Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Proposed Rules 47241 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ACE KS E5 Washington, KS [Amended] 

Washington County Memorial Airport, KS 

(Lat. 39°44′07′′ N., long. 97°02′51′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.3-mile 

radius of Washington County Memorial 

Airport. 

Issued in Fort Worth, TX, on July 25, 2013. 

David P. Medina, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2013–18868 Filed 8–2–13; 8:45 am] 

BILLING CODE 4910–13–P 

DELAWARE RIVER BASIN 

COMMISSION 

18 CFR Part 410 

Amendments to the Water Quality 

Regulations, Water Code and 

Comprehensive Plan To Revise the 

Human Health Water Quality Criteria 

for PCBs in Zones 2 Through 6 of the 

Delaware Estuary and Bay 

AGENCY: Delaware River Basin 

Commission. 

ACTION: Proposed rule; notice of public 

hearing. 

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 revise the water 

quality criteria for polychlorinated 

biphenyls (‘‘PCBs’’) in the Delaware 

Estuary and Bay, DRBC Water Quality 

Management Zones 2 through 6, for the 

protection of human health from 

carcinogenic effects. The Commission 

will simultaneously solicit comment on 

a draft implementation strategy to 

support achievement of the criteria. 

DATES: The public hearing will be held 

starting at 1:00 p.m. on Tuesday, 

September 10, 2013. The hearing will 

continue until all those wishing to 

testify have had an opportunity to do so. 

Written comments will be accepted and 

must be received by 5:00 p.m. on 

Friday, September 20, 2013. More 

information regarding the procedures 

for the hearing and comments is 

provided below. 

ADDRESSES: The public hearing will be 

held in the Goddard Conference Room 

at the Commission’s office building 

located at 25 State Police Drive, West 

Trenton, NJ. As Internet mapping tools 

are inaccurate for this location, please 

use the driving directions posted on the 

Commission’s Web site. 

Oral testimony and written comments: 

Persons wishing to testify at the hearing 

are asked to register in advance by 

phoning Paula Schmitt at 609–883– 

9500, ext. 224. Written comments may 

be submitted as follows: If by email, to 

paula.schmitt@drbc.state.nj.us; if by fax, 

to Commission Secretary at 609–883– 

9522; if by U.S. Mail, to Commission 

Secretary, DRBC, P.O. Box 7360, West 

Trenton, NJ 08628–0360; and if by 

overnight mail, to Commission 

Secretary, DRBC, 25 State Police Drive, 

West Trenton, NJ 08628–0360. 

Comments also may be delivered by 

hand at any time during the 

Commission’s regular office hours 

(Monday through Friday, 8:30 a.m. 

through 5:00 p.m. except on national 

holidays) until the close of the comment 

period at 5:00 p.m. on Friday, 

September 20. In all cases, please 

include the commenter’s name, address 

and affiliation, if any, in the comment 

document and ‘‘PCB Rulemaking’’ in the 

subject line. 

FOR FURTHER INFORMATION CONTACT: The 

rule text, basis and background 

document and the draft Implementation 

Strategy are available on the DRBC Web 

site, DRBC.net. A May 10, 2012 

PowerPoint presentation that illustrates 

PCB loading reductions achieved 

through the implementation of the 

Commission’s PMP Rule is also posted 

on the Web site. For further information, 

please contact Commission Secretary 

Pamela M. Bush, 609–883–9500 ext. 

203. 

SUPPLEMENTARY INFORMATION: 

Re-Proposal. A notice of proposed 

rulemaking to amend the current PCB 

criteria and to invite comment on an 

implementation plan was published in 

the Federal Register (74 FR 41100) on 

August 14, 2009. The Commission 

deferred action on the proposal, 

however, pending the refinement of 

implementation strategies for point 

sources. Today, the uniform criterion of 

16 picograms per liter is re-proposed, 

and a draft implementation strategy that 

has been revised for point sources is 

simultaneously published for comment. 

Current Criteria. The human health 

water quality criteria for PCBs currently 

in effect in Zones 2 through 5 of the 

Delaware Estuary were established by 

the Commission in 1996 (see 61 FR 

58047 and incorporation by reference at 

18 CFR part 410). The 1996 criterion 

applicable to the lower portion of Zone 

5 was extended to Zone 6, Delaware 

Bay, in 2010, effective the following 

year (see 76 FR 16285). The 

development of these PCB criteria predated the collection of site-specific 

bioaccumulation data for the Estuary 

and Bay and site-specific fishconsumption data for Zones 2 through 

4 that are relevant to the development 

of human health water quality criteria. 

