[Federal Register: September 23, 2004 (Volume 69, Number 184)]
[Notices]
[Page 57008-57010]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23se04-44]
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DELAWARE RIVER BASIN COMMISSION
Notice of Proposed Rulemaking; Amendments to the Water Quality
Regulations, Water Code and Comprehensive Plan To Classify the Lower
Delaware River as Special Protection Waters
AGENCY: Delaware River Basin Commission.
SUMMARY: The Commission will hold a public hearing to receive comments
on proposed amendments to the Commission's Water Quality Regulations,
Water Code and Comprehensive Plan to classify as Special Protection
Waters the reach of the main stem Delaware River known as the ``Lower
Delaware.'' The Lower Delaware extends from the southern boundary of
the Delaware Water Gap National Recreation Area at River Mile (``RM'')
209.5 to the head of tide at Trenton, New Jersey, RM 133.4.
Background
The Special Protection Waters regulations, consisting of Section
3.10.3.A.1. of the Water Quality Regulations (also, ``Regulations''),
are intended to maintain the quality of interstate waters where
existing water quality is better than the established stream quality
objectives. They consist in large part of a series of policies relating
to: water quality management (Sec. 3.10.3.A.2.b.), allowable discharges
(Sec. 3.10.3.A.2.c.), wastewater treatment facilities
(Sec. 3.10.3.A.2.d.), the control of non-point sources of pollution
(Sec. 3.10.3.A.2.e.), and inter-governmental responsibilities
(Sec. 3.10.3.A.2.f.). Other sections of the rule include definitions
(Sec. 3.10.3.A.2.a.), a list of waters classified as Special Protection
Waters
[[Page 57009]]
(Sec. 3.10.3.A.2.g.), a table defining existing water quality with
numeric values for a series of different parameters in each of the
river sections classified as Special Protection Waters (Table 1), and a
table describing the location of the Boundary and Interstate Special
Protection Waters Control Points, which are the locations used to
assess water quality for purposes of defining and protecting existing
water quality (Table 2).
To be protected as Special Protection Waters, stream reaches must
be classified as either ``Outstanding Basin Waters'' or ``Significant
Resource Waters.'' ``Outstanding Basin Waters'' are defined as
``interstate and contiguous intrastate waters that are contained within
the established boundaries of national parks; national wild, scenic and
recreational rivers systems; and/or national wildlife refuges that are
classified by the Commission under Subsection 2.g.1). [of the
Regulations] as having exceptionally high scenic, recreational and
ecological values that require special protection''
(Sec. 3.10.3.A.2.a.1.). ``Significant Resource Waters'' are defined as
``interstate waters classified by the Commission under Subsection
2.g.2. [of the Regulations] as having exceptionally high scenic,
recreational, ecological, and/or water supply uses that require special
protection'' (Sec. 3.10.3.A.2.a.2.).
In accordance with Section 3.10.3.A.2. of the Regulations, the
Delaware Riverkeeper Network submitted to the Commission in April 2001
a nomination petition requesting that the Commission classify the Lower
Delaware River as Special Protection Waters. The Commission initiated a
five-year monitoring program in May of 2000 to characterize existing
water quality in the Lower Delaware. Four years of data have been
collected and analyzed. Data collection and analysis for the fifth year
will be completed in 2004.
A series of studies, plans, and policies and a Federal designation
document the scenic, recreational, ecological and water supply values
and uses of the Lower Delaware and support the goal of preserving these
qualities. The four years of data and findings set forth in the report
entitled, Delaware Eligibility Determination for DRBC Declaration of
Special Protection Waters (DRBC, August 2004) demonstrate that water
quality in the Lower Delaware River generally is better than the water
quality criteria. The Lower Delaware National Wild & Scenic River Study
Report (National Park Service, Northeast Region, 1999) documents that
the Lower Delaware River includes islands, wetlands, and diverse
ecosystems that support rare and endangered plant and animal species
and constitute scenic and recreational amenities. The Lower Delaware
River Management Plan (Lower Delaware River Wild and Scenic River Study
Task Force and Local Government Committee, with assistance from the
National Park Service, August 1997) (LDRMP) contains goals relating to
water quality, natural resources, historic resources, recreation,
economic development and open space preservation for the Lower Delaware
River. Goal 1 of the LDRMP calls for maintaining, and where practical,
improving existing water quality in the main stem of the Lower Delaware
River and its tributaries. On November 1, 2000, the President of the
United States signed Public Law 106-418, designating portions of the
Lower Delaware River as part of the National Wild and Scenic Rivers
System. The system was established by Congress in 1968 to preserve the
character of rivers with ``outstandingly remarkable scenic,
recreational, geologic, fish and wildlife, historic, cultural or other
similar values'' and to ensure that designated rivers remain free-
flowing (Pub. L. 106-418, 106th Congress). The Water Resources Plan for
the Delaware River Basin (DRBC Watershed Advisory Committee, September
2004) (``Basin Plan''), which is supported by each of the Commission's
signatories, directs, ``[w]here water quality is better than standards
for the protection of aquatic life and wildlife, implement anti-
degradation regulations, policies and/or other mechanisms to maintain
or improve existing water quality.''
