[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Proposed Rules]
[Pages 45766-45767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23058]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 /
Proposed Rules
[[Page 45766]]
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DELAWARE RIVER BASIN COMMISSION
18 CFR Part 401
Rules of Practice and Procedure; Proposed Amendments to
Administrative Manual--Rules of Practice and Procedure; Public Hearing
AGENCY: Delaware River Basin Commission.
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 review comments on proposed
amendments to its Rules of Practice and Procedure which are intended to
delete obsolete provisions, to clarify certain provisions of the rules
and better inform the signatory parties, applicants and the general
public with regard to the Commission's practices and procedures. The
proposed revisions conform the rules to existing Commission
interpretations and practices.
DATES: The public hearing will be held on October 22, 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 deadline for inclusion of written comments in the hearing
record will be announced at the hearing.
ADDRESSES: 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. Written comments should be submitted to Susan M.
Weisman, Delaware River Basin Commission, P.O. Box 7360, West Trenton,
New Jersey 08628.
FOR FURTHER INFORMATION CONTACT: Susan M. Weisman, Commission
Secretary, Delaware River Basin Commission, P.O. Box 7360, West
Trenton, New Jersey 08628. Telephone (609) 883-9500 ext. 203.
SUPPLEMENTARY INFORMATION:
Background and Rationale
The Rules of Practice and Procedure of the Delaware River Basin
Commission have been modified and changed periodically since they were
originally adopted December 13, 1961. There has not been a
comprehensive review of these rules, however, for more than twenty
years.
The proposed revisions are summarized below.
1. Deletion of Article 4, Environmental Impact Statements, and Related
Sections
Existing Article 4 sets forth DRBC's requirements with regard to
environmental impact statements and reviews. Although these provisions
have remained in DRBC's Rules, a copy of DRBC Resolution No. 80-11
suspending those provisions of the Commission's Rules of Practice and
Procedure relating to environmental assessments has been inserted at
the end of the existing rules. Since the adoption of this Resolution in
1980, the Commission has not conducted environmental assessments
pursuant to DRBC's rules. The continued inclusion of these suspended
sections, however, has been a source of confusion and misunderstanding
to many individuals and groups interested in DRBC's review
requirements. For example, when DRBC recently solicited public comments
concerning its regulations for controlling toxic pollutants in the
Delaware River Estuary, comments were received suggesting that DRBC had
not complied with the environmental review requirements under its
rules.
When Resolution No. 80-11 to suspend was adopted, the Resolution
would have permitted reinstatement of environmental reviews if
``financial resources are developed.'' The experiences of the last 17
years, and the financial constraints that have developed recently, make
it clear that Federal or other funding is not likely to be available
for the foreseeable future.
To avoid continuing confusion, the deletion of Article 4 is
proposed. DRBC's review of projects, however, will continue to require
all projects to comply with all environmental and other policies in the
Commission's Comprehensive Plan.
2. Review of Projects Having a Non-Substantial Impact on Basin Waters
In 1976 the Commission adopted Resolution No. 76-20 which provided
two administrative changes designed to reduce the project review
activity of DRBC staff.
The first was an attempt to provide more flexibility in the
determination of what constitutes substantial projects resulting in
more projects determined to be nonsubstantial and not subject to
Commission review. Experience with a few projects indicated the process
was not cost effective and staff reverted back to strictly following
the exemptions list in the Rules Section 2.3.5(a). The 1976 revisions
included in Sections 2.3.4 and 2.3.5(d) which provided for this
procedure have not been applied since 1978.
The second administrative change provided for in Sections 2.3.5(e),
2.3.9 (b) and (c) was to have state staff review and submit a
determination (called an action report) that each project forwarded to
the Commission did not impair or conflict with the DRBC's Comprehensive
Plan. Even though three states signed new administrative agreements to
implement this procedure, state staffs did not provide the
determinations and the procedure was never implemented.
Section 2.3.10 is proposed to be deleted and all rules regarding
hearings are proposed to be consolidated in revised Article 6.
