PROPOSED RULEMAKING
DELAWARE RIVER
BASIN COMMISSION
[25 PA CODE CH. 901]
Amendment of the Water Quality Regulations, Water Code and Comprehensive Plan to Classify the Lower Delaware River as Special Protection Waters
[34 Pa.B. 5557] The Delaware River Basin Commission (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 classify as Special Protection Waters the reach of the main stem Delaware River known as the Lower Delaware. The Lower Delaware extends from the southern boundary of the Delaware Water Gap National Recreation Area at River Mile (RM) 209.5 to the head of tide at Trenton, NJ, RM 133.4.
Supplemental Information
Background
The Special Protection Waters regulations, consisting of § 3.10.3.A.1. of the Water Quality Regulations (Regulations), are intended to maintain the quality of interstate waters where existing water quality is better than the established stream quality objectives. The Regulations consist in large part of a series of policies regarding: water quality management (§ 3.10.3.A.2.b.); allowable discharges (§ 3.10.3.A.2.c.); wastewater treatment facilities (§ 3.10.3.A.2.d.); the control of nonpoint sources of pollution (§ 3.10.3.A.2.e.); and intergovernmental responsibilities (§ 3.10.3.A.2.f.). Other sections of the rule include definitions (§ 3.10.3.A.2.a.), a list of waters classified as Special Protection Waters (§ 3.10.3.A.2.g.), a table defining existing water quality with numeric values for a series of different parameters in each of the river sections classified as Special Protection Waters (Table 1) and a table describing the location of the Boundary and Interstate Special Protection Waters Control Points, which are the locations used to assess water quality for purposes of defining and protecting existing water quality (Table 2).
To be protected as Special Protection Waters, stream reaches must be classified as either Outstanding Basin Waters or Significant Resource Waters. Outstanding Basin Waters are defined as ''interstate and contiguous intrastate waters that are contained within the established boundaries of National parks; National wild, scenic and recreational rivers systems; and/or National wildlife refuges that are classified by the Commission under Subsection 2.g.1. [of the Regulations] as having exceptionally high scenic, recreational and ecological values that require special protection'' (§ 3.10.3.A.2.a.1.). ''Significant Resource Waters'' are defined as ''interstate waters classified by the Commission under Subsection 2.g.2. [of the Regulations] as having exceptionally high scenic, recreational, ecological, and/or water supply uses that require special protection'' (§ 3.10.3.A.2.a.2.).
In accordance with § 3.10.3.A.2. of the Regulations, the Delaware Riverkeeper Network submitted to the Commission in April 2001 a nomination petition requesting that the Commission classify the Lower Delaware River as Special Protection Waters. The Commission initiated a 5-year monitoring program in May 2000 to characterize existing water quality in the Lower Delaware. Four years of data have been collected and analyzed. Data collection and analysis for the 5th year will be completed in 2004.
A series of studies, plans and policies and a Federal designation document the scenic, recreational, ecological and water supply values and uses of the Lower Delaware and support the goal of preserving these qualities. The 4 years of data and findings set forth in the report entitled, Delaware Eligibility Determination for DRBC Declaration of Special Protection Waters (DRBC, August 2004) demonstrate that water quality in the Lower Delaware River is better than the water quality criteria. The Lower Delaware National Wild & Scenic River Study Report (National Park Service, Northeast Region, 1999) documents that the Lower Delaware River includes islands, wetlands and diverse ecosystems that support rare and endangered plant and animal species and constitute scenic and recreational amenities. The Lower Delaware River Management Plan (Lower Delaware River Wild and Scenic River Study Task Force and Local Government Committee, with assistance from the National Park Service, August 1997) (LDRMP) contains goals regarding water quality, natural resources, historic resources, recreation, economic development and open space preservation for the Lower Delaware River. Goal 1 of the LDRMP calls for maintaining, and when practical, improving existing water quality in the main stem of the Lower Delaware River and its tributaries. On November 1, 2000, the President of the United States signed Pub. L. No. 106-418, designating portions of the Lower Delaware River as part of the National Wild and Scenic Rivers System (system). The system was established by Congress in 1968 to preserve the character of rivers with ''outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural or other similar values'' and to ensure that designated rivers remain free-flowing (Pub. L. No. 106-418, 106th Congress). The Water Resources Plan for the Delaware River Basin (DRBC Watershed Advisory Committee, September 2004) (Basin Plan), which is supported by each of the Commission's signatories, directs ''[w]here water quality meets or is better than standards for the protection of aquatic life and wildlife, implement anti-degradation regulations, policies and/or other mechanisms to maintain or improve existing water quality'' (Basin Plan, p. 67).
Proposed Amendments
The Commission proposes to amend the Special Protection Waters regulations by adding one section of the main stem Delaware River to the list of stream reaches classified as Outstanding Basin Waters (see § 3.10.3.A.2.g.1) and two sections of the main stem Delaware River to the list of stream reaches classified as Significant Resource Waters (see § 3.10.3.A.2.g.2). The section of the main stem proposed to be classified as Outstanding Resource Waters is the reach extending from RM 171.4, a point just south of the Gilbert Generating Station in Holland Township, NJ, to RM 141.8, at Washington Crossing, PA. The sections of the main stem proposed to be classified as Significant Resource Waters extend from RM 209.5, the downstream boundary of the Delaware Water Gap National Recreation Area, to RM 171.4, the location of which is previously noted, and from RM 141.8 at Washington Crossing, PA, to RM 133.4, the location of the head of tide at Trenton, NJ.
