Federal Register / Vol. 79, No. 90 / Friday, May 9, 2014 / Rules and Regulations 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 

DELAWARE RIVER BASIN 

COMMISSION 

18 CFR Part 410 

Notice of Final Rulemaking; 

Amendments to the Water Quality 

Regulations, Water Code and 

Comprehensive Plan To Update Water 

Quality Criteria for pH 

AGENCY: Delaware River Basin 

Commission. 

ACTION: Final rule. 

SUMMARY: By Resolution No. 2013–9 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 update the 

Commission’s stream quality objectives 

for pH in interstate tidal and non-tidal 

reaches of the main stem Delaware 

River. 

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 

58985) on September 25, 2013 as well 

as in the Delaware Register of 

Regulations (17 DE Reg. 365) on October 

1, 2013, the New Jersey Register (45 

N.J.R. 2201) on October 7, 2013, the 

New York State Register (page 13) on 

October 9, 2013 and the Pennsylvania 

Bulletin (43 Pa.B. 5995) on October 12, 

2013. Notice of the proposed changes 

also was published on the Commission’s 

Web site on September 20, 2013. A 

public hearing was held on October 24, 

2013 and written comments were 

accepted through November 21, 2013. 

No written or oral comments were 

received. 

The Commission’s current criteria for 

pH in interstate streams were adopted in 

1967. Today, these criteria are 

inconsistent with scientists’ increased 

understanding of natural fluctuations in 

freshwater and saltwater pH levels and 

with modern applications of pH criteria. 

The amendments approved by the 

Commission on December 4, 2013 will 

minimize regulatory inconsistencies and 

better address natural pH cycles in the 

main stem Delaware River. First, they 

will increase from 6.0 to 6.5 the lower 

threshold of the range of acceptable pH 

conditions in non-tidal zones of the 

main stem—DRBC Water Quality Zones 

1A through 1E. Second, they will add a 

clause to the pH criteria for all interstate 

tidal and non-tidal water quality zones, 

recognizing natural deviations outside 

the 6.5 to 8.5 pH range. In accordance 

with these changes, the pH criteria for 

Water Quality Zones 1A through IE (the 

non-tidal main stem) and 2 through 6 

(the tidal main stem and tidal portions 

of tributaries) will read, ‘‘Between 6.5 

and 8.5 inclusive, unless outside this 

range due to natural conditions.’’ 

The affected sections of the 

commission’s Water Code and Water 

Quality Regulations consist of 

subsection C.3 of each of sections 3.20.2 

through 3.20.6, respectively, for Water 

Quality Zones 1A through 1E (non-tidal 

main stem); and sections 3.30.2 through 

3.30.6, respectively, for Water Quality 

Zones 2 through 6 (tidal main stem and 

tidal portions of tributaries). (The 

affected sections relating to Water 

Quality Zones 1A through 1E were 

incorrectly identified as sections 2.20.2 

and 2.20.6 in the Notice of Proposed 

Rulemaking. Sections 2.20.2 through 

2.20.6 of the Water Code are part of an 

unrelated article; no sections numbered 

2.20.2 through 2.20.6 exist in the Water 

Quality Regulations.) 

The complete text of Resolution No. 

2013–9, the Water Code, the 

Administrative Manual Part III—Water 

Quality Regulations, a basis and 

background document setting forth the 

technical basis for the amendments, and 

additional documents concerning pH 

criteria for interstate non-tidal and tidal 

reaches of the main stem Delaware River 

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 

■ 1. The authority citation for part 410 

continues to read: 

Authority: Delaware River Basin Compact, 

75 Stat. 688. 

■ 2. In § 410.1, revise paragraph (c) to 

read as follows: 

§ 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. 

Dated: May 1, 2014. 

Pamela M. Bush, 

Commission Secretary and Assistant General 

Counsel. 

[FR Doc. 2014–10459 Filed 5–8–14; 8:45 am] 

BILLING CODE 6360–01–P 


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