduled public hearing for that business meeting.

Dated: September 20, 2021.
Jason E. Oyler, General Counsel and Secretary to the Commission.
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