1542 Temporary amendments to the water quality regulations, water code and comprehensive plan to extend designation of the lower Delaware River as a special protection water

Title 25--ENVIRONMENTAL PROTECTION

DELAWARE RIVER BASIN COMMISSION

[25 PA. CODE CH. 901]

Temporary Amendments to the Water Quality Regulations, Water Code and Comprehensive Plan to Extend Designation of the Lower Delaware River as a Special Protection Water

[37 Pa.B. 4620]
[Saturday, August 25, 2007]

   At its public meeting on September 27, 2006, the Delaware River Basin Commission (Commission) amended its Water Quality Regulations, Water Code and Comprehensive Plan by extending through September 2007 its temporary classification of the nontidal Lower Delaware River as Significant Resource Waters (SRW). The effect of temporary classification 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 except those that depend for implementation upon the use of numeric values for existing water quality.

Dates

   This final-form rulemaking is effective immediately and, unless extended by amendment, expires on September 30, 2007. An accompanying proposed rulemaking at 37 Pa.B. 4624 (August 25, 2007) proposes to extend this final-form rulemaking through May 15, 2008, pending a separate notice and comment rulemaking to permanently classify the Lower Delaware.

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 Quality Regulations and its Water Code, 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 continue to apply within the drainage area to the Lower Delaware River as a result of the Commission's extension of the SRW classification 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 nonpoint source pollution control plan approved by the Commission.

   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 temporary 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, [phone], Ext. 203.

   The final-form rulemaking temporarily amends the 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 September 30, 2007, unless extended by amendment to this rule.

PAMELA M. BUSH,   
Secretary

   Fiscal Note:  Fiscal Note 68-48 remains valid for the final adoption of the subject regulation.

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 andWater 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. 07-1542. Filed for public inspection August 24, 2007, 9:00 a.m.]