Amendments to the Water Quality Regulations, Water Code and Comprehensive Plan to Update Water Quality Criteria for Toxic Pollutants in the Delaware Estuary and Extend These Criteria to Delaware Bay, 41106-41119 [2010-17118]
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Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Proposed Rules
39 of the Federal Aviation Regulations
(14 CFR part 39) as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Issued in Fort Worth, Texas, on July 6,
2010.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. 2010–17283 Filed 7–14–10; 8:45 am]
BILLING CODE 4910–13–P
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
DELAWARE RIVER BASIN
COMMISSION
[Amended]
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2. Section 39.13 is amended by
adding a new airworthiness directive to
read as follows:
Robinson Helicopter Company: Docket No.
FAA–2010–0711; Directorate Identifier
2008–SW–25–AD.
Applicability: Model R22, R22 Alpha, R22
Beta, and R22 Mariner helicopters, serial
numbers (S/N) 0002 through 3325, that have
more than 2,200 hours total time-in-service
(TIS); and Model R44 and R44 II helicopters,
S/N 0001 through 1200, that have more than
2,200 hours total TIS, certificated in any
category.
Compliance: Required as indicated, unless
accomplished previously.
To prevent the tail rotor (T/R) control
pedal bearing block support (support) from
breaking, which can bind the T/R control
pedals, resulting in a reduction of yaw
control and subsequent loss of control of the
helicopter, accomplish the following:
(a) Within 100 hours TIS, visually inspect
each A359–1 (left) and A359–2 (right) pedal
support for a crack by referring to the figure
in Robinson Helicopter Company (Robinson)
Service Bulletin SB–97, dated February 22,
2008 (SB–97) for all Model R22 helicopters,
and Robinson Service Bulletin SB–63, dated
February 22, 2008 (SB–63) for all Model R44
helicopters.
(1) If you find a crack in a support, before
further flight, replace the cracked support
with an airworthy support that is at least
0.050-inch thick.
(2) For each uncracked support, measure
the thickness of the support. If the support
is less than 0.050-inch thick, before further
flight, install a safety tab on the support in
accordance with steps 4 and 5 of the
Compliance Procedures section in SB–97 or
SB–63, as appropriate for your model
helicopter.
(b) At the next 2,200 hours TIS overhaul,
replace any support that is less than 0.050inch thick, with an airworthy support that is
at least 0.050-inch thick.
(c) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Contact the Manager, Los Angeles
Aircraft Certification Office, FAA, ATTN:
Eric D. Schrieber, Aviation Safety Engineer,
3960 Paramount Blvd., Lakewood, California
90712, telephone (562) 627–5348, fax (562)
627–5210 (regarding Model R22 helicopters);
or ATTN: Fred Guerin, Aviation Safety
Engineer, telephone (562) 627–5232, fax
(562) 627–5210 (regarding Model R44
helicopters) for information about previously
approved alternative methods of compliance.
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18 CFR Part 410
Amendments to the Water Quality
Regulations, Water Code and
Comprehensive Plan to Update Water
Quality Criteria for Toxic Pollutants in
the Delaware Estuary and Extend
These Criteria to Delaware Bay
AGENCY: Delaware River Basin
Commission.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Delaware River Basin
Commission (DRBC or ‘‘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 update many of
the Commission’s stream quality
objectives (also called water quality
criteria) for human health and aquatic
life for toxic pollutants in the Delaware
Estuary (DRBC Water Quality Zones 2
through 5) and to extend application of
the criteria to Delaware Bay (DRBC
Water Quality Zone 6). The proposed
changes will bring the Commission’s
criteria for toxic pollutants into
conformity with current guidance
published by the U.S. Environmental
Protection Agency (EPA) and provide a
more consistent regulatory framework
for managing the tidal portion of the
main stem Delaware River.
DATES: The public hearing will take
place on Thursday, September 23, 2010
at 2:30 p.m. and will continue on that
day until all those who wish to testify
are afforded an opportunity to do so.