They are also inconsistent with current 

guidance issued by the U.S. 

Environmental Protection Agency 

(‘‘EPA’’) for the development of such 

criteria, and they vary by water quality 

zone, adding undue complexity to 

application of the criteria in these tidal 

waters. 

Development of New Criteria. By 

Resolution No. 2003–11 on March 19, 

2003 the Commission directed the 

executive director to initiate rulemaking 

on a proposal to revise the 

Commission’s water quality criteria for 

PCBs for the protection of human health 

from carcinogenic effects to reflect sitespecific data on fish consumption, sitespecific bioaccumulation factors, and 

current EPA guidance on development 

of human health criteria. Amendment of 

the PCB criteria was delayed, however, 

pending ongoing work by the 

Commission’s Toxics Advisory 

Committee (‘‘TAC’’) to develop the new 

criterion and a simultaneous initiative 

by the Commission and diverse 

stakeholders to develop an 

implementation plan. The TAC is a 

standing committee of stakeholders, 

including regulators, municipal and 

industrial dischargers and 

environmental organizations that 

advises the Commission on technical 

matters relating to the control of toxic 

contaminants in shared waters of the 

Basin. 

Rigorously applying the most current 

available data and methodology, 

including site-specific data on fish 

consumption, site-specific 

bioaccumulation factors, and the current 

EPA methodology for the development 

of human health criteria for toxic 

pollutants (see EPA–822–B–00–004, 

October 2000), the TAC in July 2005 

completed development of a revised 

PCB water quality criterion for the 

protection of human health from 

carcinogenic effects for the Delaware 

Estuary and Bay, recommending 

adoption of a uniform criterion of 16 

picograms per liter for Water Quality 

Management Zones 2 through 6. By 

Resolution No. 2005–19 on December 7, 

2005, the Commission again directed 

the executive director to conduct 

rulemaking, specifically to replace the 

existing criteria for PCBs with the 


emcdonald on DSK67QTVN1PROD with PROPOSALS
47242 Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Proposed Rules 

uniform criterion of 16 picograms per 

liter. 

Over the course of the next three-anda-half years, the Commission continued 

to work with co-regulators on an 

implementation strategy for point and 

non-point sources to accompany the 

proposed uniform criterion. A notice of 

proposed rulemaking to amend the 

current PCB criteria and to invite 

comment on an implementation plan 

was issued in August 2009 (see 74 FR 

41100). The Commission deferred action 

on the proposal, however, pending the 

refinement of implementation strategies 

for point sources. The updated, uniform 

criterion of 16 picograms per liter is 

now re-proposed, and a draft 

implementation strategy that has been 

revised for point sources is 

simultaneously published for comment. 

Proposed Amendment. It is proposed 

to amend Table 6 in Section 3.30 of 

Article 3 of the Water Quality 

Regulations and Water Code as follows: 

For the parameter ‘‘PCBs (Total)’’, in the 

column headed ‘‘Freshwater Objectives 

(ug/l): Fish & Water Ingestion,’’ by 

removing the number ‘‘0.0000444’’ and 

inserting ‘‘0.000016’’; in the column 

headed ‘‘Freshwater Objectives (ug/l): 

Fish Ingestion Only,’’ by removing the 

number ‘‘0.0000448’’ and inserting 

‘‘0.000016’’; and in the column headed 

‘‘Marine Objectives (ug/l): Fish 

Ingestion Only,’’ by removing the 

number ‘‘0.0000079’’ and inserting 

‘‘0.000016’’. It is further proposed to 

amend paragraph 410.1(c) of title 18 of 

the Code of Federal Regulations by 

replacing the date of incorporation by 

reference that appears there (December 

8, 2010), with the date on which the 

Commission adopts a final rule in 

response to this proposal. 

Water Quality Impairment for PCBs. 

Because high levels of PCBs have 

resulted in state-issued fish 

consumption advisories for certain 

species caught in the Estuary and Bay, 

these waters are listed by the bordering 

states as impaired under Section 303(d) 

of the federal Clean Water Act (‘‘CWA’’), 

and a total maximum daily load 

(‘‘TMDL’’) is required to be established 

for them. A TMDL expresses the 

maximum amount of a pollutant that a 

water body can receive and still attain 

water quality standards. Once the TMDL 

is calculated, it is allocated to all 

sources in the watershed—point and 

nonpoint. In order to ensure the 

attainment and maintenance of water 

quality standards, a source must not 

discharge a load in excess of its 

allocated share of the TMDL. 

