[Federal Register: August 21, 2006 (Volume 71, Number 161)]
[Proposed Rules]
[Page 48497-48498]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au06-26]
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DELAWARE RIVER BASIN COMMISSION
18 CFR Part 410
Proposed Temporary Amendments to the Water Quality Regulations,
Water Code and Comprehensive Plan To Extend the 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 (``Commission'' or DRBC)
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 through September 30, 2007 the temporary
classification of the Lower Delaware River as Significant Resource
Waters (SRW). The SRW classification was enacted by Commission
Resolution No. 2005-2 on January 19, 2005 and initially was due to
expire on September 30, 2005. Based upon analysis of additional water
quality data, the Commission proposed to decide by the latter date
whether to classify certain sections of the Lower Delaware River as
Outstanding Basin Waters (OBW) and whether to make the SRW
classification permanent for some or all of the Lower Delaware. By
Resolution No. 2005-15 approved on September 26, 2005, the temporary
classification was extended through September 30, 2006 in order to
allow additional time for the Commission to evaluate implementation
options and establish numeric values for existing water quality. In
order to complete its evaluation of implementation approaches, the
Commission is today proposing to extend the temporary classification
for up to twelve months more. If approved, the classification would
thus expire on September 30, 2007 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.
Permanent classification is anticipated, following an additional
notice and comment rulemaking when the Commission has resolved
remaining implementation issues. Extending the temporary classification
will help to protect the exceptional scenic, recreational and water
quality values of the Lower Delaware from degradation in the interim.
DATES: The public hearing will take place on Wednesday, September 27,
2006 during the Commission's regular business meeting, beginning at
1:30 p.m. Driving directions are available on the Commission's Web
site, http://www.drbc.net. 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, New
Jersey. Directions are posted on the Commission's Web site, http://www.drbc.net.
The complete text of Resolutions Nos. 2005-2, temporarily
amending the Water Quality Regulations, Water Code, and Comprehensive
Plan of the Commission by designating the Lower Delaware River a
Special Protection Water, and 2005-15, extending the temporary
amendment approved by Resolution No. 2005-2, are available on the
Commission's Web site, http://www.drbc.net, or upon request from the
Delaware River Basin Commission, P.O. Box 7360, West Trenton, NJ 08628-
0360. Maps depicting the designated area are also available on the Web
site or upon request.
FOR FURTHER INFORMATION CONTACT: For further information, please
contact Pamela M. Bush, Commission Secretary and Assistant General
Counsel, Delaware River Basin Commission, at 609-883-9500 ext. 203.
SUPPLEMENTARY INFORMATION: The Lower Delaware River extends from the
southern boundary of the Delaware Water Gap National Recreation Area at
River Mile (RM) 209.4 to the head of tide at Trenton, New Jersey, RM
144.4. The effect of temporary classification of the Lower Delaware as
Significant Resource Waters (SRW) has been to make this portion of the
main stem Delaware River and its drainage area subject to all
applicable provisions of the Commission's Special Protection Waters
regulations, Section 3.10.3A.2 of the Commission's Water Quality
Regulations, except those that depend for implementation upon the use
of numeric values for existing water quality.
Key provisions of the Special Protection Waters Regulations that
will continue to apply within the drainage area to the Lower Delaware
River if the proposed extension of the SRW classification is approved
include but are not limited to the following:
[[Page 48498]]
Subsections 3.10.3A.2.c.1 through 3, in part requiring that no new or
expanded wastewater discharges may be permitted in waters classified as
Special Protection Waters until all non-discharge-load reduction
alternatives have been fully evaluated and rejected because of
technical or financial infeasibility; 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 (NPSP) 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 a NPSP approved by the
Commission.
Previous notices concerning designation of the Lower Delaware River
as Special Protection Waters were published in the Federal Register on
September 23, 2004 (69 FR 57008) and August 22, 2005 (70 FR 48923). The
proposed designation and extension, as well as the final rules
establishing and extending temporary designation, approved by DRBC
Resolutions Nos. 2005-2 and 2005-15 respectively, were also published
on the Commission's Web site, http://www.drbc.net.
Dated: August 14, 2006.
Pamela M. Bush,
Commission Secretary.
[FR Doc. E6-13699 Filed 8-18-06; 8:45 am]
BILLING CODE 6360-01-P