Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Proposed Rules 57271 

comments on the ARC 

recommendations; the FAA is not 

reopening the comment period on the 

NPRM. 

Issued in Washington, DC, on September 

29, 2008. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. E8–23199 Filed 10–1–08; 8:45 am] 

BILLING CODE 4910–13–P 

SUSQUEHANNA RIVER BASIN 

COMMISSION 

18 CFR Part 806 

Review and Approval of Projects 

AGENCY: Susquehanna River Basin 

Commission. 

ACTION: Notice of proposed rulemaking 

and public hearing. 

SUMMARY: This document contains 

proposed rules that would amend the 

project review regulations of the 

Susquehanna River Basin Commission 

(Commission) by requiring review and 

approval of any natural gas well 

development project targeting the 

Marcellus, Utica or other shale 

formations and involving the 

withdrawal or consumptive use of 

waters of the Susquehanna River Basin, 

adding a provision providing for a 

specific approval by rule process for 

consumptive water use associated with 

such projects and modifying the 

definition of project. In addition, two 

editorial changes are made to the 

existing approval by rule provision 

related to the consumptive use of water 

withdrawn from public water supply 

systems to make that provision 

consistent with the new approval by 

rule provision for natural gas well 

development projects. 

DATES: Public hearings will be held on 

October 21 and October 22, 2008, 

beginning at 7 p.m. regarding this 

proposed rulemaking action. The 

locations of the hearings are listed in the 

ADDRESSES section of this notice. The 

deadline for submission of written 

comments on the proposed rulemaking 

is October 31, 2008. 

ADDRESSES: The October 21 2008, public 

hearing will be held at Lycoming 

College, Academic Center, Lecture Hall 

Room D001, Mulberry Street, 

Williamsport, PA 17701; the October 22, 

2008, public hearing will be held at 

Binghamton University, State University 

of New York, Lecture Hall Complex, 

Lecture Hall 1, Route 434 (Vestal 

Parkway East), Binghamton, NY 13903. 

Written comments may be submitted by 

mail to Mr. Richard A. Cairo, 

Susquehanna River Basin Commission, 

1721 N. Front Street, Harrisburg, PA 

17102–2391 or by e-mail to 

rcairo@srbc.net. 

FOR FURTHER INFORMATION CONTACT: 

Richard A. Cairo, General Counsel, 717– 

238–0423; Fax: 717–238–2436; e-mail: 

rcairo@srbc.net. Also, for further 

information on the proposed 

rulemaking, visit the Commission’s Web 

site at www.srbc.net. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose of 

Amendments 

As a result of advances in hydraulic 

fracturing, and higher natural gas prices, 

natural gas well development activity in 

the Susquehanna River Basin has 

increased dramatically in the past year, 

resulting in a large number of project 

applications being filed with the 

Commission seeking approval for the 

withdrawal and consumptive use of 

water for that activity. The Commission 

is hereby proposing a rulemaking action 

to handle the large and immediate 

influx of project applications, and to 

avoid adverse, cumulative adverse or 

interstate effects to the water resources 

of the basin. 

The proposed rule modifies the 

definition of ‘‘project ‘‘for purposes of 

natural gas well development, requires 

review and approval of any natural gas 

well development project involving the 

withdrawal or consumptive use of 

water, and adds a specific approval by 

rule process associated with the 

consumptive use of water by such 

projects. The Commission’s current 

approval by rule process is available for 

use only if the sole source of water is 

a public water supply system. Under the 

contemplated rule change, the approval 

by rule process would allow for the 

consumptive use of wastewater, acid 

mine water and other sources of water 

for natural gas well development 

projects. The proposal would not 

change the current process used to 

review groundwater or surface water 

withdrawals. 

In addition, two editorial changes are 

made to the existing approval by rule 

provision relating to the consumptive 

use of water withdrawn from public 

water supply systems to make that 

provision consistent with the new 

approval by rule provision for natural 

gas well development projects. 

