On September 17, the Susquehanna River Basin Commission took action to adopt changes to its groundwater withdrawal regulations and policies covering pre-drilling water well reviews, hydro geologic evaluations and aquifer testing.

Groundwater Regulations

Through the rulemaking, the Commission sought to provide clarity to the regulated community, establish a more efficient and effective framework to review groundwater withdrawals, and solidify processes to manage an anticipated 200-250 groundwater renewal applications over the next five years.

With the recent successful implementation of grandfathering registration, the rule simplifies regulations for grandfathered projects through elimination of several items that formerly prompted full Commission review.

The rule also codifies and builds upon program changes for the Commission’s natural gas consumptive use program, its minor modification regulations, and general project review regulations.

The changes will benefit both the Commission and the regulated community, while providing more balanced oversight and focus on maintaining the sustainability of the basin’s water resources.

The rule will also ensure wells are permitted and monitored effectively to help reduce costs, both to systems that are smaller and those that have economic challenges.

Click Here for a copy.

Pre-Drilling Water Well Review

This policy is new but formalizes an existing technical service offered by the Commission since 2013. The Policy is designed to provide guidance in evaluating potential well locations through the provision of technical assistance by Commission staff. This process can identify potential water resources management limitations or conflicts at the well site prior to drilling. 

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Hydrogeologic Evaluation

The purpose of this policy is to provide guidance to project sponsors and their consultants for the preparation of an Alternative Hydrogeologic Evaluation Policy, which has replaced the Aquifer Testing Plan Waiver process described in the Aquifer Testing Plan Guidance (formerly Policy 2007-01).

The purpose of an AHE is to promote better management of the water resources in the Basin and reduce costs to the project by allowing project sponsors to more effectively utilize and evaluate existing and site-specific information and operational data during the review process in place of completing new aquifer testing.

This policy provides the guidance for project sponsors to follow a streamlined, risk-based approach to evaluate their existing data and/or information for the requested withdrawal’s sustainability and potential impacts to other users and to the environment.

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Aquifer Testing

This policy offers updated and clarified guidance for the Commission’s former Aquifer Testing Plan Guidance (Policy 2007-01) for groundwater projects.

This policy clarifies the regulatory requirements and procedures that should be followed by project sponsors regarding an aquifer test for most projects.

Specifically, updates to the policy include:

-- An explanation that waivers and project modifications have been replaced.

-- Guidance for using the online forms.

-- Clarification of common or recurring issues with submittals and implementation of Plans.

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The proposed rule and policies were released in March 2021 for public review and comment. The Commission held two informational webinars explaining the proposals on April 6 and April 14, 2021. The Commission convened a public hearing held by telephone on May 6, 2021.

A written comment period was held open for the rulemaking and policies through May 17, 2021, during which three comments were received. The Commission prepared a comment and response document addressing these comments.

The voting Commissioners and alternates were: Amy Guise, Chair of the Commission and Chief of the Planning Division, Baltimore District, U.S. Army Corps of Engineers; Aneca Atkinson, Deputy Secretary, Office of Water Programs, Pennsylvania Department of Environmental Protection; Suzanne Dorsey, Assistant Secretary, Maryland Department of the Environment, and Diane English, Chief, Water Quality Management Division, New York State Department of Environmental Conservation

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: September 22, 2021]

9/26/2021