Proposed Amendments
The Commission proposes to amend the Special Protection Waters
regulations by adding one section of the main stem Delaware River to
the list of stream reaches classified as Outstanding Basin Waters (see
Sec. 3.10.3.A.2.g.1) and two sections of the main stem Delaware River
to the list of stream reaches classified as Significant Resource Waters
(see Sec. 3.10.3.A.2.g.2). The section of the main stem proposed to be
classified as ``Outstanding Resource Waters'' is the reach extending
from RM 171.4, a point just south of the Gilbert Generating Station in
Holland Township, New Jersey, to RM 141.8, at Washington Crossing,
Pennsylvania. The sections of the main stem proposed to be classified
as ``Significant Resource Waters'' extend from RM 209.5, the downstream
boundary of the Delaware Water Gap National Recreation Area, to RM
171.4, the location of which is noted above, and from RM 141.8 at
Washington Crossing, Pennsylvania, to RM 133.4, the location of the
head of tide at Trenton, New Jersey.
The proposed amendments do not at this time include additions to
Table 1, defining existing water quality in each classified reach with
numeric values for a series of different parameters, or to Table 2,
describing the location of the Boundary and Interstate Special
Protection Waters Control Points. These amendments will be made at a
later date, when analysis of a fifth year of water quality data for the
Lower Delaware has been completed. Thus, the Commission proposes to add
to Section 3.10.3.A.2.g. a new section 6)., providing that the
regulations that depend for enforcement upon the use of approved
numeric values for existing water quality will not apply, under the
proposed amendments, to regulated activities within the drainage area
of the Lower Delaware River and that all other provisions of Section
3.10.3.A.2. shall apply for the Lower Delaware River upon the effective
date of the proposed amendments. Provisions of the Special Protection
Waters regulations that will apply within the drainage area to the
Lower Delaware River include but are not limited to the following:
Subsections 3.10.3.A.2.c.1. through 3., in part requiring an analysis
of alternatives to new or expanded discharges; Subsections
3.10.3A.2.d.1. through 7., setting forth requirements for wastewater
treatment facilities; and Subsections 3.10.3A.2.e.1. and 2.,
conditioning project approval on the existence of an approved Non-Point
Source Pollution Control Plan for the project area and requiring that
approval of a new or expanded withdrawal and/or wastewater discharge
project be subject to the condition that new connections to the project
system be limited to service areas regulated by non-point source
control plans approved by the Commission.
DATES: The public hearing will be held on October 27, 2004, at
approximately 2 p.m. as part of the Commission's regularly scheduled
business meeting. This time is approximate because the Commission will
conduct hearings on several dockets (project approvals) beforehand,
beginning at approximately 1:30 p.m. The hearing will continue until
all those who wish to testify are afforded an opportunity to do so. In
the event all those who wish to testify cannot be heard on October 27,
the hearing will be continued at a date, time and location to be
announced by the Commission Chair that day. Persons wishing to testify
at the hearing are asked to register in advance with the Commission
Secretary by phoning 609-
[[Page 57010]]
883-9500, extension 224. Written comments will be accepted through
Tuesday, November 30, 2004.
ADDRESSES: The public hearing will be held in the Kirby Auditorium of
the National Constitution Center, 525 Arch Street, Independence Mall,
Philadelphia. Written comments should be addressed to the Commission
Secretary as follows: by e-mail to paula.schmitt@drbc.state.nj.us; by
fax to Commission Secretary--dial 609-883-9522; by U.S. Mail to
Commission Secretary, DRBC, P.O. Box 7360, West Trenton, NJ 08628-0360;
or by overnight mail to Commission Secretary, DRBC, 25 State Police
Drive, West Trenton, NJ 08628-0360.
FOR FURTHER INFORMATION CONTACT: The full text of the draft resolution
containing the proposed rule change, a map illustrating the proposed
stream classifications for the Lower Delaware, a map illustrating the
Wild and Scenic Rivers System designations in the Lower Delaware, and
reports about the Lower Delaware will be posted no later than October
1, 2004, on the Commission's Web site, http://www.drbc.net. The
Commission will hold two informational meetings on the proposed
rulemaking. One meeting will be held on Thursday, October 14, 2004,
from 7 to 9 p.m. at the Delaware and Raritan Canal Commission office at
the Prallsville Mills Complex, 33 Risler Street (Route 29) in Stockton,
New Jersey. Another will be held on Wednesday, October 20, 2004, from 7
to 9 p.m. in Room 315 of the Acopian Engineering Building at Lafayette
College, located on High Street in Easton, Pennsylvania. Directions to
the meeting locations will be posted on the Commission's Web site,
http://www.drbc.net, in advance of the meeting dates. Please contact
Commission Secretary Pamela Bush, 609-883-9500 ext. 203, with questions
about the proposed rule or the rulemaking process.
Dated: September 17, 2004.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 04-21350 Filed 9-22-04; 8:45 am]
BILLING CODE 6360-01-P