The proposed amendments do not at this time include additions to Table 1, defining existing water quality in each classified reach with numeric values for a series of different parameters, or to Table 2, describing the location of the Boundary and Interstate Special Protection Waters Control Points. These amendments will be made at a later date, when analysis of a 5th year of water quality data for the Lower Delaware has been completed. Thus, the Commission proposes to add § 3.10.3.A.2.g.6)., providing that the regulations that depend for enforcement upon the use of approved numeric values for existing water quality will not apply, under the proposed amendments, to regulated activities within the drainage area of the Lower Delaware River, and that all other provisions of § 3.10.3.A.2. will apply upon the effective date of the proposed amendments. Provisions of the Special Protection Waters regulations that will apply within the drainage area to the Lower Delaware River include the following: § 3.10.3.A.2.c.1.--3., in part requiring an analysis of alternatives to new or expanded discharges; § 3.10.3A.2.d.1.--7., setting forth requirements for wastewater treatment facilities; and § 3.10.3A.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 or wastewater, or both, discharge project be subject to the condition that new connections to the project system be limited to service areas regulated by nonpoint source control plans approved by the Commission.
Dates
The public hearing will be held on October 27, 2004, at approximately 2 p.m. as part of the Commission's regularly scheduled business meeting. This time is approximate because the Commission will conduct hearings on several dockets (project approvals) beforehand, at approximately 1:30 p.m. The hearing will continue until all those who wish to testify are afforded an opportunity to do so. In the event all those who wish to testify cannot be heard on October 27, 2004, the hearing will be continued at a date, time and location to be announced by the Commission chair that day. Persons wishing to testify at the hearing are asked to register in advance with the Commission Secretary, (609) 883-9500, Ext. 224. Written comments will be accepted through Tuesday, November 30, 2004.
Addresses
The public hearing will be held in the Kirby Auditorium, National Constitution Center, 525 Arch Street, Independence Mall, Philadelphia, PA. Written comments should be addressed to the Commission Secretary, DRBC, P. O. Box 7360, West Trenton, NJ 08628-0360, fax (609) 883-9522, paula.schmitt@drbc.state.nj.us. Overnight mail should be sent to Commission Secretary, DRBC, 25 State Police Drive, West Trenton, NJ 08628-0360.
Additional Information and Contact Person
The full text of the draft resolution containing the proposed rule change, a map illustrating the proposed stream classifications, a map illustrating the Wild and Scenic Rivers System designations in the Lower Delaware and reports about the Lower Delaware is at the Commission's website: www.drbc.net. The Commission will hold two informational meetings on the proposed rulemaking. One meeting will be held on Thursday, October 14, 2004, from 7 p.m. to 9 p.m. at the Delaware and Raritan Canal Commission Office, Prallsville Mills Complex, 33 Risler Street (Route 29), Stockton, NJ. A meeting will be held on Wednesday, October 20, 2004, from 7 p.m. to 9 p.m. in Room 315, Acopian Engineering Building, Lafayette College, High Street, Easton, PA. Directions to the meeting locations will be posted on the Commission's website in advance of the meeting dates. Contact Pamela Bush, (609) 883-9500 Ext. 203, with questions about the proposed rulemaking or the rulemaking process.
It is proposed to amend the Water Quality Regulations and Water Code as follows:
Section 3.10.3.A.2.g.1)., listing stream reaches classified as Outstanding Basin Waters, is proposed to be amended by the addition of the following:
(e) The Lower Delaware River between River Miles 171.4 and 141.8 (a point just south of the Gilbert Generating Station in Holland Township, NJ to Washington Crossing, PA).Section 3.10.3.A.2.g.2)., listing stream reaches classified as Significant Resource Waters, is proposed to be amended by the addition of the following:
(b) The Lower Delaware River between River Miles 209.5 and 171.4 (the downstream boundary of the Delaware Water Gap National Recreation Area to a point just south of the Gilbert Generation Station in Holland Township, NJ);(c) The Lower Delaware River between River Miles 141.8 and 133.4 (Washington Crossing, PA to the Head of Tide at Trenton, NJ).Section 3.10.3.A.2.g is proposed to be amended by the addition of the following:
6). For the stream reaches listed in Sections 3.10.3.A.2.g.1).(e) and 3.10.3.A.2.g.1).(b) and (c), all provisions of Section 3.10.3.A.2 shall be in effect except those that depend for enforcement upon the use of approved numeric values for existing water quality.PAMELA M. BUSH,
SecretaryFiscal Note: 68-43. 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 [(2001)] (2004) and the Water Code and Water Quality Standards as set forth in 18 CFR Part 410 [(2001)] (2004) are hereby incorporated by reference and made a part of this title.
[Pa.B. Doc. No. 04-1851. Filed for public inspection October 8, 2004, 9:00 a.m.]
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