Written comments will be accepted
through 5 p.m. on Friday, October 1,
2010.
ADDRESSES: The public hearing will take
place in the Goddard Room at the
Commission’s office building, located at
25 State Police Drive, West Trenton,
New Jersey. Driving directions are
available on the Commission’s Web site,
https://www.drbc.net. Please do not rely
on Internet mapping services as they
may not provide accurate directions to
this location.
Written comments may be submitted
by e-mail to regs@drbc.state.nj.us by fax
to Regulations at 609–883–9522; by U.S.
Mail to Regulations c/o Commission
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Secretary, DRBC, P.O. Box 7360, West
Trenton, NJ 08628–0360; or by private
mail carrier to Regulations c/o
Commission Secretary, DRBC, 25 State
Police Drive, West Trenton, NJ 08628–
0360. In all cases, please include the
commenter’s name, address and
affiliation if any in the comment and
include ‘‘Water Quality Criteria’’ in the
subject line.
FOR FURTHER INFORMATION CONTACT: The
current rule and the full text of the
proposed amendments are posted on the
Commission’s Web site, https://
www.drbc.net, along with the report
entitled ‘‘Water Quality Criteria for
Toxic Pollutants for Zones 2–6 of the
Delaware Estuary: Basis and
Background Document’’ (DRBC, June
2010) and a set of PowerPoint slides
presented to the Commission at the
latter’s public meeting on December 9,
2009 by the chair of the Commission’s
Toxics Advisory Committee. Hard
copies of these materials may be
obtained for the price of postage by
contacting Ms. Paula Schmitt at 609–
883–9500, ext. 224. For questions about
the technical basis for the rule, please
contact Dr. Ronald MacGillivray at 609–
477–7252. For queries about the
rulemaking process, please contact
Pamela Bush at 609–477–7203.
SUPPLEMENTARY INFORMATION:
Background. At the request of the
states of Delaware, New Jersey and
Pennsylvania, which border the
Delaware Estuary (hereinafter, ‘‘the
Estuary States’’), the Commission in
1996 adopted water quality criteria for
human health and aquatic life for Water
Quality Zones 2 through 5 (Trenton,
New Jersey to Delaware Bay) of the main
stem Delaware River and the tidal
portions of its tributaries for a set of
pollutants that included the list of
Priority Pollutants published by the
EPA in accordance with section 307 of
the federal Clean Water Act (CWA);
other pollutants for which EPA had
published national recommended
criteria in accordance with section
304(a) of the CWA; and additional
pollutants for which one or more of the
Estuary States had adopted criteria. See
40 CFR 401.15 (consisting of a list of 65
toxic pollutants, including categories of
pollutants, for which effluent
limitations are required in accordance
with section 307(a)(1) of the Clean
Water Act, 33 U.S.C. 1317(a)(1));
Appendix A of 40 CFR Part 423
(consisting of a list of 129 ‘‘Priority
Pollutants,’’ individual chemicals and
forms of chemicals for which EPA has
established national criteria); and 33
U.S.C. 1314(a) (providing for criteria
development and publication by EPA).
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Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Proposed Rules
Managing an interstate waterway that
is simultaneously an industrial and
commercial hub, a source of drinking
water for urban and suburban
populations in three states and a fragile
tidal ecosystem is a complex task. After
nearly fifteen years of applying uniform
human health and aquatic life criteria in
the Delaware Estuary, the Commission
has determined that maintaining a
uniform set of criteria in a single
regulatory code is an essential predicate
to measuring and managing the
ecological health of this vital interstate
resource.
Since 1996, EPA has updated its
guidance for the development of human
health water quality criteria and its list
of national recommended water quality
criteria for many toxic pollutants to
reflect advances in scientific knowledge.