List of Subjects in 18 CFR Part 806 

Administrative practice and 

procedure, Water resources. 

For the reasons set forth in the 

preamble, the Susquehanna River Basin 

Commission proposes to amend 18 CFR 

part 806 as follows: 

PART 806—REVIEW AND APPROVAL 

OF PROJECTS 

Subpart A—General Provisions 

1. The authority citation for part 806 

continues to read as follows: 

Authority: Secs. 3.4, 3.5(5), 3.8, 3.10 and 

15.2, Pub. L. 91–575, 84 Stat. 1509 et seq. 

2. In § 806.3, revise the definition of 

‘‘project’’ to read as follows: 

§ 806.3 Definitions. 

* * * * * 

Project. Any work, service, activity, or 

facility undertaken, which is separately 

planned, financed or identified by the 

Commission, or any separate facility 

undertaken or to be undertaken by the 

Commission or otherwise within a 

specified area, for the conservation, 

utilization, control, development, or 

management of water resources, which 

can be established and utilized 

independently, or as an addition to an 

existing facility, and can be considered 

as a separate entity for purposes of 

evaluation. For purposes of natural gas 

well development activity, the project 

shall be considered to be the drilling 

pad upon which one or more 

exploratory or production wells are 

undertaken, and all water-related 

appurtenant facilities and activities 

related thereto. 

* * * * * 

3. In § 806.4, amend paragraph (a) by 

adding paragraph (a)(8) to read as 

follows: 

§ 806.4 Projects requiring review and 

approval. 

(a) * * * 

* * * * * 

(8) Any natural gas well development 

project in the basin targeting the 

Marcellus, Utica or other shale 

formations for exploration or production 

of natural gas involving a withdrawal or 

consumptive use of waters of the basin, 

regardless of the quantity of such 

withdrawal or consumptive use. The 

project sponsor shall submit the 

appropriate application(s) in accordance 

with subpart B of this part and the 

project shall be subject to the applicable 

standards set forth in subpart C of this 

part. 

* * * * * 

4. In § 806.22, revise paragraph (e)(1) 

introductory text, (e)(1)(ii), and add a 

new paragraph (f) to read as follows: 

§ 806.22 Standards for consumptive uses 

of water. 

* * * * * 

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57272 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Proposed Rules 

(e) * * * 

(1) Except with respect to projects 

involving natural gas well development 

subject to the provision of paragraph (f) 

of this section, any project whose sole 

source of water for consumptive use is 

a public water supply withdrawal, may 

be approved under this paragraph (e) in 

accordance with the following, unless 

the Commission determines that the 

project cannot be adequately regulated 

under this approval by rule: 

(i) * * * 

(ii) Within 10 days after submittal of 

an NOI under paragraph (e)(1)(i) of this 

section, the project sponsor shall submit 

to the Commission proof of publication 

in a newspaper of general circulation in 

the location of the project, a notice of 

intent to operate under this approval by 

rule, which contains a sufficient 

description of the project, its purposes 

and its location. This notice shall also 

contain the address, electronic mail 

address and telephone number of the 

Commission. 

* * * * * 

(f) Approval by rule for consumptive 

use related to natural gas well 

development. 

(1) Any project involving the 

development of natural gas wells subject 

to review and approval under §§ 806.4, 

806.5, or 806.6 of this part shall be 

subject to review and approval under 

this paragraph (f) regardless of the 

source or sources of water being used 

consumptively. 

(i) Notification of Intent: No fewer 

than 60 days prior to undertaking a 

project or increasing a previously 

approved quantity of consumptive use, 

the project sponsor shall: 

(A) Submit a Notice of Intent (NOI) on 

forms prescribed by the Commission, 

and the appropriate application fee, 

along with any required attachments. 

(B) Send a copy of the NOI to the 

appropriate agencies of the member 

state, and to each municipality and 

county in which the project is located. 

