[Federal Register: August 22, 2005 (Volume 70, Number 161)]
[Proposed Rules]
[Page 48923-48924]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au05-36]
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DELAWARE RIVER BASIN COMMISSION
18 CFR Part 410
Proposed Temporary Amendment to the Water Quality Regulations,
Water Code and Comprehensive Plan To Extend Designation of the Lower
Delaware River as a Special Protection Water
AGENCY: Delaware River Basin Commission.
ACTION: Notice of proposed rulemaking and public hearing.
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SUMMARY: The Delaware River Basin Commission will hold a public hearing
to receive comments on a proposed amendment to the Commission's Water
Quality Regulations, Water Code, and Comprehensive Plan to extend the
temporary classification of the Lower Delaware River as Significant
Resource Waters. The temporary classification was enacted by Commission
Resolution No. 2005-2 on January 19, 2005 following notice and comment
rulemaking. Its effect was to make the Lower Delaware subject to all
applicable provisions of the Commission's Special Protection Waters
regulations, except those that depend for implementation upon the use
of numeric values for existing water quality. Absent further amendment
to extend the classification, it will expire on September 30, 2005. The
Commission today proposes to extend that date by up to twelve months.
The classification would thus expire on September 30, 2006 unless the
Commission should either permanently classify the Lower Delaware River
or once again extend the temporary classification by rule amendment
prior to that date.
The proposed extension is needed because before deciding whether or
not to classify certain sections of the Lower Delaware River as
Outstanding Basin Waters as originally proposed, and whether to make
the temporary Special Protection Waters designation permanent for some
or all of the Lower Delaware River, the Commission wishes to fully
evaluate implementation options and establish numeric values for
existing water quality based upon analysis of a five-year (2000-2004)
data set, for which the final year of data only became available late
in 2004. Extension of the temporary designation will protect the
exceptional value of the Lower Delaware from degradation during the
period required to complete this evaluation and conduct a notice and
comment rulemaking process on the numeric values and permanent
classification.
DATES: The public hearing will be held on Monday, September 26, 2005 at
the Commission's regular business meeting, which will begin at 1:30
p.m. Persons wishing to testify are asked to register in advance with
the Commission Secretary, at (609) 883-9500 ext. 203. Written comments
will be accepted through the close of the public hearing; however
earlier submittals would be appreciated.
ADDRESSES: The public hearing will take place at the Commission's
office building, located at 25 State Police Drive, West Trenton, NJ.
Directions are posted on the Commission's Web site, http://www.drbc.net.
The complete text of Resolution No. 2005-2, temporarily
amending the Water Quality Regulations, Water Code, and Comprehensive
Plan by classifying the Lower Delaware River as Special Protection
Waters, is available on the Commission's Web site at http://www.drbc.net
or upon request from the Delaware River Basin Commission,
PO Box 7360, West Trenton, NJ 08628-0360.
FOR FURTHER INFORMATION CONTACT: For further information, contact
Pamela M. Bush, Commission Secretary and Assistant General Counsel,
Delaware River Basin Commission, at 609-883-9500 ext. 203.
SUPPLEMENTARY INFORMATION: On September 22, 2004, the Delaware River
Basin Commission published on its Web site a Notice of Proposed
Rulemaking to amend the Water Quality Regulations, Water Code and
Comprehensive Plan to designate the Lower Delaware River--the reach
between River Mile 209.5, which is the downstream boundary of the
Delaware Water Gap National Recreation Area, and River Mile 133.4,
which is the head of tide at Trenton,
[[Page 48924]]
NJ--a Special Protection Water. Notice was published in the Federal
Register on September 23, 2004 (69 FR 57008), the Delaware Register of
Regulations on October 1, 2004, the New Jersey Register on October 4,
2004, the Pennsylvania Code and Bulletin on October 9, 2004, and the
New York Register on October 20, 2004. A public hearing was held on
October 27, 2004, and the public was invited to comment, either in
person at the hearing or in writing through November 30, 2004. When by
Resolution No. 2005-2, the Commission amended its regulations by
temporarily designating the Lower Delaware a Special Protection Water,
the Commission modified its proposed rule in part based upon comments
received on the proposed designation and in part based upon the need
for additional analysis before all provisions of the Special Protection
Waters regulations could be put into effect in the Lower Delaware.
Dated: August 16, 2005.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 05-16526 Filed 8-19-05; 8:45 am]
BILLING CODE 6360-01-P