Although the states have independently
amended some of their criteria to
conform to the current guidance and
national recommended criteria, the
Commission has not yet done so. The
result is that many of DRBC’s estuary
toxics criteria are not currently
consistent with state criteria, best
available science, or current EPA
guidance. Moreover, because the Bay
and Estuary comprise a single tidal
system in which each water quality
zone is at times downstream and at
times upstream of the adjacent zone or
zones, regulators, dischargers and other
stakeholders have determined that they
are ill-served by excluding the Bay from
application of uniform criteria in the
Estuary. Amending the criteria at this
time is necessary to restore consistency
and fairness in the regulation of
discharges, to facilitate coordination
among state and federal programs and to
continue to ensure that regulation of
water quality in the shared interstate
waters of the Estuary and Bay is based
on the best science available.
The proposed amendments to the
Commission’s human health and
aquatic life criteria for the Estuary and
Bay were developed by the
Commission’s standing Toxics Advisory
Committee (TAC), comprised of
representatives of the four basin states—
Delaware, New Jersey, New York and
Pennsylvania—and members of the
academic, agricultural, public health,
industrial and municipal sectors and
non-governmental environmental
community. The TAC in 2007 adopted
as its objectives (a) evaluating recent
data and current methodologies for
establishing water quality criteria for
toxic pollutants and (b) developing
recommendations for revising the
Commission’s 1996 criteria to reflect
current science and risk assessment
procedures and provide for consistency
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across interstate waters. The TAC’s
recommendations were formally
presented to the Commissioners at a
public meeting on December 9, 2009 by
then TAC chair, Christopher S. Crocket
of the Philadelphia Water Department.
Dr. Crockett’s PowerPoint presentation
is available on the Commission’s Web
site.
No Change Proposed to Criteria for
PCBs and Taste and Odor. The
amendments proposed by the
Commission in this rulemaking do not
include changes to the Commission’s
criteria for polychlorinated biphenyls
(PCBs), currently listed in Table 6
(criteria for carcinogens) and Table 7
(criteria for systemic toxicants) of
Article 3 of the Commission’s Water
Quality Regulations and Water Code, or
to the criteria to protect the taste and
odor of ingested water and fish, set forth
in Table 4 of the same Article. The
Commission initiated a separate
rulemaking in August of 2009 to update
its human health criteria for
carcinogenic effects for PCBs in the
Delaware Estuary (see 74 FR 41100).
The comment period for that proposal
ended on October 19, 2009 and the
Commission has not yet approved a
final rule. The current PCB criteria will
continue in effect pending completion
of the Commission’s separate
rulemaking for PCBs. The Commission’s
Toxics Advisory Committee has not yet
taken up the matter of revisions to the
criteria to protect taste and odor.
Proposed Changes. The Commission’s
criteria for human health and aquatic
life in the Delaware Estuary are listed in
tables 3, 5, 6 and 7 of section 3.30
‘‘Interstate Streams—Tidal’’ of the Water
Quality Regulations and Water Code. In
addition to extending these criteria to
Water Quality Zone 6, two major types
of changes to the criteria are proposed:
(1) Compounds are proposed to be
added to or deleted from the four tables
and (2) numeric criteria for many of the
compounds currently listed in the tables
are proposed to be revised. In addition,
to assist users sub-headings have been
added for categories of pollutants
(metals, pesticides, etc.) and the
sequence of the parameters has been
modified to arrange them within these
categories. Minor changes for
consistency in spelling and
capitalization are also proposed. The
additions, deletions and criteria changes
are proposed in order to make the list
of regulated compounds consistent with
current EPA guidance and to ensure the
criteria are uniform throughout the
shared waters. The Basis and
Background Document cited above sets
forth in detail the policies and technical
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assumptions on which the TAC relied in
developing the revised criteria.
The proposed changes to tables 3, 5,
6 and 7 are described briefly below:
For Table 3, ‘‘Maximum Contaminant
Levels [‘‘MCLs’’] to be Applied as
Human Health Stream Quality
Objectives in Zones 2 and 3’’:
• Antimony, Cadmium, 1,2Dichloropropane, Ethylbenzene and
1,2,4-Trichlorobenzene are proposed to
be removed because the proposed
updates to Table 7 (criteria for systemic
toxicants) would establish DRBC criteria
for these compounds more stringent
than the MCLs.
