[Federal Register Volume 62, Number 90 (Friday, May 9, 1997)]
[Proposed Rules]
[Pages 25569-25572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12069]
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DELAWARE RIVER BASIN COMMISSION
18 CFR Part 430
Protected Area Permits for New Withdrawals; Proposed Amendments
to the Commission's Ground Water Protected Area Regulations for
Southeastern Pennsylvania; Public Hearing
AGENCY: Delaware River Basin Commission.
[[Page 25570]]
ACTION: Notice of proposed rulemaking and public hearing.
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SUMMARY: Notice is hereby given that the Delaware River Basin
Commission will hold a public hearing to receive comments on proposed
amendments to its Ground Water Protected Area Regulations for
Southeastern Pennsylvania with respect to the establishment of
numerical ground water withdrawal limits for subbasins in the protected
area. The proposed limits, based upon hydrologic budget analyses, would
initially be specified for the 14 subbasins in the Neshaminy Creek
Basin. Limits for the remaining 52 subbasins within the protected area
would be developed upon completion of additional hydrologic budget
analyses, scheduled to be completed late in 1997.
DATES: The public hearing will be held on Tuesday, June 24, 1997
beginning at 3:00 p.m. and continuing until 5:00 p.m., as long as there
are people present wishing to testify. The hearing will resume at 7:00
p.m. and continue until 9:00 p.m., as long as there are people present
wishing to testify.
The deadline for inclusion of written comments in the hearing
record will be announced at the hearing. Persons wishing to testify at
the hearing are requested to register with the Secretary in advance of
the hearing.
ADDRESSES: Written comments should be submitted to Susan M. Weisman,
Delaware River Basin Commission, P.O. Box 7360, West Trenton, New
Jersey 08628. The public hearing will be held in the Goddard Conference
Room of the Commission's offices at 25 State Police Drive, West
Trenton, New Jersey.
FOR FURTHER INFORMATION CONTACT: Copies of the Commission's Ground
Water Protected Area Regulations for Southeastern Pennsylvania may be
obtained by contacting Susan M. Weisman, Commission Secretary,
telephone (609) 883-9500 ext. 203.
SUPPLEMENTARY INFORMATION:
Background and Rationale
The Commission's Ground Water Protected Area Regulations for
Southeastern Pennsylvania were adopted in 1980 to prevent depletion of
ground water, protect the interests and rights of lawful users of the
same water source, and balance and reconcile alternative and
conflicting uses of limited water resources in the area. Lowered water
tables resulting from withdrawals in excess of recharge rates have led
to reduction of flows in some perennial streams in the region and have
dried up some stream reaches which previously flowed all year. Such
reductions in base flow interfere with instream and downstream water
uses, adversely affect fisheries and aquatic life, and threaten to
reduce the capacity of streams in the region to assimilate pollutants.
Since then, the ground water protected area regulations have been
implemented and all interference issues have been addressed, with many
sources limited to more reliable quantities. In addition, other
alternative supplies have been made available in much of the protected
area. While it is clear that ground water withdrawals have impacted the
low flow of perennial streams, it has been difficult to address the
impact on streamflow on a project by project basis. With this in mind,
the Commission and its Ground Water Advisory Committee evaluated a
variety of approaches and determined that additional information was
needed. In 1996, the U.S. Geological Survey completed work on a
computer program to more accurately compare water withdrawals and
ground water base flow in the Neshaminy Creek Basin. Over the past
year, the Commission's Ground Water Advisory Committee met on several
occasions to review the study products and discuss possible management
strategies to address the problems identified by the study. Commission
staff has presented the study results and options to some 15 county
planning entities, state and federal agencies and watershed, civic and
professional organizations. Finally, the Commission held public
briefings on the proposed amendments to the regulations on April 8,
1997 in Doylestown, Pennsylvania and on April 10, 1997 in West Chester,
Pennsylvania.
The proposed amendments to the Ground Water Protected Area
Regulations would establish a two-tiered system of withdrawal limits.
The first tier would serve as a warning that a subbasin is
``potentially stressed.'' In potentially stressed subbasins, applicants
for new or expanded ground water withdrawals would be required to
implement one or more programs to mitigate adverse impacts of
additional ground water withdrawals. Acceptable programs would include:
conjunctive use of ground water and surface water; expanded water
conservation; programs to control ground water infiltration; and
artificial recharge and spray irrigation. The second tier would serve
as the maximum withdrawal limit. The Commission would seek to prevent
ground water withdrawals from exceeding the maximum withdrawal limit.
