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PA Bulletin, Doc. No. 16-1755

NOTICES

Public Hearings

[46 Pa.B. 6427]
[Saturday, October 8, 2016]

 The Susquehanna River Basin Commission (Commission) will hold four public hearings to hear testimony on a proposed consumptive water use mitigation policy as described in the Supplementary Information section of this notice. This policy was released in conjunction with the proposed rulemaking published at 81 FR 64812 (September 21, 2016). For more information on the proposed policy, visit the Commission's web site at www.srbc.net.

 In addition to the four public hearings, the Commission will be holding two informational webinars explaining the proposed policy, in conjunction with the proposed rulemaking, on October 11, 2016, and October 17, 2016. Instructions for registration for the webinars will be posted on the Commission's web site. Comments on the proposed policy may be submitted to the Commission on or before January 6, 2017.

 The location and schedule of the four public hearings on the proposed policy are:

 1. November 3, 2016, 2 p.m. to 5 p.m. or at the conclusion of public testimony, whichever is sooner; Harrisburg—Pennsylvania State Capitol (East Wing, Room 8E-B), Commonwealth Avenue, Harrisburg, PA 17120.

 2. November 9, 2016, 7 p.m. to 9 p.m. or at the conclusion of public testimony, whichever is sooner; Binghamton—DoubleTree by Hilton Hotel Binghamton (South Riverside Room), 225 Water Street, Binghamton, NY 13901.

 3. November 10, 2016, 7 p.m. to 9 p.m. or at the conclusion of public testimony, whichever is sooner; Williamsport—Holiday Inn Williamsport (Gallery Room), 100 Pine Street, Williamsport, PA 17701.

 4. December 8, 2016, 1 p.m. to 3 p.m. or at the conclusion of public testimony, whichever is sooner; Annapolis—Loews Annapolis Hotel (Powerhouse-Point Lookout), 126 West Street, Annapolis, MD 21401.

 For further information contact Jason Oyler, Esq., General Counsel, (717) 238-0423, Ext. 1312, fax (717) 238-2436.

Supplementary Information

 The Commission established regulatory requirements for consumptive water use in 18 CFR Part 806 (relating to review and approval of projects), including general provisions, application procedures, standards for review and terms of approval. The regulations provide for mitigation by project sponsors for their consumptive water use during low flow periods and identify several options for mitigation while reserving discretion for the Commission to determine if the manner of mitigation proposed is acceptable. In consideration that mitigation is based on the elimination of manmade impacts caused by consumptive water use during low flows and the return to natural flow conditions, and recent work in quantifying and characterizing consumptive water use and mitigation requirements in the basin, the Commission has refined its strategy for meeting mitigation needs. This policy, as posted on the Commission's Public Participation Center webpage at www.srbc.net/pubinfo/publicparticipation.htm introduces the Commission's consumptive water use mitigation strategy and procedures that should be followed both by the agency and project sponsors.

 The proposed policy is intended to provide insight regarding the determination of an acceptable manner of mitigation to be provided by project sponsors for regulated consumptive water use. It also describes contemporary consumptive water use mitigation principles and the criteria utilized by the Commission in its review of proposed mitigation plans submitted as part of a consumptive water use application.

 The proposed policy applies to the review of all consumptive water use applications filed with the Commission, including applications for new projects, project modifications proposing to increase consumptive water use, project renewals, and pre-compact consumptive water use if located in a water critical area. It is also applicable on a case by case basis in limited circumstances. It has been developed to provide insight to the regulated community and also to the Commission's Project Review Program and any other staff involved in regulatory requirements of the Commission. It may also be used by the public to gain information and insight on the Commission's approach to consumptive water use mitigation.

Opportunity to Appear and Comment

 Interested parties may appear at the hearings to offer comments to the Commission on the proposed policy. The presiding officer reserves the right to limit oral statements in the interest of time and to otherwise control the course of the hearings. Guidelines for public hearings will be posted on the Commission's previously listed web site prior to the hearings for review. The presiding officer reserves the right to modify or supplement the guidelines at the hearings. Individuals who wish to testify are asked to notify the Commission in advance, if possible, in writing. Written comments or notification may be mailed to Jason E. Oyler, Esq., General Counsel, Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110-1788, or submitted electronically through the Commission's previously listed Public Participation Center webpage. Comments mailed or electronically submitted must be received by the Commission on or before January 7, 2017, to be considered.

Authority: Pub.L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806—808.

Dated: September 28, 2016.

ANDREW D. DEHOFF, 
Executive Director

 (Editor's Note: See 46 Pa.B. 6431 (October 8, 2016) for a proposed rulemaking relating to this notice.)

[Pa.B. Doc. No. 16-1755. Filed for public inspection October 7, 2016, 9:00 a.m.]



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