[Federal Register Volume 71, Number 161 (Monday, August 21, 2006)]
[Proposed Rules]
[Pages 48497-48498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13699]


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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]
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