[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Rules and Regulations]
[Pages 55750-55751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22637]



[[Page 55750]]

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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: Final rule.

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SUMMARY: By Resolution No. 2008-9 on July 16, 2008, the Delaware River 
Basin Commission (``Commission'' or DRBC) approved amendments to its 
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 to 
assign the Special Protection Waters (SPW) classification ``Significant 
Resource Waters'' (SRW) on a permanent basis to this reach. The 
Commission also approved language to clarify aspects of the SPW 
regulations, especially with respect to existing facilities, that have 
confused some DRBC docket holders and applicants since the SPW program 
was originally adopted by the Commission in 1992 for point sources and 
in 1994 for non-point sources.

DATES: Effective September 26, 2008. The incorporation by reference of 
the publications listed in this rule is approved by the Director of the 
Federal Register as of September 26, 2008.

FOR FURTHER INFORMATION CONTACT: Pamela M. Bush, secretary and 
assistant general counsel, Delaware River Basin Commission, by phoning 
609-883-9500 ext. 203, or by e-mail to [email protected]; 
Kim Wobick, information resources coordinator, Delaware River Basin 
Commission, by phoning 609-883-9500 ext. 263, or by e-mail to 
[email protected].

SUPPLEMENTARY INFORMATION: The Delaware River Basin Commission 
(``Commission'' or ``DRBC'') is a federal-state regional agency charged 
with managing the water resources of the Delaware River Basin without 
regard to political boundaries. Its members are the governors of the 
four Basin states--Delaware, New Jersey, New York and Pennsylvania--and 
the North Atlantic Division Commander of the U.S. Army Corps of 
Engineers, representing the federal government.
    Notice of the proposed amendments appeared in the Federal Register 
(72 FR 57255) on October 9, 2007 as well as in the Delaware Register of 
Regulations on October 1, 2007 (11 DE Reg. 376-378 (10/01/07)), the New 
Jersey Register (39 N.J.R. 4392) on October 15, 2007, the New York 
State Register (page 8) on October 10, 2007 and the Pennsylvania 
Bulletin (37 Pa. B. 5527) on October 13, 2007, respectively. The 
Commission held informational meetings about the proposed changes on 
October 25, 2007 in Stockton, New Jersey and on November 1, 2007 in 
Easton, Pennsylvania. A public hearing was held on December 4, 2007, 
and written comments were received through December 6, 2007.
    By Resolution No. 2005-2 in January of 2005, following a duly 
noticed public hearing, the Commission classified the Lower Delaware 
River as SRW on a temporary basis, pending the determination of numeric 
values for existing water quality for this section of the river and a 
thorough evaluation of the data to determine whether or not to classify 
certain sections of the Lower Delaware as Outstanding Basin Waters and 
whether to make the temporary Special Protection Waters designation 
permanent for some or all of the Lower Delaware. Following additional 
advertised public hearings in September 2005, September 2006, September 
2007 and May 2008, temporary designation was extended repeatedly 
pending the Commission's final action on July 16, 2008. By that action, 
the Commission continued temporary classification of the Lower Delaware 
as SRW once more, until the amendments approved by Resolution No. 2008-
9 are filed with each of the signatory parties in accordance with 
Section 14.2 of the Delaware River Basin Compact and a notice of final 
rulemaking has appeared in the Federal Register.
    A comment and response document addressing comments offered at the 
public hearing and written comments received through the close of the 
comment period is available on the Commission's Web site, DRBC.net. 
Copies of this document may be obtained by request of the Commission's 
information resources coordinator at the telephone and e-mail addresses 
listed above. A charge for printing and mailing may apply.
    DRBC Resolution No. 2008-9, including the amended rule in the form 
approved by the resolution, also is available on the DRBC Web site, 
DRBC.net. The resolution incorporates the entire text of Section 3.10.3 
A.2. of the Water Quality Regulations and Water Code, showing the 
amendments as proposed in October of 2007 and as finally approved by 
the Commission on July 16, 2008. Copies may be obtained from the 
information resources coordinator at the telephone and e-mail addresses 
listed above. A charge for printing and mailing may apply.

List of Subjects in 18 CFR Part 410

    Incorporation by reference, Water pollution control, Water 
reservoirs, Water supply, Watersheds.

0
For the reasons set forth in the preamble, the Delaware River Basin 
Commission amends Part 410 of title 18 of the Code of Federal 
Regulations as follows:

PART 410--BASIN REGULATIONS; WATER CODE AND ADMINISTRATIVE MANUAL--
PART III WATER QUALITY REGULATIONS

0
1. The authority citation for Part 410 continues to read:

    Authority: Delaware River Basin Compact, 75 Stat. 688.


0
2. Revise Sec.  410.1 to read as follows:


Sec.  410.1  Basin regulations--Water Code and Administrative Manual--
Part III Water Quality Regulations.

    (a) The Water Code of the Delaware River Basin is a codification of 
regulations of the Delaware River Basin Commission applicable to public 
and private water projects and programs within the Delaware River 
Basin. Article I of the water code sets forth general policies of the 
Commission. Article II concerns the conservation, development and 
utilization of Delaware River Basin water resources, including during 
periods of drought. Article III sets forth water quality standards and 
guidelines for the Delaware River Basin. Article IV contains rules 
relating to application of water quality standards within the Basin. 
The Commission's Administrative Manual--Part III, Water Quality 
Regulations, applies to all public and private entities that discharge 
waste to waters of the Delaware River Basin.
    (b) Article III of the water code consists of Article III of the 
water quality regulations. Article IV of the water code consists of 
portions of Article IV of the water quality regulations.
    (c) Work, services, activities and facilities affecting the 
conservation, utilization, control, development or management of water 
resources within the Delaware River Basin are subject to the 
regulations contained within the Delaware River Basin Water Code with 
Amendments Through July 16, 2008, Printed: September 12, 2008, and the 
Administrative Manual Part III Water Quality Regulations with 
Amendments Through July 16, 2008, Printed:

[[Page 55751]]

September 12, 2008. Both the Delaware River Basin Water Code and the 
Administrative Manual Part III Water Quality Regulations are 
incorporated by reference into this part with the approval of the 
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 
51. You may obtain or inspect a copy at the Delaware River Basin 
Commission (DRBC), 25 State Police Drive, West Trenton, New Jersey 
08628-0360, 609-883-9500, http://www.drbc.net, or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Dated: September 18, 2008.
Pamela M. Bush,
Secretary and Assistant General Counsel.
 [FR Doc. E8-22637 Filed 9-25-08; 8:45 am]
BILLING CODE 6360-01-P