[Federal Register Volume 72, Number 194 (Tuesday, October 9, 2007)]
[Proposed Rules]
[Pages 57255-57257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19799]


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DELAWARE RIVER BASIN COMMISSION

18 CFR Part 410


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.

ACTION: Proposed Rule.

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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 establish numeric values for 
existing water quality for the reach of the main stem Delaware River 
known as the ``Lower Delaware'' and on a permanent basis to assign this 
reach the SPW classification ``Significant Resource Waters'' (SRW). 
Since 2005, the Lower Delaware has carried the SRW classification on a 
temporary basis. Also proposed is language intended to clarify aspects 
of the SPW regulations that have been a source of confusion for some 
DRBC docket holders and applicants since the program was originally 
adopted in 1992 for point sources and in 1994 for non-point sources.

DATES: The public hearing will take place on December 4, 2007 at 2:30 
p.m., and will continue until all those who wish to testify are 
afforded an opportunity to do so. Written comments will be accepted 
through the close of business on December 6, 2007. The Commission will 
hold two informational meetings on the proposed rulemaking, the first 
of which will be held on Thursday, October 25, 2007 from 7 p.m. to 9 
p.m., and the second, on Thursday, November 1, 2007 from 7 p.m. to 9 
p.m.

ADDRESSES: The public hearing on December 4 will be held at the 
Commission's office building, located at 25 State Police Drive, West 
Trenton, New Jersey. Driving directions are available on the 
Commission's Web site, www.drbc.net. Please do not rely on Internet 
mapping services as they may not provide accurate directions to the 
DRBC. Written comments may be submitted by e-mail to 
[email protected]; by fax to Commission Secretary at 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-

[[Page 57256]]

0360. In all cases, please include the commenter's name, address and 
affiliation if any in the comment document and include ``SPW'' in the 
subject line. The first of the two informational meetings will take 
place at the office of the Delaware and Raritan Canal Commission at the 
Prallsville Mills Complex, 33 Risler Street (Route 29) in Stockton, New 
Jersey on October 25. The second will take place in Room 315 of the 
Acopian Engineering Building at Lafayette College, High Street, Easton, 
Pennsylvania on November 1.

FOR FURTHER INFORMATION CONTACT: The current rule and the full text of 
the proposed amendments are posted on the Commission's Web site, 
www.drbc.net, along with supporting data, reports, maps, and related 
documents. Hard copies may be obtained by contacting Ms. Paula Schmitt 
at 609-883-9500, ext. 224. Please contact Commission Secretary Pamela 
Bush, 609-883-9500 ext. 203 with questions about the proposed rule or 
the rulemaking process.

