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Water Resource Associations of the Delaware River Basin

Aug '08

Chairman's Message

To our members and readers, my last message utilized the opening lines of "A Tale of Two Cities" as a description of the Special Protection Waters issue in the Lower Delaware River and positions taken by various stake holders on this regulatory program. Bob Molzahn and I, as well as other WRA members, were present both at the recent July meeting where it was adopted and the earlier meeting in Philadelphia when it was postponed. In fact I had the opportunity to speak both times.

Frankly, I applaud DRBC's action in postponing the adoption at their May meeting, as a prudent action by the agency to further respond to reasonable requests by impacted communities and to better address these concerns. A rush to adopt is a rush to a more difficult implementation.

The real interest now is in the wording contained in the adoption documents which will need to be published in each respective state's register. This important because we all need to read the revised document? At the July 16 public hearing the Commissioners adopted the final rule. During the discussion it was stated that a document containing a response to comments as well as a Guidance Manual will be produced. Also, DRBC stated that clarifying language will be contained in the final rule. The devil is always in the details, and I am sure the community of dischargers affected by this rule will look forward to reviewing this information and also reading the paper prepared by Bill Muszynski in this newsletter.

On another matter, please mark your calendar for October 2 for another great fall seminar entitled “Northeast Summit on Monitoring Technologies and Early Warning Systems for Drinking Water Supplies”. It will be held at the Rutgers Ecocomplex located near Bordentown, NJ. This is a third in a series of seminars which have focused on this issue. The recent catastrophe on the Mississippi and the hundreds of miles of river shutdown or affected by the oil spill is a glaring reminder that continued preparation for such an event is extremely important. A complete agenda and registration information can be found on our website. This year both NJ and PA TCHS will be offered to those individuals seeking such credits.

We hope to see you there!

- Dennis W. Palmer, P.E., Chairman

Special Protection Waters for the Lower Delaware Amendments Approved

Our Spring issue of this newsletter included an article by one of our members on this controversial issue. It created quite a stir and a diverse reaction from our readers and the regulated community. As a result, we thought it might be good to share the Commission’s point of view on this rulemaking. We thank Bill Muszynski of the Commission's staff for contributing this article.

On July 16, 2008, the Delaware River Basin Commission (DRBC) unanimously approved the permanent designation of the Lower Delaware River as Special Protection Waters (SPW) with a classification of Significant Resource Waters (SRW). This action establishes numeric values for existing water quality in the 76-mile-long stretch of river extending from the Delaware Water Gap National Recreation Area downstream to the head of tide at Trenton, N.J. It also expands coverage of the DRBC’s SPW anti-degradation regulations to include the entire 197-mile non-tidal Delaware River from Hancock, N.Y. south to Trenton.

The SPW program is designed to prevent degradation in streams and rivers considered to have exceptionally high scenic, recreational, ecological, and/or water supply values through stricter control of point and non-point discharges and reporting requirements. This permanent designation supports the DRBC’s long-term objective of “keeping our clean water clean” by ensuring that future discharges to the Lower Delaware will have no measurable change (NMC) on existing water quality (EWQ) except toward natural conditions. It is more cost effective and environmentally sound to prevent degradation of the resource than to clean up after impairment has occurred.

The approved rulemaking covers several key provisions of the SPW program and is intended to clarify DRBC requirements as well as to guide implementation. In the coming months, DRBC will publish a Guidance Manual and will conduct information sessions on the implementation of the SPW regulations. The SPW program applies to wastewater discharge and water withdrawal projects that require Commission approval in the non-tidal portion of the Delaware River and its tributary areas. There are specific provisions that apply only to direct dischargers to the SPW-designated stretch of the main stem Delaware River, specific provisions that apply only to dischargers to SPW tributaries, and certain provisions that apply to both tributary and direct SPW dischargers.

In 2001, DRBC received a petition to classify the Lower Delaware as Special Protection Waters. Since then the Commission conducted five years of monitoring to define the high water quality and held many workshops, public meetings and hearings. During the public rulemaking process, members of the discharger community identified several subjects of concern. The following list highlights some of the major concerns that were expressed and the resulting clarifications. The WRADRB will be notified as soon as the Guidance Manual is available and the workshops are scheduled. Please also review the Comment & Response Document, which will be available on the DRBC website in September.

