Amendments to the Water Quality Regulations, Water Code and Comprehensive Plan to Classify the Lower Delaware River as Special Protection Waters and Clarify Aspects of the Special Protection Waters Regulations

I.D. No.: Not applicable.

Filing Date: September 15, 2008

Effective Date: Upon filing with each of the signatory parties in accordance with Section 14.2 of the Delaware River Basin Compact and publication in the Federal Register.

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 B Delaware, New Jersey, New York and Pennsylvania B and the North Atlantic Division Commander of the U.S. Army Corps of Engineers, representing the federal government. The DRBC is not subject to the requirements of the State Administrative Procedure Act. The purpose of this notice is to advise the public that duly adopted regulations of the Commission have been filed with the State of New York in accordance with Section 14.2 of the Delaware River Basin Compact.

Action Taken: On July 16, 2008, the Delaware River Basin Commission adopted amendments to its Water Quality Regulations § 3.10.3 A.2. and Water Code § 3.10.3 A.2. B 21 NYCRR 860.3(a)(2).

Statutory Authority: Delaware River Basin Compact, New York Laws of 1961, Chapter 148, Approved March 17, 1961.

Subject: Special protection waters

Purpose: To establish numeric values for existing water quality for the reach of the main stem Delaware River known as the "Lower Delaware", to permanently designate the Lower Delaware as Special Protection Waters (SPW) and to clarify aspects of the existing regulations, especially with respect to facilities in place prior to SPW designation.

Substance of final rule: By Resolution No. 2008 9, the Commission 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 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, especially with respect to facilities in place prior to SPW designation. Among other things, definitions were added for the terms "substantial alterations and additions", "load" and "incremental load"; the requirements for analysis of alternatives to a discharge were clarified; and language was inserted to clarify that the rules do not preclude the use of a limited mixing zone within the main stem for a tributary discharge under certain circumstances.

Text of rule may be obtained from: The text of DRBC Resolution No. 2008 9, incorporating the rule text as an attachment, is available on the DRBC website, DRBC.net. The text is shown as proposed in October of 2007 and as finally approved by the Commission on July 16, 2008. Printed copies may be obtained from the Commission by contacting Information Resources Coordinator Kim Wobick at 609 883 9500, ext. 263 or at [email protected]. A charge for printing and mailing will apply.

Assessment of public comment: A detailed 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 website, DRBC.net. Printed copies of this document may be obtained by contacting the Information Resources Coordinator, Kim Wobick, who can be reached at 609 883 9500, ext. 263 or at [email protected]. A charge for printing and mailing will apply.

Pamela M. Bush

Commission Secretary and Asst. General Counsel