The proposed regulations would also provide incentives for holders
of existing DRBC dockets and protected area permits to implement the
above-cited conjunctive use and conservation programs to mitigate the
adverse impacts of their ground water withdrawals. If docket or permit
holders successfully implement one or both programs, the Commission
would extend the docket or permit duration for up to ten years.
The proposed regulations would also specify administrative criteria
for issuing and review of dockets and permits as well as protocol for
updating and revising withdrawal limits to provide additional
protection for streams designated by the Commonwealth of Pennsylvania
as ``high quality'' or ``exceptional value'', or to correspond with any
integrated resources plans adopted by municipalities for subbasins.
This regulation would become effective upon adoption by the Commission.
The ground water study which provided the basis for the proposed
withdrawal limits for the 14 subbasins in the Neshaminy Creek Basin was
prepared by the U.S. Geological Survey in cooperation with the
Commission and is entitled ``Water-Use Analysis Program for the
Neshaminy Creek Basin, Bucks and Montgomery Counties, Pennsylvania.''
Limited quantities of this report and its accompanying map series
entitled ``Maps of Difference Between Ground-Water Contributions to
Base Flow for the Various Recurrence Intervals and Ground Water
Withdrawals in the Neshaminy Creek Basin, Pennsylvania'' were printed
and may be reviewed at the Commission's offices at 25 State Police
Drive, West Trenton, New Jersey. Please contact Judith L. Strong,
Commission Librarian at (609) 883-9500 ext. 263 to make an appointment.
Review copies are also available at the offices of the Bucks County
Planning Commission (215) 345-3400; Bucks County Library Center (215)
348-9082; Montgomery County Planning Commission (Drew Shaw) (610) 278-
3733; the Chester County Library (Sue Wilson) (610) 363-0884; and
Lehigh Valley Planning Commission (610) 264-4544.
The subject of the hearing will be as follows:
Amendment to the Commission's Ground Water Protected Area
Regulations for Southeastern Pennsylvania Relating to the
Establishment of Numerical Ground Water Withdrawal Limits for
Subbasins in the Protected Area
For the reasons set forth in the preamble, part 430 is proposed to
be amended as follows:
[[Page 25571]]
PART 430--GROUND WATER PROTECTION AREA: PENNSYLVANIA
1. The authority citation for part 430 continues to read as
follows:
Authority: Pub. L. 87-328 (75 Stat. 688).
2. Section 430.13 is amended by adding new paragraphs (h) through
(m), to read as follows:
Sec. 430.13 protected area permits for new withdrawals.
(h) Dockets and protected area permits may be issued for a duration
of up to ten years and shall specify the maximum total withdrawals that
must not be exceeded during any consecutive 30-day period. Such maximum
total withdrawals shall be based on demands projected to occur during
the duration of the docket or protected area permit.
(i) Ground water withdrawal limits shall be defined for subbasins
in accordance with the provisions of paragraph (i) (1) or (2) of this
section. The limits for specific subbasins are set forth in paragraph
(i)(3) of this section.
(1) Hydrologic budget analyses shall be conducted for all subbasins
in the Southeastern Pennsylvania Ground Water Protected Area. The
analyses shall determine the 1-year-in-25 average annual baseflow rate.
The 1-year-in-25 average annual baseflow rate shall serve as the
maximum withdrawal limit for net annual ground water withdrawals for
subbasins. If net annual ground water withdrawals exceed 75 percent of
this rate for a subbasin, such a subbasin shall be deemed ``potentially
stressed.'' The Commission shall maintain a current list of net annual
ground water withdrawals for all subbasins. ``Net'' annual ground water
withdrawals include total ground water withdrawals less total water
returned to the ground water system of the same subbasin.
(2) Upon application by the appropriate governmental body or
bodies, the withdrawal limits criteria set forth in paragraph (i)(1) of
this section may be revised by the Commission to provide additional
protection for any subbasin identified in paragraph (i)(3) of this
section with streams or stream segments designated by the Commonwealth
of Pennsylvania as either ``high quality'' or ``exceptional value'' or
to correspond with more stringent requirements in integrated resource
plans adopted and implemented by all municipalities within a subbasin
identified in paragraph (i)(3) of this section. Integrated resource
plans shall set forth the hydrologic basis for more stringent
withdrawal limits and consider ground water availability, potential
impacts of withdrawals on flow frequency, and existing and future water
needs in the subbasin. Integrated resource plans shall be adopted and
implemented by all municipalities within a subbasin and incorporated
into each municipality's Comprehensive Plan, which is required by the
Pennsylvania Municipalities Planning Code.
