Amendments to the Water Quality Regulations, Water Code and Comprehensive Plan To Classify the Lower Delaware River as Special Protection Waters, 55750-55751 [E8-22637]
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Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Rules and Regulations
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
Delaware River Basin
Commission.
ACTION: Final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
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
pamela.bush@drbc.state.nj.us; Kim
Wobick, information resources
coordinator, Delaware River Basin
Commission, by phoning 609–883–9500
ext. 263, or by e-mail to
kim.wobick@drbc.state.nj.us.
SUPPLEMENTARY INFORMATION: The
Delaware River Basin Commission
(‘‘Commission’’ or ‘‘DRBC’’) is a federalstate 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
VerDate Aug<31>2005
17:40 Sep 25, 2008
Jkt 214001
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
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
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.
■ 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
1. The authority citation for Part 410
continues to read:
■
Authority: Delaware River Basin Compact,
75 Stat. 688.
■
2. Revise § 410.1 to read as follows:
§ 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:
E:\FR\FM\26SER1.SGM
26SER1
Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Rules and Regulations
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, https://
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 https://
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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2007–0011; FRL–8721–5]
RIN 2060–AN72
Standards of Performance for
Petroleum Refineries
Environmental Protection
Agency (EPA).
ACTION: Final rule; reconsideration and
stay of effective date.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: This action grants Petitioners’
request for reconsideration and
Petitioners’ request for a stay until
December 25, 2008 for certain specific
provisions in the newly promulgated
standards of performance for new,
modified, or reconstructed process units
at petroleum refineries. The effective
date for the final rule promulgating
amendments to the current standards of
performance for petroleum refineries
has not changed and remains June 24,
2008.
DATES: Effective September 26, 2008, in
Title 40 CFR part 60, subpart Ja,
§ 60.100a(c), the definition of ‘‘flare’’ in
§ 60.101a, and §§ 60.102a(g), 60.107a(d),
and 60.107a(e) are stayed until
December 25, 2008.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert B. Lucas, Office of Air Quality
Planning and Standards, Sector Policies
and Programs Division, Coatings and
Chemicals Group (E143–01),
Environmental Protection Agency,
VerDate Aug<31>2005
18:25 Sep 25, 2008
Jkt 214001
Research Triangle Park, NC 27711,
telephone number: (919) 541–0884; fax
number: (919) 541–0246; e-mail address:
lucas.bob@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Environmental Protection Agency
published a final rule on June 24, 2008
that contained the following: (1) Final
amendments to the existing refineries
new source performance standards
(NSPS) in 40 CFR part 60, subpart J; and
(2) a new refineries NSPS in 40 CFR part
60, subpart Ja (73 FR 35838). The
preamble to that rule contained an
incorrect effective date and contained
an error in the Congressional Review
Act (CRA) statement in the Statutory
and Executive Order Reviews section.
To address that error, the effective date
of NSPS subpart Ja was stayed for 60
days until September 26, 2008. The
amendments in NSPS subpart J were not
affected and remained effective from
June 24, 2008.
On June 13, 2008, the American
Petroleum Institute (API), the National
Petrochemical and Refiners Association
(NPRA), and the Western States
Petroleum Association (WSPA)
(collectively referred to as ‘‘Industry
Petitioners’’) requested an
administrative stay under Clean Air Act
(CAA) section 307(d)(7)(B) of certain
provisions of 40 CFR part 60, subpart Ja.
On July 25, 2008, the Industry
Petitioners sought reconsideration of the
provisions of NSPS subpart Ja for which
they had previously requested a stay.
