Susquehanna River Basin Commission Sets Aug. 13 Virtual Hearing On New General Permit For Groundwater Remediation Projects, Rescission Of Policies

On July 17, the Susquehanna River Basin Commission announced it will hold a virtual hearing August 13 on a new proposed General Permit to approve the withdrawal of groundwater for groundwater remediation projects and the consumptive use of that same water under.

SRBC will also take comments on the proposed recession of two policies related to project financial assurance and signatory approvals.

General Permit

Groundwater remediation projects are overseen by federal and state agencies, and follow federal and state regulations for cleanup standards.  Currently, these projects go through the full review process and receive dockets.  

GP-01 is designed to streamline the Commission’s approval process, avoid duplication of those authorities and standards, and covers the more limited role that Commission regulations require for the use of water for groundwater remediation. 

The general permit covers withdrawals and consumptive uses of water for groundwater remediation projects that meet the jurisdictional limits of 18 CFR § 806.4(a). These are:

-- Groundwater withdrawals of ≥ 100,000 gallons per day (gpd) (consecutive 30-day average) for a groundwater remediation project;

-- Consumptive use of water, of an average of 20,000 gpd or more in any consecutive 30-day period, from any groundwater remediation project.

-- Any groundwater withdrawal under 100,000 gpd that has a regulated consumptive use of the water withdrawn (consumptive use of 20,000 gpd or more).

A General Permit is a permit issued by the Commission in lieu of an individual approval for a specific category of projects that the Commission regulates. A General Permit covers a type of activity that can operate under the same conditions and will result in minimal adverse impacts to the water resources of the Basin.

The General Permit process has several benefits for the regulated community:

-- Established criteria for qualification to operate under the General Permit.

-- Established conditions of operation under the General Permit.

-- Streamlined application and review process, resulting in quicker permit decisions.

-- Lower application fees.

Copies of proposal--

-- Remediation General Permit Fact Sheet

-- Remediation General Permit

-- Remediation General Permit Metering Plan Template

-- Remediation General Permit Notice of Intent

-- Remediation General Permit Approval of Coverage

-- Remediation General Permit Notice of Termination

Rescission Of Policies

SRBC will also accept comments on the proposed recession of two policies related to project financial assurance and signatory approvals.

Financial Security

This policy provides the Commission with the authority to impose financial security requirements on applicants, including performance bonds.  The Commission has never imposed any such financial requirements in the 22 years this policy has been in existence.

The General Counsel has reviewed this policy for conformance with the Compact and the case law under which the Commission must operate and finds that this Policy is ultra vires and that the Commission cannot establish a bonding requirement through the adoption of a policy.  

If it were to attempt to impose such a requirement, the Commission would have to authorize such action through the promulgation of regulations establishing financial security and bonding requirements.  That has not been done.  

Commission staff do not use this Policy and do not foresee a need to pass a regulation to allow for bonding requirements, which would be anticipated to be a very controversial act.

Click Here for a copy of the policy.

Signatory Approvals

This Policy provides general guidance on the coordination of SRBC project approvals in relation to approvals by the member jurisdictions.  This policy is largely superseded by the MOU/administrative agreements with New York and Pennsylvania.  

Outside of the MOUs the Commission’s coordination procedures have developed into a more robust process than what is outlined in this policy.  It is therefore obsolete.

Click Here for a copy of the policy.

The hearing will start at 2:30 p.m. To join the hearing, call 1-888-387-8686, the Conference Room Code # 9179686050.

The deadline to submit comments specific to the proposed recissions is August 24, 2020.

Comments may be submitted on the Commission's Public Comment webpage, mailed to: Jason E. Oyler, Esq., General Counsel, Susquehanna River Basin Commission, 4423 N Front Street, Harrisburg, PA 17110-1788, or submitted by email to regcomments@srbc.net. 

For more information on programs, training opportunities and upcoming events, visit the Susquehanna River Basin Commission website.  Click Here to sign up for SRBC’s newsletter.   Follow SRBC on Twitter, visit them on YouTube.

[Posted: July 17, 2020]  PA Environment Digest