[Federal Register: August 22, 2007 (Volume 72, Number 162)]
[Proposed Rules]
[Page 46931-46932]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au07-35]
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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: Proposed rule; notice of 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 May 15, 2008 the temporary
classification of the Lower Delaware River as Significant Resource
Waters (SRW). Permanent classification is anticipated following an
additional notice and comment rulemaking that is expected to begin
shortly. Extending the temporary classification will help to protect
the exceptional scenic, recreational and water quality values of the
Lower Delaware from degradation pending completion of that process.
DATES: The public hearing will take place on Wednesday, September 26,
2007 during the Commission's regular business meeting, beginning at
1:30 p.m. Written comments will be accepted through the close of the
public hearing; however earlier submittals would be appreciated.
Persons wishing to testify are asked to register in advance with the
Commission Secretary, at (609) 883-9500 ext. 203.
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 available on the Commission's Web site, http://www.drbc.net.
Please do not rely upon MapQuest or other Internet
mapping services for driving directions, as they may not provide
accurate directions to the DRBC. Written comments may be submitted by
e-mail to paula.schmitt@drbc.state.nj.us; by U.S. Mail to Commission
Secretary, DRBC, P.O. Box 7360, West Trenton, NJ 08628-0360; or by fax
to 609-883-9522. In all cases, the commenter's name, affiliation if
any, and address should be provided in the comment document, and
``Lower Delaware SPW Extension'' should appear in the subject line.
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 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
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 3.10.3 A.2
of the Commission's Water Code and Water Quality Regulations,
incorporated by reference at 18 CFR Part 410, 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: Subsections 3.10.3
A.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 3.10.3 A.2.d.1. through 7., setting forth
requirements for wastewater treatment facilities; and subsections
3.10.3 A.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 a non-point source pollution control plan approved by the
Commission.
Temporary SRW classification of the Lower Delaware was enacted by
Commission Resolution No. 2005-2 on January 19, 2005 and initially was
due to expire on September 30, 2005. By Resolution No. 2005-15 approved
on September 26, 2005, the temporary classification was extended
through September 30, 2006 in order to allow time for the Commission to
evaluate implementation options and establish numeric values for
existing water quality. By Resolution No. 2006-22 on September 27,
2006, the Commission extended temporary designation a second time,
through September 30, 2007, because it had not completely resolved
implementation issues. The Commission has nearly resolved all remaining
issues with respect to implementation, but in order to allow time to
complete this process and conduct notice and comment rulemaking on
permanent designation of the Lower Delaware as Special Protection
Waters, the Commission is proposing to extend the temporary
classification for approximately eight months more. If approved, the
classification would thus expire on May 15, 2008 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.
Previous Federal Register notices concerning designation of the
Lower Delaware River as Special Protection Waters include notices
published on
[[Page 46932]]
September 23, 2004 (69 FR 57008) (proposed Special Protection Waters
designation), August 22, 2005 (70 FR 48923) (proposed extension through
September 30, 2006), and August 21, 2006 (71 FR 48497) (proposed
extension through September 30, 2007). The proposed and final versions
of the initial designation, approved by Resolution No. 2005-2, and the
subsequent extensions approved by Resolutions Nos. 2005-15 (extension
through September 30, 2006) and 2006-22 (extension through September
30, 2007) were also published on the Commission's Web site, http://www.drbc.net
.
Resolution No. 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
Resolutions Nos. 2005-15 and 2006-22, extending the temporary amendment
approved by Resolution No. 2005-2, are available on the Commission's
Web site at 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.
Dated: August 16, 2007.
Pamela M. Bush,
Commission Secretary.
[FR Doc. E7-16549 Filed 8-21-07; 8:45 am]
BILLING CODE 6360-01-P