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PA Bulletin, Doc. No. 20-1243

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Great Lakes-St. Lawrence River Basin Water Resources Compact and Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement

[50 Pa.B. 4693]
[Saturday, September 12, 2020]

 This notice is published under Article 6 of the Great Lakes-St. Lawrence River Basin Water Resources Compact (Compact) (32 P.S. § 817.22), regarding public participation being conducted by the Great Lakes-St. Lawrence River Basin Water Resources Council (Council) and the Great Lakes-St. Lawrence River Water Resources Regional Body (Regional Body). The Commonwealth is one of eight states in the United States and two Canadian provinces to share jurisdictional responsibilities for water use and conservation on the Great Lakes.

 The Great Lakes-St. Lawrence Governors and Premiers serves as the Secretariat to the Council and Regional Body.

Action

 Notice of: Council's proposed Rules of Practice and Procedure; Council's proposed Council Guidance; and Regional Body's proposed Regional Body Procedures.

Summary

 The Council under the Compact is proposing to modify its Rules of Practice and Procedure and to amend its guidance, and the Regional Body under the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement (Agreement) is proposing to amend its Procedures guidance as described as follows:

 1. Great Lakes-St. Lawrence River Basin Water Resources Compact Rules of Practice and Procedure. This document, proposed to be modified by Council as a regulation, includes proposed revisions addressing alternative dispute resolution and arbitration, and enforcement. Comments are being accepted on proposed revisions to the Rules of Practice and Procedure.

 2. Great Lakes-St. Lawrence River Basin Water Resources Compact Guidance. This guidance document mirrors the Regional Body Procedures through Parts I and II with respect to review of a diversion subject to the Great Lakes-St. Lawrence River Basin Water Resources Compact, and also includes certain provisions applicable only to the Council. The Compact Council proposes amending the Guidance adopted on December 6, 2018. Comments are being accepted on proposed revisions to the Compact Guidance in Sections 200.2—200.5.

 3. Great Lakes-St. Lawrence River Water Resources Regional Body Procedures. This guidance document contains the procedures that the Regional Body will follow during the review of a diversion subject to the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement through the issuance of its Declaration of Finding. This document mirrors the Compact Guidance for Parts I and II. The Regional Body proposes amending Interim Procedures adopted on December 6, 2018. Comments are being accepted on proposed revisions to the Regional Body Procedures in Sections 200.2—200.5.

 All materials will be available for review at www.glslregionalbody.org/procedures-and-guidance/pro posed-procedures-updates/ and www.glslcompactcouncil.org/procedures-and-guidance/proposed-procedures-updates/.

 Copies may also be obtained by contacting the office of the Great Lakes-St. Lawrence Governors and Premiers at 20 North Wacker Drive, Suite 2700, Chicago, IL 60606.

Written Comments

 Anyone wishing to comment on the proposed revised Rules of Practice and Procedure; proposed revised Council Guidance; and proposed revised Regional Body Procedures must file the comments at the following addresses beginning on Tuesday, September 15, 2020. Comments must be received no later than 5 p.m. on Thursday, October 15, 2020.

 Due to the novel coronavirus (COVID-19), a virtual-only public hearing will be held on the proposed revised Rules of Practice and Procedure; proposed revised Council Guidance; and proposed revised Regional Body Procedures on Tuesday, October 13, 2020, beginning at 2 p.m. and will end when all present have had an opportunity to provide comments. Participation is available by registering at https://attendee.gotowebinar.com/register/1419399551651881999.

Addresses

 Written comments should be submitted to the Council or Regional Body, or both, by e-mail at comments@gsgp.org. Comments may also be mailed to the Great Lakes-St. Lawrence River Water Resources Council, Great Lakes-St. Lawrence Water Resources Regional Body, c/o Great Lakes-St. Lawrence Governors and Premiers, 20 North Wacker Drive, Suite 2700, Chicago, IL 60606.

 For further information contact Peter Johnson, Deputy Director, Great Lakes-St. Lawrence Governors and Premiers, 20 North Wacker Drive, Suite 2700, Chicago, IL 60606, (312) 407-0177, pjohnson@gsgp.org.

 Responsible Official: Peter R. Johnson, Deputy Director, is the official responsible for the development of the Council's Rules of Practice and Procedure and the guidance documents discussed herein.

Supplementary Information

Table of Contents

   Part I   Introduction and Background

   Part II   Summary of Proposed Regional Body Procedures and Council Guidance

   Part IIISummary of Proposed Council Rules of Practice and Procedure

Part I. Introduction and Background

 The Great Lakes-St. Lawrence River Water Resources Regional Body was created on December 13, 2005, when the Great Lakes Governors (Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin) and the Premiers of Ontario and Québec signed the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement (Agreement). The Agreement details how the States and Provinces will work together to manage and protect the Great Lakes-St. Lawrence River Basin (Basin). It also provides a framework for each State and Province to enact programs and laws protecting the Basin.