(ii) Within 10 days after submittal of 

an NOI under paragraph (f)(1)(i) of this 

section, the project sponsor shall submit 

to the Commission proof of publication 

in a newspaper of general circulation in 

the location of the project, a notice of 

intent to operate under this approval by 

rule, which contains a sufficient 

description of the project, its purposes 

and location and the sources, quantities 

and peak day use of water to be used 

consumptively by the project. This 

notice shall also contain the address, 

electronic mail address and telephone 

number of the Commission. 

(2) 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. Daily use monitoring 

shall include amounts delivered or 

withdrawn per source, per day, and 

amounts used per gas well, per day, for 

well drilling, hydrofracture stimulation, 

hydrostatic testing, and dust control. 

The foregoing shall apply to all water 

and fluids, including additives, 

flowback and brines, utilized by the 

project. 

(3) The standard conditions set forth 

in § 806.21 above shall apply to projects 

approved by rule, as well as any special 

conditions incorporated into such 

approvals. 

(4) The project sponsor shall comply 

with mitigation in accordance with 

§ 806.22(b)(2) or (b)(3). 

(5) Any produced flowback fluids or 

brines utilized by the project sponsor for 

hydrofracture stimulation undertaken at 

the project shall be separately accounted 

for, but shall not be included in the 

daily consumptive use amount 

calculated for the project, or be subject 

to the mitigation requirements of 

§ 806.22(b). 

(6) The project sponsor shall obtain 

all necessary permits or approvals 

required for the project from other 

federal, state or local government 

agencies having jurisdiction over the 

project. The Commission reserves the 

right to modify, suspend or revoke any 

approval under this paragraph (f) if the 

project sponsor fails to obtain or 

maintain such approvals. 

(7) The project sponsor shall 

demonstrate to the satisfaction of the 

Commission that all flowback and 

produced fluids, including brines, have 

been treated and disposed of in 

accordance with applicable state and 

federal law. 

(8) The Commission will grant or 

deny approval to operate under this 

approval by rule and will notify the 

project sponsor of such determination, 

including the sources and quantity of 

consumptive use approved. 

(9) Approval by rule shall be effective 

upon written notification from the 

Commission to the project sponsor, 

shall expire five years from the date of 

such notification, and rescind any 

previous consumptive use approvals to 

the extent applicable to the project. 

(10) Water withdrawals approved by 

the Commission pursuant to 

§ 806.4(a)(2) after the date of issuance of 

the approval by rule may be utilized as 

a source for the consumptive use 

authorized for the project provided such 

withdrawal source is approved for such 

use and is registered with the 

Commission at least 10 days prior 

thereto on a form and in a manner as 

prescribed by the Commission. 

(11) Approvals issued under this 

paragraph (f) shall not be transferable 

under § 806.6. 

Dated: September 16, 2008. 

Thomas W. Beauduy, 

Deputy Director. 

[FR Doc. E8–22805 Filed 10–1–08; 8:45 am] 

BILLING CODE 7040–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2008–0659, 

FRL–8723–8] 

Approval and Promulgation of 

Implementation Plans; New Jersey; 

Diesel Idling Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan revision 

submitted by New Jersey to revise its 

rules regarding the idling of dieselpowered vehicles. Specifically, the 

State’s implementation plan revision 

revises the exceptions to and 

exemptions from the State’s existing 

three-minute idling rule. The intended 

effect of this action is to approve, as 

consistent with section 110(a)(2) of the 

Clean Air Act, a control strategy that 

will help New Jersey achieve attainment 

of the National Ambient Air Quality 

Standards for ozone and fine particulate 

matter. 

DATES: Comments must be received on 

or before November 3, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

R02–OAR–2008–0659, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• E-mail: Werner.Raymond@epa.gov. 

• Fax: 212–637–3901. 

• Mail: Raymond Werner, Chief, Air 

Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Raymond Werner, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

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