Regulatory Program Fees and Water Charges Rates

1 month ago 1

Delaware River Basin Commission.

Notice is provided of the Commission's regulatory program fees and schedule of water charges for the fiscal year beginning July 1, 2025.

This final rule is effective July 1, 2025.

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 420.41(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 2025 showed an increase of 2.88%. Commensurate adjustments are thus required.

This notification is made in accordance with 18 CFR 401.43(c) and 420.41(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.

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 set forth below:

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

Authority: Delaware River Basin Compact (75 Stat. 688), unless otherwise noted.

2. In § 401.43, revise tables 1, 2, and 3 to read as follows:

Regulatory program fees.

* * * * *

Table 1 to § 401.43—Docket Application Filing Fee

Project type Docket application fee Fee maximum

Water Allocation	$526 per million gallons/month of allocation,¹ not to exceed $19,724 ¹ Fee is doubled for any portion to be exported from the basin	Greater of: $19,724 ¹ or Alternative Review Fee.
Wastewater Discharge	Private projects: $1,315 ¹ Public projects: $657 ¹	Alternative Review Fee.
Other	0.4% of project cost up to $10,000,000 plus 0.12% of project cost above $10,000,000 (if applicable), not to exceed $98,618.¹	Greater of: $98,618 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 fee Allocation

Water	¹ $394	<4.99 mgm.
Allocation	¹ 592	5.00 to 49.99 mgm.
	¹ 855	50.00 to 499.99 mgm.
	¹ 1,085	500.00 to 9,999.99 mgm.
	¹ 1,315	> or = to 10,000 mgm.
	Annual fee	Discharge design capacity
Wastewater Discharge	¹ 394	<0.05 mgd.
	¹ 802	0.05 to 1 mgd.
	¹ 1,078	1 to 10 mgd.
( printed page 21219)
	¹ 1,315	>10 mgd.
¹ Subject to annual adjustment in accordance with paragraph (c) of this section.

Table 3 to § 401.43—Additional Fees

Proposed action Fee Fee maximum

Emergency Approval Under 18 CFR 401.40	$5,000	Alternative Review Fee.
Late Filed Renewal Surcharge	$2,000
Modification of a DRBC Approval	At Executive Director's discretion, Docket Application Fee for the appropriate project type	Alternative Review Fee.
Name change	¹ $1,315
Change of Ownership	¹ $1,972
¹ Subject to annual adjustment in accordance with paragraph (c) of this section.