• Nickel is proposed to be removed
because the MCL for nickel was
withdrawn by the EPA.
• Chromium (total) is proposed to be
replaced by Chromium III for
consistency with current EPA guidance.
• Current MCL values for Beryllium,
Copper, Lead, alpha-BHC, beta-BHC,
2,4-Dichloro-phenoxyacetic acid (2,4-D),
Methoxychlor, Toxaphene, Dioxin
(2,3,7,8-TCDD), 2,4,5-Trichlorophenoxypropionic acid (2,4,5-TPSilvex), Benzene, Carbon Tetrachloride,
1,2-Dichloroethane, 1,1Dichloroethylene, Dichloromethane
(methylene chloride),
Tetrachloroethylene (PCE), Toluene,
1,1,1-Trichloroethane, 1,1,2Trichloroethane, Trichloroethylene,
Vinyl Chloride, Benzo(a)pyrene,
Asbestos, Bis(2-Ethylhexyl) Phthalate,
Fluoride, Nitrate, and
Pentachlorophenol are proposed to be
added because these MCL values were
developed by EPA after 1996 in
accordance with the Safe Drinking
Water Act, 42 U.S.C.A. § 1412g–1(b).
As to Table 5, ‘‘Stream Quality
Objectives for Toxic Pollutants for the
Protection of Aquatic Life’’, Table 6,
‘‘Stream Quality Objectives for
Carcinogens’’ and Table 7, ‘‘Stream
Quality Objectives for Systemic
Toxicants,’’ nearly all of the freshwater
and marine criteria are proposed to be
updated to conform to current EPA
guidance, resulting in minor changes in
most instances and substantial changes
in some. Most but not all of the
proposed criteria are more stringent
than the existing criteria.
Proposed changes to Table 6 (criteria
for carcinogens) also include the
following:
• Beryllium and 1,1-Dichloroethene
are proposed to be removed because
EPA no longer lists these compounds as
carcinogens.
• 1,1,1,2-Tetrachloroethane is
proposed to be removed because it is no
longer recommended by the EPA for
water quality criteria development.
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• Arsenic, beta-BHC, N-Nitrosodi-Nbutylamine, N-Nitrosodiethylamine, and
N-Nitrosopyrrolidine are proposed to be
added because EPA and an Estuary State
have adopted criteria for them.
• Dinitrotoluene mixture (2, 4 & 2, 6)
is proposed to be replaced by 2, 4Dinitrotoluene to be consistent with
current EPA guidance.
• Hexachlorobutadiene is proposed to
be moved to Table 6 (criteria for
carcinogens) from Table 7 because its
toxicity is based on carcinogenicity.
Proposed changes to Table 7 (criteria
for systemic toxicants) also include the
following:
• 1,1,1,2-Tetrachloroethane is
proposed to be removed because it is no
longer recommended by the EPA for
water quality criteria development.
• Chromium (Total), Methylmercury,
alpha-Endosulfan, beta-Endosulfan,
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Endosulfan Sulfate, Endrin Aldehyde,
Benzene, 2-Chloronaphthalene,
Cyanide, 2-Methyl-4,6-dinitrophenol,
Pentachlorobenzene, 1,2,4,5Tetrachloro-benzene, 2,4,5Trichlorophenol, and Vinyl Chloride are
proposed to be added to Table 7 because
EPA and an Estuary State adopted
criteria for them.
• DDT is proposed to be replaced
with ‘‘DDT and Metabolites (DDD and
DDE)’’ to conform to current EPA
guidance relating to the systemic
toxicity of DDT and its degradation
products, DDD and DDE. DDT, DDD and
DDE, which are also deemed to be
carcinogens, continue to be listed
individually in Table 6.
• Hexachlorobutadiene has been
moved from Table 7 to Table 6 because
its toxicity is based on carcinogenicity.
