[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Proposed Rules]
[Pages 48923-48924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16526]


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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