The EPA established TMDLs for PCBs 

on behalf of the states in December of 

2003 for the Delaware Estuary and in 

December of 2006 for the Delaware Bay 

(‘‘Stage 1 TMDLs’’). Upon adoption of 

revised human health water quality 

criteria for PCBs in the Delaware 

Estuary and Bay, it is anticipated that 

EPA will establish new TMDLs (‘‘Stage 

2 TMDLs’’) corresponding to the 

updated criteria. 

Implementing PCB Load Reductions. 

To initiate PCB reductions, by 

Resolution No. 2005–9 in May 2005, the 

Commission amended its Water Quality 

Regulations (‘‘WQR’’) to establish a 

requirement for PCB Pollutant 

Minimization Plans (‘‘PMPs’’) (see 

Section 4.30.9 of the WQR, incorporated 

by reference at 18 CFR Part 410) (‘‘the 

PMP Rule’’). In accordance with the 

PMP Rule the largest point source 

dischargers of PCBs to the Delaware 

Estuary and Bay undertook the 

development and implementation of 

PMPs, including a variety of track-down 

and load reduction strategies. Ambient 

and effluent data collected between 

2005 and 2011 show that their efforts 

over the past 12 years (and in some 

cases longer) have substantially reduced 

point source PCB loadings to the 

Estuary and Bay. However, because 

PCBs persist in the environment, 

including in soils that drain to 

municipal and industrial discharge 

facilities, most dischargers will require 

more time, including in some instances 

decades, to achieve the PCB loading 

reductions needed to meet their 

assigned wasteload allocations. 

The draft document entitled 

Implementation Strategy for 

Polychlorinated Biphenyls for Zones 2– 

6 of the Delaware River Estuary 

(‘‘Implementation Strategy’’) builds on 

the approach embodied by the PMP 

Rule. Among other things, it attempts to 

better integrate PMP requirements with 

the National Pollutant Discharge 

Elimination System (NPDES) permit 

program administered by the Estuary 

states of Delaware, New Jersey and 

Pennsylvania pursuant to the CWA. 

Notably, the 2003 Delaware Estuary 

TMDL report projected that ‘‘due to the 

scope and complexity of the problem 

that has been defined through these 

TMDLs, achieving the estuary water 

quality standards for PCBs will take 

decades.’’ (EPA 2003, Executive 

Summary, p. xiii). Adoption of an 

updated, uniform criterion for the 

Delaware Estuary and Bay and 

implementation of the criterion by 

means of the proposed strategy will not 

alter this prognosis. However, the 

proposed criterion and Implementation 

Strategy are intended to align the 

Commission’s water quality criteria 

with current science and to ensure that 

increasingly protective pollutant levels 

in fish and ambient water are achieved 

at an aggressive pace until the protected 

use—fishable waters—is restored. 

Subjects on Which Comment is 

Expressly Solicited. Public comment is 

solicited on all aspects of the proposed 

rule. These include but are not limited 

to the assumptions applied in 

developing the criterion as set forth in 

a basis and background document that 

is available on the DRBC Web site, 

DRBC.net. Comment on the proposed 

Implementation Strategy for the new 

criterion, also posted on the Web site, is 

simultaneously requested. 

Dated: July 30, 2013. 

Pamela M. Bush, 

Commission Secretary. 

[FR Doc. 2013–18810 Filed 8–2–13; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2013–0526] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Umpqua River, Reedsport, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

temporarily change the operating 

schedule that governs the U.S. 101 

Umpqua River swing bridge, mile 11.1, 

at Reedsport, OR. The proposed rule 

change is necessary to accommodate 

Oregon Department of Transportation’s 

(ODOT) extensive bridge maintenance 

and restoration efforts. The bridge is 

currently scheduled to open on signal if 

at least two hours notice is given. ODOT 

proposes to only open the bridge with 

a minimum of six hours notice and will 

limit the openings to twice daily; once 

in the morning and once in the evening. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

September 4, 2013. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2013–0526 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 


emcdonald on DSK67QTVN1PROD with PROPOSALS