[Federal Register Volume 69, Number 184 (Thursday, September 23, 2004)]
[Notices]
[Pages 57008-57010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21350]


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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

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(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-

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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 [email protected]; 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