2022-11138. Regulatory Program Fees and Water Charges Rates  

  • Start Preamble

    AGENCY:

    Delaware River Basin Commission.

    ACTION:

    Final rule.

    SUMMARY:

    Notice is provided of the Delaware River Basin Commission's regulatory program fees and schedule of water charges for the fiscal year beginning July 1, 2022.

    DATES:

    This final rule is effective July 1, 2022.

    Start Further Info

    FOR FURTHER INFORMATION CONTACT:

    Elba L. Deck, CPA, Director of Finance and Administration, 609-883-9500, ext. 201.

    End Further Info End Preamble Start Supplemental Information

    SUPPLEMENTARY INFORMATION:

    The Delaware River Basin Commission (“DRBC” or “Commission”) is a Federal-interstate compact agency charged with managing the water resources of the Delaware River Basin on a regional basis without regard to political boundaries. Its members are the governors of the four basin states—Delaware, New Jersey, New York and Pennsylvania—and on behalf of the federal government, the North Atlantic Division Commander of the U.S. Army Corps of Engineers.

    In accordance with 18 CFR 401.43(c), on July 1 of every year, the Start Printed Page 31417 Commission's regulatory program fees as set forth in Tables 1, 2, and 3 of that section are subject to an annual adjustment, commensurate with any increase in the annual April 12-month Consumer Price Index (CPI) for Philadelphia published by the U.S. Bureau of Labor Statistics during that year. Pursuant to 18 CFR 420.41(c), the same indexed adjustment applies to the Commission's schedule of water charges for consumptive and non-consumptive withdrawals of surface water within the basin. The referenced April 12-month CPI for 2022 showed an increase of 8.38%. Commensurate adjustments are thus required.

    This notification is made in accordance with 18 CFR 401.43(c) and 18 CFR 420.41(c), which provide that a revised fee schedule will be published in the Federal Register by July 1. The revised fees also may be obtained by contacting the Commission during business hours or by checking the Commission's website.

    Start List of Subjects

    List of Subjects

    18 CFR Part 401

    • Administrative practice and procedure
    • Project review
    • Water pollution control
    • Water resources

    18 CFR Part 420

    • Water supply
    End List of Subjects

    For the reasons set forth in the preamble, the Delaware River Basin Commission amends parts 401 and 420 of title 18 of the Code of Federal Regulations as set forth below:

    Start Part

    PART 401—RULES OF PRACTICE AND PROCEDURE

    End Part Start Amendment Part

    1. The authority citation for part 401 continues to read as follows:

    End Amendment Part Start Authority

    Authority: Delaware River Basin Compact (75 Stat. 688), unless otherwise noted.

    End Authority

    Subpart C—Project Review Under Section 3.8 of the Compact

    Start Amendment Part

    2. In § 401.43, revise Tables 1, 2, and 3 to read as follows:

    End Amendment Part
    Regulatory program fees.
    * * * * *

    Table 1 to § 401.43—Docket Application Filing Fee

    Project typeDocket application feeFee maximum
    Water Allocation$469 per million gallons/month of allocation,1 not to exceed $17,587.1 Fee is doubled for any portion to be exported from the basin.Greater of: $17,587 1 or Alternative Review Fee.
    Wastewater DischargePrivate projects: $1,172 1 Public projects: $5861Alternative Review Fee.
    Other0.4% of project cost up to $10,000,000 plus 0.12% of project cost above $10,000,000 (if applicable), not to exceed $87,934 1Greater of: $87,934 1 or Alternative Review Fee.
    1  Subject to annual adjustment in accordance with paragraph (c) of this section.

    Table 2 to § 401.43—Annual Monitoring and Coordination Fee

    Annual feeAllocation
    Water Allocation1  $352<4.99 mgm.
    1  $5285.00 to 49.99 mgm.
    1  $76250.00 to 499.99 mgm.
    1  $967500.00 to 9,999.99 mgm.
    1  $1,172> or = to 10,000 mgm.
    Annual feeDischarge design capacity
    Wastewater Discharge1  $352<0.05 mgd.
    1  $7150.05 to 1 mgd.
    1  $9611 to 10 mgd.
    1  $1,172>10 mgd.
    1  Subject to annual adjustment in accordance with paragraph (c) of this section.

    Table 3 to § 401.43—Additional Fees

    Proposed actionFeeFee maximum
    Emergency Approval Under 18 CFR 401.40$5,000Alternative Review Fee.
    Late Filed Renewal Surcharge$2,000
    Modification of a DRBC ApprovalAt Executive Director's discretion, Docket Application Fee for the appropriate project typeAlternative Review Fee.
    Name change1  $1,172
    Change of Ownership1  $1,759
    1  Subject to annual adjustment in accordance with paragraph (c) of this section.
    Start Part

    PART 420—BASIN REGULATIONS—WATER SUPPLY CHARGES

    End Part Start Amendment Part

    3. The authority citation for part 420 continues to read as follows:

    End Amendment Part Start Authority

    Authority: Delaware River Basin Compact, 75 Stat. 688.

    End Authority Start Amendment Part

    4. In § 420.41, revise paragraphs (a) and (b) to read as follows:

    End Amendment Part
    Schedule of water charges.
    * * * * *

    (a) $94 per million gallons for consumptive use, subject to paragraph (c) of this section; and Start Printed Page 31418

    (b) $0.94 per million gallons for non-consumptive use, subject to paragraph (c) of this section.

    * * * * *
    Start Signature

    Dated: May 18, 2022.

    Pamela M. Bush,

    Commission Secretary.

    End Signature End Supplemental Information

    [FR Doc. 2022-11138 Filed 5-23-22; 8:45 am]

    BILLING CODE P

Document Information

Effective Date:
7/1/2022
Published:
05/24/2022
Department:
Delaware River Basin Commission
Entry Type:
Rule
Action:
Final rule.
Document Number:
2022-11138
Dates:
This final rule is effective July 1, 2022.
Pages:
31416-31418 (3 pages)
Topics:
Administrative practice and procedure, Water pollution control, Water resources, Water supply
PDF File:
2022-11138.pdf
CFR: (2)
18 CFR 401.43
18 CFR 420.41