 The Great Lakes-St. Lawrence River Basin Water Resources Council was established on December 8, 2008, when the Great Lakes-St. Lawrence River Basin Water Resources Compact (''Compact'') became State and federal law, enacted by the federal government as U.S. Public Law No: 110-342, October 3, 2008. The Compact details how the States will work together to manage and protect the Great Lakes-St. Lawrence River Basin. It also provides a framework for each State to enact programs and laws protecting the Basin.

 Both the Agreement and the Compact include provisions that allow both the Regional Body and Compact Council to adopt rules and procedures for managing their authorities. To that end, on December 6, 2018, the Regional Body adopted Procedures and the Council adopted Guidance and Rules of Practice and Procedure. The Procedures and Guidance have provided procedures for regionally reviewing proposals to divert water from the Great Lakes-St. Lawrence River Basin. The Council Rules of Practice and Procedure describes the procedures for any administrative hearing, how modifications may be made to Council decisions, and the process to be used for Council rule making.

Procedures Update Team

 On December 6, 2018, the Council and the Regional Body tasked the Procedures Update Team (Team) with drafting Phase II revisions to the Regional Body Procedures and Council Guidance for the Regional Body and Council's consideration and potentially modifying the Rules of Practice and Procedure for the Council's consideration. Each member of the Regional Body and the Council has appointed at least one individual to the joint Team.

Advisory Committee, Resource Group, Observers; Tribes and First Nations

 The existing Regional Body/Compact Council Advisory Committee, Resource Group, and Observers, as well as Tribes and First Nations have provided input and feedback to the Team at specific times throughout the process. In addition, from May 18, 2020, through June 17, 2020, the public provided feedback on initial drafts.

 The Council and Regional Body will accept written comments on their respective proposed revisions to Council Rules of Practice and Procedure; Council Guidance; and Regional Body Procedures through Thursday, October 15, 2020. All comments must be received by 5 p.m. EDT. All written comments received during the public comment period will be considered, along with any comments provided at the virtual public hearing. The Council and Regional Body will conduct meetings open to the public on or about December 8, 2020, to consider and potentially adopt the final revisions to the Council Rules of Practice and Procedure; Council Guidance; and Regional Body Procedures.

Part II. Summary of Proposed Regional Body Procedures and Council Guidance

 The following statements provide general summaries of some of the proposed revisions to the Regional Body Procedures and Council Guidance.

Section 200.2 Preliminary Actions Prior to the Submission of an Application. (Council Guidance Only)

 • The phrase ''or Regional Review'' was added to the second to last sentence.

Section 200.3 Originating Party Powers and Duties; Applicant's Submission to Originating Party

 • Provides clarification on timelines that should be followed.

 • Includes a process for notifying the other Parties when an Originating Party receives an Application for a New or Increased Withdrawal or Consumptive Use if the other Parties are substantially likely to consider it important to evaluate whether the Proposal contained in the Application may be regionally significant or precedent setting and warrants regional review.

 • Includes a process for the other Parties to ask the Originating Party for additional information after receiving Diversion, Withdrawal or Consumptive Use Application notices from the Originating Party.

Section 200.4 Submission of Application to Council and Regional Body

 • Provides minor clarifications.

Section 200.5 Consideration of Regionally Significant or Potentially Precedent Setting Proposals

 • Provides a process for initiating Regional Review when a majority of Regional Body members determine that a Proposal is regionally significant or potentially precedent setting.

 • Provides a process for initiating alternative means of collaboratively reviewing an application containing a Proposal that is regionally significant or potentially precedent setting

Section 500 Alternative Dispute Resolution (Regional Body Procedures Only)

 • Describes the procedures that apply to alternative dispute resolution

Part III. Summary of Proposed Revisions to Council Rules of Practice and Procedure

 The following statements provide general summaries of the proposed revisions to the Council Rules of Practice and Procedure.

Section 500 Alternative Dispute Resolution

 • Describes the procedures that apply to alternative dispute resolution conducted pursuant to Section 7.2 of the Compact.

Section 501 Arbitration Procedures

 • Describes the process to be used to initiate arbitration procedures, and the arbitration procedures to be used.

Section 600 Enforcement

 • Describes the process to be used to initiate enforcement pursuant to Section 7.3.2.a of the Compact.

Sections 700—704 Rulemaking Procedures

 • Renumbers the rulemaking procedures.

PATRICK McDONNELL, 
Secretary

[Pa.B. Doc. No. 20-1243. Filed for public inspection September 11, 2020, 9:00 a.m.]


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