SUPPLEMENTARY INFORMATION: The Special Protection Waters regulations, 
consisting of Section 3.10.3.A.1. of the Commission's Water Quality 
Regulations, are intended to maintain the quality of interstate waters 
where existing water quality is better than the established stream 
quality objectives. They include rules that discourage new and 
increased discharges to designated waters. Where such discharges are 
permitted, the rules ensure that incremental pollutant loadings and 
visual impacts are minimized, that minimum standards of treatment are 
applied, and that new loadings cause no measurable change from existing 
water quality, as defined by the rule, except toward natural 
conditions.
    The SPW regulations currently include a table establishing the 
numeric values that define existing water quality in the stream reaches 
permanently classified by the Commission as SPW in 1992. These reaches 
are located within the Upper Delaware Scenic and Recreational River 
Corridor and the Middle Delaware Scenic and Recreational River 
Corridor, between Hancock, New York, at River Mile (RM) 330.7 and the 
southern boundary of the Delaware Water Gap National Recreation Area at 
RM 209.5. They include the main stem and portions of intrastate 
tributaries to the Delaware located within the boundaries of the scenic 
and recreational corridors. The locations of water quality control 
points between Hancock, New York and RM 209.5 are provided in a second 
table. The water quality control points are the locations used to 
assess water quality for purposes of defining and protecting it. No 
changes are proposed at this time to the permanent classifications and 
water quality control points that the Commission established in 1992.
    The portion of the non-tidal Delaware River known as the ``Lower 
Delaware'' extends from the southern boundary of the Delaware Water Gap 
National Recreation Area at RM 209.5 to the head of tide at Trenton, 
New Jersey, RM 133.4. Since 2005, the SPW regulations have listed the 
main stem Lower Delaware River as ``Significant Resource Waters'' (SRW) 
on a temporary basis and have applied a portion of the SPW regulations 
to this reach. The temporary classification was made pending the 
development of numeric values for existing water quality in the Lower 
Delaware and a determination as to whether the SRW classification 
should be assigned to the entire reach or whether the alternative 
classification, ``Outstanding Basin Waters'' (OBW), should be used for 
those portions eligible for that classification by virtue of their 
inclusion in the National Wild and Scenic Rivers System. The proposed 
amendments would permanently classify the entire Lower Delaware reach 
as SRW. By incorporating into the regulation a set of numeric values 
for existing water quality at established Lower Delaware River water 
quality control points, the amendments also would allow all applicable 
provisions of the SPW regulations, including those for ``no measurable 
change'' to existing water quality as defined by the rule, to apply to 
projects within the Lower Delaware drainage.
    Key provisions of the SPW regulations that will continue to apply 
within the drainage area to the Lower Delaware River if the proposed 
amendments are approved include the following: Sections 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 SPW until all non-
discharge-load reduction alternatives have been fully evaluated and 
rejected because of technical or financial infeasibility; sections 
3.10.3 A.2.d.1. through 7., setting forth requirements for wastewater 
treatment facilities; and sections 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.
    If the proposed amendments are adopted, numeric values for twenty 
parameters will be established, defining existing water quality by rule 
for purposes of the SPW program at 24 water quality control points in 
the Lower Delaware River. The parameters include: Ammonia-ammonium 
NH3-NH4 (mg/l), chloride (mg/l), chlorophyll a 
(mg/m\3\), dissolved oxygen (mg/l), dissolved oxygen saturation (%), E. 
coli (colonies/100 ml), enterococcus (colonies/100 ml), fecal coliform 
(colonies/100 ml), nitrate NO3-N (mg/l), orthophosphate (mg/
l), pH, specific conductance (umhos/cm), total dissolved solids (mg/l), 
total Kjeldahl nitrogen (mg/l), total nitrogen (mg/l), total phosphorus 
(mg/l), total suspended solids (mg/l), turbidity (NTU), alkalinity (mg/
l), and hardness (mg/l). The proposed values are based upon five years 
of ambient water quality monitoring, from 2000 through 2004.
    Adoption of numeric values for existing water quality and creation 
of a set of Boundary and Interstate Water Quality Control Points in the 
Lower Delaware River will mean that applicants seeking approval to 
construct new facilities or to expand existing facilities in the Lower 
Delaware drainage will be required for the first time to demonstrate 
that their new or increased discharges will cause no measurable 
degradation of existing water quality at the established water quality 
control points (sections 3.10.3 A.2.b.2. and 3.10.3 A.2.f.). As in the 
upper and middle portions of the non-tidal Delaware, the ``no 
measurable change'' requirement will apply whether a project discharges 
directly to the main stem or to a tributary. For certain main stem 
discharges, if minimum treatment standards alone do not ensure no 
measurable change at the downstream water quality control point, 
additional treatment may be required (section 3.10.3 A.2.b.2. in 
combination with section 3.10.3A.2.d.6.).
    The amendments also would incorporate language intended to clarify 
aspects of the SPW regulations that have been a source of confusion for 
some DRBC docket holders and applicants since the program was 
originally adopted in 1992 for point sources and in 1994 for non-point 
sources. Notably, a new term--``substantial alterations or 
additions''--is proposed to be added to the Definitions section of the 
regulations and to be inserted in other sections of the rule to clarify 
which types of additions or alterations to existing wastewater 
treatment facilities will

[[Page 57257]]

trigger certain SPW requirements that are deemed appropriate in 
connection with capital investment projects. For projects involving 
existing facilities discharging to SPW--whether in the upper, middle or 
lower portion of the Delaware River--only substantial additions or 
alterations as defined by the rule will trigger the requirements that 
no such project may be approved until (1) all non-discharge load 
reduction alternatives have been fully evaluated and rejected because 
of technical or financial infeasibility (section 3.10.3.A.2.c.1.) (OBW 
and SRW discharges); (2) the applicant has demonstrated the technical 
and/or financial infeasibility of using natural wastewater treatment 
technologies for all or a portion of the incremental load (section 
3.10.3.A.2.d.5.) (OBW, SRW and tributary discharges); (3) the 
Commission has determined that the project is demonstrably in the 
public interest as defined by the rule (section 3.10.3.A.2.c.3.) (SRW 
discharges); and (4) the minimum level of treatment to be provided for 
such projects is Best Demonstrable Technology as defined by the rule 
(section 3.10.3.A.2.d.6.) (direct OBW and SRW discharges). The proposed 
amendments further clarify that alterations limited to changes in the 
method of disinfection and/or the addition of treatment works for 
nutrient removal at existing facilities are not deemed to be 
``substantial alterations or additions'' triggering the foregoing 
requirements.
    In addition, the proposed amendments more clearly define the 
baseline to be used in measuring predicted changes to existing water 
quality and in evaluating the effect of discharge/load reduction 
alternatives and/or natural treatment alternatives for projects that 
involve substantial alterations or additions to existing facilities. 
Also noteworthy, a new paragraph is proposed to expressly authorize 
effluent trading between point sources to satisfy the requirement for 
no measurable change to existing water quality under certain 
circumstances.
    Previous Federal Register notices concerning designation of the 
Lower Delaware River as Special Protection Waters include notices 
published on September 23, 2004 (69 FR 57008) (proposed designation), 
August 22, 2005 (70 FR 48923) (proposed extension), August 21, 2006 (71 
FR 48497) (proposed extension), and August 22, 2007 (72 FR 46931) 
(proposed extension). The proposed and final versions of the initial 
designation and the subsequent extensions also were published on the 
Commission's Web site, http://www.drbc.net.

    Dated: October 2, 2007.
Pamela M. Bush,
Commission Secretary.
 [FR Doc. E7-19799 Filed 10-5-07; 8:45 am]
BILLING CODE 6360-01-P