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• The column identifying EPA
classifications is proposed to be
removed from Table 7 because this
information is not needed for
application of the criteria for systemic
toxicants. Detailed information on
derivation of the criteria, including EPA
classifications, is presented in the Basis
and Background Document posted on
DRBC’s Web site.
Extension of Criteria to Delaware Bay
(Zone 6). A new section 3.10.6C.11. is
proposed to be added to make tables 3
through 7 of Article 3 of the Water
Quality Regulations and Water Code
applicable to Water Quality Zone 6,
Delaware Bay.
It is proposed to amend the Water
Quality Regulations and Water Code as
follows:
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Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Proposed Rules
Dated: July 8, 2010.
Pamela M. Bush,
Commission Secretary.
e-mail scott.k.whalen@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2010–17118 Filed 7–14–10; 8:45 am]
BILLING CODE 6360–01–P
Public Participation and Request for
Comments
DEPARTMENT OF HOMELAND
SECURITY
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
Coast Guard
33 CFR Part 100
[Docket No. USCG–2010–0518]
RIN 1625–AA08
Special Local Regulations; Sabine
River, Orange, TX
Submitting Comments
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
establish a temporary Special Local
Regulation in the Port Arthur Captain of
the Port Zone on the Sabine River,
Orange, Texas. This Special Local
Regulation is intended to restrict vessels
from portions of the Sabine River during
the Thunder on the Sabine boat races.
This Special Local Regulation is
necessary to protect spectators and
vessels from the hazards associated with
powerboat races.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 16, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0518 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
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SUMMARY:
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail Mr. Scott Whalen,
Marine Safety Unit Port Arthur, TX,
Coast Guard; telephone 409–719–5086,
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If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–0518),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2010–0518’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
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Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2010–
0518’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
This temporary special local
regulation is necessary to ensure the
safety of vessels and spectators from
hazards associated with a powerboat
race. The Captain of the Port has
determined that powerboat races in
close proximity to watercraft and
infrastructure pose significant risk to
public safety and property. The likely
combination of large numbers of
recreation vessels, powerboats traveling
at high speeds, and large numbers of
spectators in close proximity to the
water could easily result in serious
injuries or fatalities. Establishing a
special local regulation around the
location of the race course will help
ensure the safety of persons and
property at these events and help
minimize the associated risks.
E:\FR\FM\15JYP1.SGM
15JYP1
]]>Agencies
[Federal Register Volume 75, Number 135 (Thursday, July 15, 2010)]
[Proposed Rules]
[Pages 41106-41119]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17118]
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DELAWARE RIVER BASIN COMMISSION
18 CFR Part 410
Amendments to the Water Quality Regulations, Water Code and
Comprehensive Plan to Update Water Quality Criteria for Toxic
Pollutants in the Delaware Estuary and Extend These Criteria to
Delaware Bay
AGENCY: Delaware River Basin Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Delaware River Basin Commission (DRBC or ``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 update many of the Commission's stream quality
objectives (also called water quality criteria) for human health and
aquatic life for toxic pollutants in the Delaware Estuary (DRBC Water
Quality Zones 2 through 5) and to extend application of the criteria to
Delaware Bay (DRBC Water Quality Zone 6). The proposed changes will
bring the Commission's criteria for toxic pollutants into conformity
with current guidance published by the U.S. Environmental Protection
Agency (EPA) and provide a more consistent regulatory framework for
managing the tidal portion of the main stem Delaware River.
DATES: The public hearing will take place on Thursday, September 23,
2010 at 2:30 p.m. and will continue on that day until all those who
wish to testify are afforded an opportunity to do so. Written comments
will be accepted through 5 p.m. on Friday, October 1, 2010.
ADDRESSES: The public hearing will take place in the Goddard Room at
the Commission's office building, located at 25 State Police Drive,
West Trenton, New Jersey. Driving directions are available on the
Commission's Web site, https://www.drbc.net. Please do not rely on
Internet mapping services as they may not provide accurate directions
to this location.
