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Rule

Regulatory Program Fees and Water Charges Rates

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Start Preamble

AGENCY:

Delaware River Basin Commission.

ACTION:

Final rule.

SUMMARY:

Commission is updating its regulatory program fees and schedule of water charges for the fiscal year beginning July 1, 2021.

DATES:

This final rule is effective July 1, 2021.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Elba L. Deck, CPA, Director of Administration and Finance, 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 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 420.43(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 2021 showed an increase of 3.51%. Commensurate adjustments are thus required.

This action is made in accordance with 18 CFR 401.42(c) and 18 CFR 420.42(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 follows:

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PART 401—RULES OF PRACTICE AND PROCEDURE

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

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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:

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Regulatory program fees.
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Table 1 to § 401.43—Docket Application Filing Fee

Project typeDocket application feeFee maximum
Water Allocation$433 per million gallons/month of allocation,1 not to exceed $16,226.1 Fee is doubled for any portion to be exported from the basinGreater of: $16,226 1 or Alternative Review Fee.
Wastewater DischargePrivate projects: $1,082.1 Public projects: $541.1Alternative 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 $81,132 1Greater of: $81,132 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 $325<4.99 mgm.
Start Printed Page 28263
1 4875.00 to 49.99 mgm.
1 70350.00 to 499.99 mgm.
1 892500.00 to 9,999.99 mgm.
1 1,082> or = to 10,000 mgm.
Annual feeDischarge design capacity
Wastewater Discharge1 $325<0.05 mgd.
1 6600.05 to 1 mgd.
1 8871 to 10 mgd.
1 1,082>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 $1,082
Change of Ownership1 $1,623
1 Subject to annual adjustment in accordance with paragraph (c) of this section.
Start Part

PART 420—BASIN REGULATIONS—WATER SUPPLY CHARGES

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

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

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

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Schedule of water charges.
* * * * *

(a) $87 per million gallons for consumptive use, subject to paragraph (c) of this section; and

(b) $0.87 per million gallons for non-consumptive use, subject to paragraph (c) of this section.

Start Signature

Dated: May 18, 2021.

Pamela M. Bush,

Commission Secretary.

End Signature End Supplemental Information

[FR Doc. 2021-10950 Filed 5-25-21; 8:45 am]

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