(3) The potentially stressed levels and withdrawal limits for all
delineated basins and subbasins are set forth below:
Neshaminy Creek Basin
------------------------------------------------------------------------
Potentially Withdrawal
Subbasin stressed limit
(mgy) (mgy)
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West Branch Neshaminy......................... 1054 1405
Pine Run...................................... 589 785
North Branch Neshaminy........................ 845 1126
Main Stem Doylestown.......................... 713 950
Main Stem Warwick............................. 927 1236
Little Neshaminy Warrington................... 505 673
Park Creek.................................... 584 779
Little Neshaminy Warminster................... 1008 1344
Mill Creek.................................... 1175 1567
Main Stem Northampton......................... 593 791
Newtown Creek................................. 298 397
Core Creek.................................... 497 662
Ironworks Creek............................... 326 434
Main Stem Lower Neshaminy..................... 2876 3835
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Subject to public notice and hearing, this section may be updated
or revised based upon completion of hydrologic budget analyses for the
remaining 52 subbasins within the Protected Area or in accordance with
paragraph (i)(2) of this section.
(j) Upon its determination that a subbasin is potentially stressed,
the Commission shall notify all ground water users in the subbasin
withdrawing 10,000 gallons per day or more during any 30-day period of
its determination. If any such users have not obtained a docket or
protected area permit from the Commission, they shall be required to
apply to the Commission within 60 days of notification.
(k) In potentially stressed subbasins, dockets and protected area
permit applications for new or expanded ground water withdrawals must
include one or more programs to mitigate the adverse impacts of the new
or expanded ground water withdrawal. The eligible programs are noted
below. If the remainder of the application and the program(s) submitted
are acceptable, the withdrawal may be approved by the Commission for an
initial three-year period. The applicant shall implement the program(s)
immediately upon Commission approval. If after the three-year period
the program(s) is deemed successful by the Commission, the docket or
permit duration may be extended for up to 10 years. The project sponsor
shall be required to continue the program(s) for the duration of the
docket or permit.
(1) A conjunctive use program that demonstrates the applicant's
capability to obtain at least 15 percent of its average annual system
usage from a reliable surface water supply. An acceptable program shall
include either reservoir storage or an interconnection with a surface
water supplier and an agreement or contract to purchase water from the
supplier for the duration of the docket or permit.
(2) A water conservation program that exceeds the requirements of
Sec. 430.15. For existing water utilities, the program shall reduce
average annual per capita water usage by at least five percent. All
conservation programs shall include water conservation pricing, either
inclining block rates, seasonal rates, or excess-use surcharges, and
plumbing
[[Page 25572]]
fixture rebate or retrofit components. For self-supplied users, the
program shall include water efficient technologies such as recycling,
reuse, xeriscaping, drip or micro irrigation, or other innovative
technology approved by the Commission.
(3) A program to monitor and control ground water infiltration to
the receiving sewer system. The program must quantify ground water
infiltration to the system and document reductions in infiltration. The
program should include such measures as leakage surveys of sewer mains,
metering of sewer flows in mains and interceptors, analysis of sewer
system flows to quantify infiltration, and remedial measures such as
repair of leaks and joints, main lining, and main replacement.
(4) An artificial recharge or spray irrigation program that
demonstrates a return of at least 60 percent of the total new or
expanded annual withdrawal to the same ground water basin and aquifer
system from which it is withdrawn. The program shall not impair ground
water quality.
(l) The durations of all existing dockets and protected area
permits may be extended by the Commission for an additional five years
if the docket or permit holder successfully implements either option
(k)(1) or (k)(2) of this section. If the docket or permit holder
successfully implements both options, the docket or permit may be
extended for an additional ten years. The Executive Director shall
notify all docket and permit holders potentially affected by this
resolution of their right to file an application to determine their
eligibility for extension.
(m) It is the policy of the Commission to prevent, to the extent
reasonably possible, net annual ground water withdrawals from exceeding
the maximum withdrawal limit. An application for a proposed new or
expanded ground water withdrawal that would result in net annual ground
water withdrawals exceeding the maximum withdrawal limit established in
paragraph (i)(3) of this section shall set forth the applicant's
proposal for complying with the Commission's policy, with such
supporting documentation as may be required by the Executive Director.
Notification of the application shall be given to all affected existing
water users who may also submit comments or recommendations for
consideration by the Commission on the pending application. In taking
action upon the application, the Commission shall give consideration to
the submissions from the applicant and affected water users. If the
Commission determines that it is in the public interest to do so, it
may reduce the total of proposed and existing ground water withdrawals
within a subbasin to a level at or below the withdrawal limit. Unless
otherwise determined by the Commission, docket and permit holders shall
share equitably in such reductions.
Dated: May 2, 1997.
Susan M. Weisman,
Secretary.
[FR Doc. 97-12069 Filed 5-8-97; 8:45 am]
BILLING CODE 6360-01-P