Key Provisions of the Rule:
1. Lower Delaware River (LDR) is classified as SRW and EWQ is defined at Interstate Control Points (ICP) and Boundary Control Points (BCP) in Tables 2A – 2Z. Minor modifications are made to Table 1, which defines EWQ for the Upper and Middle Delaware.
2. Hierarchy of SPW requirements for direct and tributary discharges are clarified as follows:
a. Point Sources:
i. “No discharge” alternatives (direct discharge to SPW).
ii. Natural treatment alternatives (all discharges).
iii.Minimum treatment using Best Demonstrable Technology (BDT) (direct discharge to SPW).
iv.No Measurable Change (NMC) analysis (all discharges).
v. No mixing zone allowed for direct discharge to Outstanding Basin Waters; mixing zone is allowed in SRW (e.g., LDR) if the project is in the public interest. Tributary discharger may apply for a mixing zone extending into mainstem Delaware, if it is shown that there are no feasible means to meet EWQ at the BCP.
vi.Emergency power, alarms, emergency management plan (all discharges).
b. Non-Point Sources:
i. Non-Point Source Pollution Control Plan – applies to all wastewater discharge and water withdrawal service areas.
3. “Substantial Alterations and Additions” definition is clarified for existing dischargers. DRBC will apply the full SPW requirements only when the existing treatment facility:
a. is undergoing a complete upgrade or modernization, or
b. is increasing its flow or load above its NPDES permit or DRBC docket, effective at the time of SPW designation.
Another key understanding is that the full SPW requirements are not applicable to existing dischargers for the following improvements:
a. to solely address wet weather flows; and/or
b. alterations that are limited to changes in the method of disinfection; and/or
c. the addition of treatment works for nutrient removal.
Changes to pump stations, interceptors and other supporting infrastructure do not trigger the SPW requirements unless associated with treatment facility expansion.
4. Load definitions more clearly delimit the portion of a discharge to which NMC analysis is intended to apply. Typically, it is limited to the incremental load above that actually discharged when the water quality data were collected, since that load has the potential to cause a measurable change to EWQ. In addition, DRBC intends to be flexible in establishing the treatment facility’s existing load by allowing the use of average loads from 2000-2004, rather than only the 2004 load.
5. Analysis of NMC to EWQ is required for the incremental load increase from the actual load discharged at the time of SPW designation. The effluent discharge constituents considered in the NMC analysis are denoted by asterisks in Tables 1 and 2 and are limited to: ammonia (NH3N); dissolved oxygen (DO); fecal coliform (FC); nitrate (NO3N) or nitrite + nitrate (NO2N + NO3N); total nitrogen (TN); total phosphorous (TP); total suspended solids (TSS); and biological oxygen demand (BOD) (Table 1 only).

As indicated above, DRBC will be publishing its Comment & Response Document and Guidance Manual as well as conducting information sessions. Individual dischargers with specific questions related to the applicable requirements for their facility or who wish to request a meeting with DRBC staff are encouraged to contact
william.muszynski@drbc.state.nj.us.

Editorial Comment- These initial meetings are important for the applicant as well as the Commission’s staff to better understand the project, its needs and ramifications to those who will be affected by and financing the project

Buzzi Scholarship Award Recipients Announced

This is our fifth year for the John L. Buzzi Memorial Scholarship Program and it continues to be a resounding success for aspiring high school seniors who would like to enter a career in a field related to water resources engineering, science or biology.

Usually, only one candidate is selected to receive an award but this year we had three excellent candidates all of which deserved recognition for their accomplishments and career aspirations.

Katherine McMahon of Allentown, PA received a $1000 award.

Katherine graduated from William Allen High School with a GPA of 4.8. She has been accepted into the Schreyer Honors College at Penn State University in Civil/Environmental Engineering, a program that ranks with the likes of Harvard and Princeton. She was a member of the National Honor Society and their local President from 2007-2008. She was appointed to the Penn State Leadership Camp in 2006 and to the Pennsylvania Governor’s School of Excellence for International Studies-University of Pittsburg in 2007. During her high school years she was active in soccer, cross country and was a member of the boy’s lacrosse team her senior year. She was also a participant in the Science Olympiad for genetics, ecology, cell biology and herpetology for 3 years.

During the summer she worked as a Lab Technician for the City of Allentown and performed various water analyses and field sampling.

Most notably, Katherine was selected was selected by the Allentown School District as their Student Representative to provide insight into the committee’s discussions and deliberations.

Katherine’s goal is to pursue a career in Water Resources Engineering.

Our second recipient, Jameson Tuerk, who graduated from Downingtown West High School (PA) received a $500 scholarship award. James has a long interest in our fisheries resources in the tributaries to the Delaware River. James will be attending Mansfield State University in PA in the fall 2008.

James interest was long driven as a fisherman. As an active youth member of the West Chester Fish and Game Association (WCFG) in West Chester PA, James was inspired by their work and that of Valley Forge Trout Unlimited to pursue a career in fisheries and conservation. James was the first youth Board member of WCFG and also the appointed a youth representative to the Southeastern Pennsylvania Anglers Coalition. His desire and ability to make a difference in our streams was duly noted by the President of WCFG, Glade Squires, and several members of the school staff.

Brian Wirtz also received a $500 award. Brian hails from Blackwood, NJ and will be attending Widener University this fall in Civil Engineering.

Brian is a member of the National Honors Society and has been active in the community participating in a number of fundraising events. He has also attained the rank of a Boy Scout Eagle Scout. He was nominated by school leaders and received the Philadelphia Inquirer’s Student Citizenship Award.

WRA’s Board wishes all the recipients our sincere best for their efforts in making a difference in the near future as a new and upcoming member of the water resources community.

For those of you who have followed this program, applications for 2009 are due by March 31, 2009. If you know of a high school senior who may be eligible please click on the Scholarship button on the homepage of this website for the details of our 2009 application process. As our graduates matriculate we will report back on their progress and how their careers progress.