[Federal Register Volume 72, Number 162 (Wednesday, August 22, 2007)]
[Proposed Rules]
[Pages 46931-46932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16549]


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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 [email protected]; 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