Written comments may be submitted by e-mail to
regs@drbc.state.nj.us by fax to Regulations at 609-883-9522; by U.S.
Mail to Regulations c/o Commission Secretary, DRBC, P.O. Box 7360, West
Trenton, NJ 08628-0360; or by private mail carrier to Regulations c/o
Commission Secretary, DRBC, 25 State Police Drive, West Trenton, NJ
08628-0360. In all cases, please include the commenter's name, address
and affiliation if any in the comment and include ``Water Quality
Criteria'' in the subject line.
FOR FURTHER INFORMATION CONTACT: The current rule and the full text of
the proposed amendments are posted on the Commission's Web site, https://www.drbc.net, along with the report entitled ``Water Quality Criteria
for Toxic Pollutants for Zones 2-6 of the Delaware Estuary: Basis and
Background Document'' (DRBC, June 2010) and a set of PowerPoint slides
presented to the Commission at the latter's public meeting on December
9, 2009 by the chair of the Commission's Toxics Advisory Committee.
Hard copies of these materials may be obtained for the price of postage
by contacting Ms. Paula Schmitt at 609-883-9500, ext. 224. For
questions about the technical basis for the rule, please contact Dr.
Ronald MacGillivray at 609-477-7252. For queries about the rulemaking
process, please contact Pamela Bush at 609-477-7203.
SUPPLEMENTARY INFORMATION:
Background. At the request of the states of Delaware, New Jersey
and Pennsylvania, which border the Delaware Estuary (hereinafter, ``the
Estuary States''), the Commission in 1996 adopted water quality
criteria for human health and aquatic life for Water Quality Zones 2
through 5 (Trenton, New Jersey to Delaware Bay) of the main stem
Delaware River and the tidal portions of its tributaries for a set of
pollutants that included the list of Priority Pollutants published by
the EPA in accordance with section 307 of the federal Clean Water Act
(CWA); other pollutants for which EPA had published national
recommended criteria in accordance with section 304(a) of the CWA; and
additional pollutants for which one or more of the Estuary States had
adopted criteria. See 40 CFR 401.15 (consisting of a list of 65 toxic
pollutants, including categories of pollutants, for which effluent
limitations are required in accordance with section 307(a)(1) of the
Clean Water Act, 33 U.S.C. 1317(a)(1)); Appendix A of 40 CFR Part 423
(consisting of a list of 129 ``Priority Pollutants,'' individual
chemicals and forms of chemicals for which EPA has established national
criteria); and 33 U.S.C. 1314(a) (providing for criteria development
and publication by EPA).
[[Page 41107]]
Managing an interstate waterway that is simultaneously an
industrial and commercial hub, a source of drinking water for urban and
suburban populations in three states and a fragile tidal ecosystem is a
complex task. After nearly fifteen years of applying uniform human
health and aquatic life criteria in the Delaware Estuary, the
Commission has determined that maintaining a uniform set of criteria in
a single regulatory code is an essential predicate to measuring and
managing the ecological health of this vital interstate resource.
Since 1996, EPA has updated its guidance for the development of
human health water quality criteria and its list of national
recommended water quality criteria for many toxic pollutants to reflect
advances in scientific knowledge. Although the states have
independently amended some of their criteria to conform to the current
guidance and national recommended criteria, the Commission has not yet
done so. The result is that many of DRBC's estuary toxics criteria are
not currently consistent with state criteria, best available science,
or current EPA guidance. Moreover, because the Bay and Estuary comprise
a single tidal system in which each water quality zone is at times
downstream and at times upstream of the adjacent zone or zones,
regulators, dischargers and other stakeholders have determined that
they are ill-served by excluding the Bay from application of uniform
criteria in the Estuary. Amending the criteria at this time is
necessary to restore consistency and fairness in the regulation of
discharges, to facilitate coordination among state and federal programs
and to continue to ensure that regulation of water quality in the
shared interstate waters of the Estuary and Bay is based on the best
science available.
