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PA Bulletin, Doc. No. 07-1545

PROPOSED RULEMAKING

DELAWARE RIVER BASIN COMMISSION

[25 PA. CODE CH. 901]

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

[37 Pa.B. 4624]
[Saturday, August 25, 2007]

   The Delaware River Basin Commission (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 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 by September. 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 at 1:30 p.m. on Wednesday, September 26, 2007, during the Commission's regular business meeting, which will be held at the Commission's office building, 25 State Police Drive, West Trenton, NJ. Driving directions are available on the Commission's website, www.drbc.net. Persons wishing to testify are asked to register in advance with the Commission Secretary, (609) 883-9500, Ext. 203. Written comments will be accepted through the close of the public hearing; however earlier submittals would be appreciated.

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, NJ, 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 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 the following: Section 3.10.3 A.2.c.1--3, in part requiring that no new or expanded wastewater discharges may be permitted in waters classified as Special Protection Waters until all nondischarge-load reduction alternatives have been fully evaluated and rejected because of technical or financial infeasibility; Section 3.10.3 A.2.d.1--7, setting forth requirements for wastewater treatment facilities; and Section 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, 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 the remaining issues with respect to implementation, but 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 6 months more. If approved, the classification would 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 register notices concerning designation of the Lower Delaware River as Special Protection Waters include notices published in the Federal Register at 69 FR 57008 (September 23, 2004) (proposed Special Protection Waters designation), 70 FR 48923 (August 22, 2005) (proposed extension through September 30, 2006) and 71 FR 48497 (August 21, 2006) (proposed extension through September 30, 2007); and in the Pennsylvania Bulletin at 34 Pa.B. 5557 (October 9, 2004) (proposed designation), 35 Pa.B. 5005 and 5013 (September 10, 2005) (temporary amendment and proposed extension) and 36 Pa.B. 4726 (August 26, 2006) (proposed extension). 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 website, www.drbc.net. The final rules have been filed in accordance with Section 14.2(a) of the Delaware River Basin Compact, Pa. Acts of 1961, Act No. 268.

Further Information, Contacts:

   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 website at 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 website. For further information, contact Pamela M. Bush, Commission Secretary and Assistant General Counsel, Delaware River Basin Commission, (609) 883-9500, Ext. 203.

   It is proposed to amend Section 3.10.3.A.2.g.6. of the Water Quality Regulations and Water Code by replacing the last paragraph of that section with the following:

Sections 3.10.3.A.2.g.2).(b) and 3.10.3.A.2.g.6). shall expire on May 15, 2008, unless extended by amendment to this rule.

PAMELA M. BUSH,   
Secretary

   (Editor's Note:  For a final-form rulemaking relating to this document, see 37 Pa.B. 4620 (August 25, 2007).)

   Fiscal Note:  68-49. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 25.  ENVIRONMENTAL PROTECTION

PART V.  DELAWARE RIVER BASIN COMMISSION

CHAPTER 901.  GENERAL PROVISIONS

§ 901.2.  Comprehensive Plan and water quality.

   The Comprehensive Plan regulations as set forth in 18 CFR Part 401, Subpart A (2007) and the Water Code and Water Quality Standards as set forth in 18 CFR Part 410 (2007) are hereby incorporated by reference and made a part of this title.

[Pa.B. Doc. No. 07-1545. Filed for public inspection August 24, 2007, 9:00 a.m.]


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