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[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Rules and Regulations]
[Pages 26613-26615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10461]

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DELAWARE RIVER BASIN COMMISSION

18 CFR Part 410

Notice of Final Rulemaking; 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: Final rule.

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[[Page 26614]]

SUMMARY: By Resolution No. 2013-8 on December 4, 2013, the Delaware 
River Basin Commission (``DRBC'' or ``Commission'') approved amendments 
to the Commission's Water Quality Regulations, Water Code and 
Comprehensive Plan to establish a uniform water quality criterion of 16 
picograms per liter 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.

DATES: This regulation is effective June 9, 2014. The incorporation by 
reference of the publications listed in this rule is approved by the 
Director of the Federal Register of Regulations as of June 9, 2014.

FOR FURTHER INFORMATION CONTACT: Pamela M. Bush, Commission Secretary 
and Assistant General Counsel by phoning 609-883-9500 Ext. 203, or by 
email to pamela.bush@drbc.state.nj.us.

SUPPLEMENTARY INFORMATION: The Delaware River Basin Commission 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 
(78 FR 47241) on August 5, 2013 as well as in the Delaware Register of 
Regulations (17 DE Reg. 143) on August 1, 2013, the New Jersey Register 
(45 N.J.R. 1907) on August 5, 2013, the New York State Register (page 
3) on August 14, 2013 and the Pennsylvania Bulletin (43 Pa.B. 4740) on 
August 17, 2013. Notice of the proposed changes also was published on 
the Commission's Web site on August 2, 2013. A public hearing was held 
on September 10, 2013 and written comments were accepted through 
September 20, 2013.
    The uniform water quality criterion of 16 picograms per liter for 
polychlorinated biphenyls (PCBs) in the Delaware Estuary and Bay for 
the protection of human health from carcinogenic effects is the product 
of more than a decade of data-gathering, assessment, debate and 
consensus-building involving dischargers, regulators, scientists, 
policy-makers and other stakeholders from across the region. The 
criterion is the product of a rigorous application of the most current 
available data and methodology, including site-specific data on fish 
consumption, site-specific bioaccumulation factors, and the current 
U.S. Environmental Protection Agency (EPA) methodology for the 
development of human health criteria for toxic pollutants (see EPA-822-
B-00-004, October 2000). The criterion will replace the Commission's 
current PCB criteria for the Estuary and Bay, which are inconsistent 
with the current EPA methodology and pre-date the collection of site-
specific data that are relevant to the development of human health 
water quality criteria. The current data also vary by water quality 
zone, adding undue complexity to application of the criteria in these 
tidal waters.
    In addition to proposing the criterion, the Commission's notice of 
proposed rulemaking in August 2013 invited comment on a draft strategy 
for implementing the criterion for both point and non-point sources. 
Developed by the DRBC in partnership with the environmental agencies of 
the states of Delaware, New Jersey and Pennsylvania, EPA regions II and 
III and EPA Headquarters (collectively, ``the co-regulators''), the 
draft strategy sets forth detailed approaches for reducing PCB loadings 
from point and non-point sources over the coming decades. A key 
objective of the strategy is to provide uniformity and a degree of 
certainty to NPDES permits that will be issued by the states bordering 
the Estuary and Bay. Notably, no Commission action on the draft 
implementation strategy was or is proposed. As DRBC's Notice of 
Proposed Rulemaking indicated, new total maximum daily loads (``Stage 2 
TMDLs'') for PCBs in the Delaware Estuary and Bay will be established 
by EPA on behalf of the Estuary states and at their request following 
publication of this Final Rule. The strategy document will be included 
as an Appendix to the Stage 2 TMDL report when issued. Until Stage 2 
TMDLs based upon the new criterion are established the co-regulators 
will apply the existing NPDES permit approach, which was published as 
an appendix to the 2003 (Stage 1) TMDLs for PCBs in the Delaware 
Estuary.
    The complete text of Resolution No. 2013-8, the Water Code, the 
Administrative Manual Part III--Water Quality Regulations, the basis 
and background document setting forth the technical basis for the new 
criterion, the response-to-comment document addressing comments 
received by DRBC on the proposed criterion and the draft implementation 
strategy, and additional documents concerning the control of PCBs in 
the Delaware Estuary all are available on the Commission's Web site, 
DRBC.net. Copies also may be obtained from the Commission's Secretary 
and Assistant General Counsel at the telephone number and email address 
listed above. A charge for printing and mailing may apply.

List of Subjects in 18 CFR Part 410

    Incorporation by reference, Water audit, 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

0
1. The authority citation for Part 410 continues to read:

    Authority: Delaware River Basin Compact, 75 Stat. 688.

0
2. In Sec.  410.1 revise paragraph (c) to read as follows:

Sec.  410.1  Basin regulations--Water Code and Administrative Manual--
Part III 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 regulations 
contained within the Delaware River Basin Water Code with Amendments 
Through December 4, 2013 and the Administrative Manual--Part III Water 
Quality Regulations with Amendments Through December 4, 2013. 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 copies at 
the Delaware River Basin Commission (DRBC), 25 State Police Drive, West 
Trenton, New Jersey 08628-0360, 609-883-9500, http://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 http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

[[Page 26615]]

    Dated: May 1, 2014.
Pamela M. Bush,
Commission Secretary and Assistant General Counsel.
[FR Doc. 2014-10461 Filed 5-8-14; 8:45 am]
BILLING CODE 6360-01-P
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