The proposed amendments to the Commission's human health and
aquatic life criteria for the Estuary and Bay were developed by the
Commission's standing Toxics Advisory Committee (TAC), comprised of
representatives of the four basin states--Delaware, New Jersey, New
York and Pennsylvania--and members of the academic, agricultural,
public health, industrial and municipal sectors and non-governmental
environmental community. The TAC in 2007 adopted as its objectives (a)
evaluating recent data and current methodologies for establishing water
quality criteria for toxic pollutants and (b) developing
recommendations for revising the Commission's 1996 criteria to reflect
current science and risk assessment procedures and provide for
consistency across interstate waters. The TAC's recommendations were
formally presented to the Commissioners at a public meeting on December
9, 2009 by then TAC chair, Christopher S. Crocket of the Philadelphia
Water Department. Dr. Crockett's PowerPoint presentation is available
on the Commission's Web site.
No Change Proposed to Criteria for PCBs and Taste and Odor. The
amendments proposed by the Commission in this rulemaking do not include
changes to the Commission's criteria for polychlorinated biphenyls
(PCBs), currently listed in Table 6 (criteria for carcinogens) and
Table 7 (criteria for systemic toxicants) of Article 3 of the
Commission's Water Quality Regulations and Water Code, or to the
criteria to protect the taste and odor of ingested water and fish, set
forth in Table 4 of the same Article. The Commission initiated a
separate rulemaking in August of 2009 to update its human health
criteria for carcinogenic effects for PCBs in the Delaware Estuary (see
74 FR 41100). The comment period for that proposal ended on October 19,
2009 and the Commission has not yet approved a final rule. The current
PCB criteria will continue in effect pending completion of the
Commission's separate rulemaking for PCBs. The Commission's Toxics
Advisory Committee has not yet taken up the matter of revisions to the
criteria to protect taste and odor.
Proposed Changes. The Commission's criteria for human health and
aquatic life in the Delaware Estuary are listed in tables 3, 5, 6 and 7
of section 3.30 ``Interstate Streams--Tidal'' of the Water Quality
Regulations and Water Code. In addition to extending these criteria to
Water Quality Zone 6, two major types of changes to the criteria are
proposed: (1) Compounds are proposed to be added to or deleted from the
four tables and (2) numeric criteria for many of the compounds
currently listed in the tables are proposed to be revised. In addition,
to assist users sub-headings have been added for categories of
pollutants (metals, pesticides, etc.) and the sequence of the
parameters has been modified to arrange them within these categories.
Minor changes for consistency in spelling and capitalization are also
proposed. The additions, deletions and criteria changes are proposed in
order to make the list of regulated compounds consistent with current
EPA guidance and to ensure the criteria are uniform throughout the
shared waters. The Basis and Background Document cited above sets forth
in detail the policies and technical assumptions on which the TAC
relied in developing the revised criteria.
The proposed changes to tables 3, 5, 6 and 7 are described briefly
below:
For Table 3, ``Maximum Contaminant Levels [``MCLs''] to be Applied
as Human Health Stream Quality Objectives in Zones 2 and 3'':
Antimony, Cadmium, 1,2-Dichloropropane, Ethylbenzene and
1,2,4-Trichlorobenzene are proposed to be removed because the proposed
updates to Table 7 (criteria for systemic toxicants) would establish
DRBC criteria for these compounds more stringent than the MCLs.
Nickel is proposed to be removed because the MCL for
nickel was withdrawn by the EPA.
Chromium (total) is proposed to be replaced by Chromium
III for consistency with current EPA guidance.