Summary of Proposed Revisions
1. Introduction
In view of the changes included within the proposed revision, the
Introduction has been rewritten to update the description of what is
included in the Commission's Rules of Practice and Procedure.
2. Article 1--Comprehensive Plan
The proposed revisions to this article clarify the meaning of
Comprehensive Plan within DRBC's rules. The revisions further clarify
the procedure related to application for inclusion of projects within
the Comprehensive Plan and the review by the Commission of proposals
for changes and additions to the Comprehensive Plan. These revisions
conform with existing Commission interpretation of the provisions
within Article 1.
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3. Article 2--Water Resources Program
No proposed revisions to this article are recommended at this time.
4. Article 3--Project Review Under Section 3.8 of the Compact
(a) The proposed revisions to Article 3 relating to environmental
reviews and non-substantial projects are discussed above.
(b) The proposed revision would delete Section 2-3.5.1. The
regionalization policy was slightly modified with the adoption of
revised Water Quality Regulations in December 1992 (Section 2.30, Basin
Regulation--Water Quality). Deleting these requirements eliminates
confusion and allows the more recent and flexible policy to control.
The revised rule would add (6) in Section 2.1.4 requiring applications
to include a discussion of the alternates considered and in Section
2.3.8 (a) ``Exhibits to Accompany Application'', it would revise (8) to
include analysis and conclusions of regional water supply and waste
water investigations.
(c) The proposed revision would also delete Section 2.3.5.2. This
policy was adopted in 1971, Resolution No. 71-3, when the DRBC was
involved in four or five nuclear plants and several major expansions or
new fossil fuel plants, all by the seven major electric utilities
serving the Basin. Planning at that time centered around mega stations
of 1000 to 3000 Megawatts and use of multi MGD of water. Future
locations of such large single use water demands was essential for any
future water resource planning. A consortium of the utilities was
formed known as DRBEUG (Delaware River Basin Electric Utilities Group)
to address this DRBC requirement. Between 1971 and 1989, periodic
siting studies were submitted to DRBC. In 1989 DRBEUG explained that
they no longer could present a comprehensive siting study since the
regulators were now encouraging NUGs (Non Utility Generators) and they
could not in any way appear to represent these non-utility electric
generators. Essentially, the major utilities have abandoned plans for
any new major stations. New applications for several years now have
been non-utility projects and generally no more than 200 MW. After
several meetings between DRBEUG and staff, it was concluded that the
siting study would no longer serve its intended purpose for DRBC.
(d) The remaining sections are intended to clarify the Commission's
procedures with regard to Section 3.8 applications and the review
thereof.
5. Article 4--Environmental Impact Statements
The Commission proposes deletion of the existing provisions of
Article 4 as discussed above. Article 4 will be reserved for future
use.
6. Article 5--Review in Water Quality Cases
The proposed revisions to Article 5 clarify that this article
applies to administrative actions and decisions by the Executive
Director. The procedures for review, hearing and decisions of
objections to the Executive Director's actions and decisions will be
pursuant to Article 6. The time for requesting a hearing is extended to
thirty days to conform with the thirty day period provided for in
Article 6. The remaining proposed changes are to broaden the wasteload
allocations section to cover allocations in general (including proposed
allocations of toxics) as well as the existing allocation program of
carbonaceous oxygen demand.
7. Article 6--Conduct of Hearings
The proposed revisions in this article reflect the practices
employed by the Commission in connection with hearings, clarify the
application of Article 6 to contested hearings and codify existing
practices with regard to such hearings.
8. Articles 7, 8 and 9
No changes to these articles are proposed at this time.
Copies of the full text of the proposed amendments to the
Administrative Manual--Rules of Practice and Procedure may be obtained
by contacting Susan M. Weisman at the address provided in FOR FURTHER
INFORMATION CONTACT. Persons wishing to testify are requested to notify
the Secretary in advance.
Dated: August 18, 1997.
Delaware River Basin Compact, 75 Stat. 688.
Susan M. Weisman,
Secretary.
[FR Doc. 97-23058 Filed 8-28-97; 8:45 am]
BILLING CODE 6360-01-P