Specifically, Industry Petitioners
requested that EPA reconsider the
following provisions in NSPS subpart
Ja: (1) The definition of ‘‘modification’’
(40 CFR 60.100a(c)); (2) the definition of
‘‘flare’’ (40 CFR 60.101a); (3) the fuel gas
combustion device sulfur limits as they
relate to flares (40 CFR 60.102a(g)(1));
(4) the flow limit for flare systems (40
CFR 60.102a(g)(3)); (5) the total reduced
sulfur and flow monitoring
requirements for flares (40 CFR
60.107a(d), (e)); and (6) the nitrogen
oxide (NOX) limit for process heaters (40
CFR 60.102a(g)(2)). Subsequently, on
August 21, 2008, the Industry
Petitioners identified additional issues
for reconsideration.
On August 25, 2008, HOVENSA, LLC
(‘‘HOVENSA’’) filed a petition for
reconsideration of the following
provisions of 40 CFR part 60, subpart Ja:
(1) the NOX limit for process heaters (40
CFR 60.102a(g)(2)); (2) the flaring
requirements, including the definitions
of ‘‘flare’’ and ‘‘modification’’ (40 CFR
60.100a(c), 60.101a, 60.102a(g)–(i),
60.103a(a)–(b)); and (3) the
depressurization work practice standard
PO 00000
Frm 00069
Fmt 4700
Sfmt 4700
55751
for delayed coking units (40 CFR
60.103a(c)). The petition also requested
that EPA stay the effectiveness of these
provisions during the reconsideration
process.
EPA received a third petition for
reconsideration on August 25, 2008,
from the Environmental Integrity
Project, Sierra Club, and Natural
Resources Defense Council
(‘‘Environmental Petitioners’’)
requesting EPA reconsider several
aspects of 40 CFR part 60, subpart Ja.
The petition identifies the following
issues for reconsideration: (1) EPA’s
decision not to promulgate NSPS for
carbon dioxide and methane emissions
from refineries; (2) the flaring
requirements (40 CFR 60.100a(c),
60.101a, 60.102a(g)–(i), 60.103a(a)–(b));
(3) the NOX limit for fluid catalytic
cracking units (FCCU) (40 CFR
60.102a(b)(2)); and (4) the particulate
matter limit for FCCU (40 CFR
60.102a(b)(1)). Unlike the other
Petitioners, Environmental Petitioners
did not seek a stay of these provisions
during reconsideration.
EPA has begun reviewing all of these
petitions and is addressing in this notice
only those issues for which Industry
Petitioners and HOVENSA sought
reconsideration and a stay of those
specific provisions during
reconsideration. EPA is taking no action
on all of the other issues raised in the
petitions but will consider all of the
outstanding issues in a future notice.
In this action, EPA is granting
reconsideration with respect to the
following provisions: (1) The definition
of ‘‘modification;’’ (2) the definition of
‘‘flare;’’ (3) the fuel gas combustion
device sulfur limits as they apply to
flares; (4) the flow limit for flare
systems; (5) the total reduced sulfur and
flow monitoring requirements for flares;
and (6) the NOX limit for process
heaters. We are granting reconsideration
on these specific issues because the
grounds for Petitioners’ objections arose
after the public comment period (but
within the time specified for judicial
review) and the objections are of central
relevance to the outcome of the final
rule pursuant to CAA section
307(d)(7)(B).
EPA is also granting Industry
Petitioners and HOVENSA’s request for
a 90-day stay of the following provisions
that are under reconsideration (see CAA
section 307(d)(7)(B)): (1) The definition
of ‘‘modification;’’ (2) the definition of
‘‘flare;’’ (3) the fuel gas combustion
device sulfur limits; (4) the flow limit
for flare systems; (5) the total reduced
sulfur and flow monitoring
requirements for flares; and (6) the NOX
limit for process heaters. We are staying
E:\FR\FM\26SER1.SGM
26SER1
]]>Agencies
[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Rules and Regulations]
[Pages 55750-55751]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22637]
[[Page 55750]]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 pamela.bush@drbc.state.nj.us;
Kim Wobick, information resources coordinator, Delaware River Basin
Commission, by phoning 609-883-9500 ext. 263, or by e-mail to
kim.wobick@drbc.state.nj.us.
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, https://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
https://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