Current MCL values for Beryllium, Copper, Lead, alpha-BHC,
beta-BHC, 2,4-Dichloro-phenoxyacetic acid (2,4-D), Methoxychlor,
Toxaphene, Dioxin (2,3,7,8-TCDD), 2,4,5-Trichloro-phenoxypropionic acid
(2,4,5-TP-Silvex), Benzene, Carbon Tetrachloride, 1,2-Dichloroethane,
1,1-Dichloroethylene, Dichloromethane (methylene chloride),
Tetrachloroethylene (PCE), Toluene, 1,1,1-Trichloroethane, 1,1,2-
Trichloroethane, Trichloroethylene, Vinyl Chloride, Benzo(a)pyrene,
Asbestos, Bis(2-Ethylhexyl) Phthalate, Fluoride, Nitrate, and
Pentachlorophenol are proposed to be added because these MCL values
were developed by EPA after 1996 in accordance with the Safe Drinking
Water Act, 42 U.S.C.A. Sec. 1412g-1(b).
As to Table 5, ``Stream Quality Objectives for Toxic Pollutants for
the Protection of Aquatic Life'', Table 6, ``Stream Quality Objectives
for Carcinogens'' and Table 7, ``Stream Quality Objectives for Systemic
Toxicants,'' nearly all of the freshwater and marine criteria are
proposed to be updated to conform to current EPA guidance, resulting in
minor changes in most instances and substantial changes in some. Most
but not all of the proposed criteria are more stringent than the
existing criteria.
Proposed changes to Table 6 (criteria for carcinogens) also include
the following:
Beryllium and 1,1-Dichloroethene are proposed to be
removed because EPA no longer lists these compounds as carcinogens.
1,1,1,2-Tetrachloroethane is proposed to be removed
because it is no longer recommended by the EPA for water quality
criteria development.
[[Page 41108]]
Arsenic, beta-BHC, N-Nitrosodi-N-butylamine, N-
Nitrosodiethylamine, and N-Nitrosopyrrolidine are proposed to be added
because EPA and an Estuary State have adopted criteria for them.
Dinitrotoluene mixture (2, 4 & 2, 6) is proposed to be
replaced by 2, 4-Dinitrotoluene to be consistent with current EPA
guidance.
Hexachlorobutadiene is proposed to be moved to Table 6
(criteria for carcinogens) from Table 7 because its toxicity is based
on carcinogenicity.
Proposed changes to Table 7 (criteria for systemic toxicants) also
include the following:
1,1,1,2-Tetrachloroethane is proposed to be removed
because it is no longer recommended by the EPA for water quality
criteria development.
Chromium (Total), Methylmercury, alpha-Endosulfan, beta-
Endosulfan, Endosulfan Sulfate, Endrin Aldehyde, Benzene, 2-
Chloronaphthalene, Cyanide, 2-Methyl-4,6-dinitrophenol,
Pentachlorobenzene, 1,2,4,5-Tetrachloro-benzene, 2,4,5-Trichlorophenol,
and Vinyl Chloride are proposed to be added to Table 7 because EPA and
an Estuary State adopted criteria for them.
DDT is proposed to be replaced with ``DDT and Metabolites
(DDD and DDE)'' to conform to current EPA guidance relating to the
systemic toxicity of DDT and its degradation products, DDD and DDE.
DDT, DDD and DDE, which are also deemed to be carcinogens, continue to
be listed individually in Table 6.
Hexachlorobutadiene has been moved from Table 7 to Table 6
because its toxicity is based on carcinogenicity.
The column identifying EPA classifications is proposed to
be removed from Table 7 because this information is not needed for
application of the criteria for systemic toxicants. Detailed
information on derivation of the criteria, including EPA
classifications, is presented in the Basis and Background Document
posted on DRBC's Web site.
Extension of Criteria to Delaware Bay (Zone 6). A new section
3.10.6C.11. is proposed to be added to make tables 3 through 7 of
Article 3 of the Water Quality Regulations and Water Code applicable to
Water Quality Zone 6, Delaware Bay.
It is proposed to amend the Water Quality Regulations and Water
Code as follows:
[[Page 41109]]
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[[Page 41119]]
Dated: July 8, 2010.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 2010-17118 Filed 7-14-10; 8:45 am]
BILLING CODE 6360-01-P
