~ Water Resources Association ~

Water Resource Associations of the Delaware River Basin

Spring '05

Chairman's Message

Some tasks are difficult, others truly daunting. The Clean Water Act declares that all interstate and navigable waters shall be "fishable and swimmable." If a waterway is not, then it is "impaired." It must be evaluated and a "Total Maximum Daily Loading" must be developed and allocated among all the sources of the contamination.

Polychlorinated Biphenyls are man-made compounds with stability and electrical properties that made them very popular beginning in the 1940s and continuing until their manufacture in the U.S. was banned close to 30 years ago. PCBs are classified as probable human carcinogens. The Delaware River, roughly from Trenton to the head of the Bay, contains PCBs at levels that led Delaware, New Jersey and Pennsylvania to issue advisories against excessive fish consumption.

The Delaware River Basin Commission, by agreement with Environmental Protection Agency Regions 2 and 3, has studied the PCBs, prepared the first stage of a TMDL and is now working on the Stage 2 TMDL. But there is little technology to attack the heart of the problem: PCB loadings to the Delaware (including the Schuylkill River contribution) must be rolled back by better than 99% to achieve water quality standards. Over half the PCBs come from waste sites, not from current plant operations. How do you achieve 99% reduction of the small traces of PCBs that seep into more than one hundred miles of the Delaware and Schuylkill Rivers, their tributaries, and their storm sewers?

One contributing factor is that Delaware's water quality standard for PCB is five times as tight as the New Jersey or Pennsylvania standards. But the larger issues are that the law commands a cleanup level that is very doubtful of achievement, with no apparent relief valve. And compliance will require drastic cleanup steps for waste sites (at least 49 sites are known PCB sources), but no adequate government funding is provided to address the "orphan share" or the cost of exemptions from cleanup responsibility granted by Congress and the states. So there are many reasons to closely watch the Stage 2 TMDL process as it develops.

WRA: Celebrating Forty-Five Years in the Delaware River Basin

The Water Resources Association of the Delaware River Basin (WRA) was established in 1959 by individuals and organizations with wide-ranging interests in water resources who sought to insure public participation in the management of the Delaware River and its tributaries. Indeed WRA has the distinction of being one of the oldest watershed organizations in the Basin.

In 1961, WRA successfully participated in the creation of a federal- interstate compact and the creation of a regional agency now known as the Delaware River Basin Commission. The early members of WRA recognized that the best way to manage the resources of the Basin under the 1954 Supreme Court Decree and avoid interstate conflicts was to establish such an agency and implement a Corps of Engineers plan for the Basin. The prophecy of that action was soon realized as the Basin states entered a period of drought in the early 1960's that has yet to be duplicated. DRBC played a key role in the management of issues associated with the drought.

The drought led DRBC to advocate construction of to a proposal for a main stem reservoir at Tocks Island, the keystone of the Corps' Basin plan. Heated debate ensued on its impacts versus its benefits. Although WRA initially favored such a reservoir, as the environmental and human impacts became known and public opposition grew, the Association gradually backed away from that position in favor of smaller, dispersed water supply projects, including the Merrill Creek Reservoir project.

WRA participated in the development of the so-called "Level B Study" conducted by the DRBC and closely monitored the "Good Faith Negotiations" by the parties to the 1954 Supreme Court Decree in the late 1970's and early 1980's. In the mid-1980's, DRBC proposed to expand the capacity of F.E. Walter Reservoir, as had been proposed in the Corps' plan. The problem with this proposal was not the impacts associated with the additional storage but, rather, the method of how the capital costs would be paid. DRBC's proposal was to charge all surface waters users that did not have a water use entitlement from DRBC (i.e., were not "grandfathered.") The existing water use fee structure for these newer users would increase significantly. The F.E. Walter proposal was not well received by these users and, after years of debate, was finally tabled by DRBC.

Since then, WRA has remained active in monitoring new initiatives and activities of the DRBC and other agencies, including the recently developed Basin Water Resources Plan. WRA members and staff serve on various committees, all in an effort to make sound water resources management decisions for all Basin water users. We offer comment and testimony to DRBC, as appropriate, on issues important to out members, and we attempt to keep our membership informed through this newsletter and other means.

WRA is a 501(c)3 non-profit organization and wholly supported by our membership and proceeds from our events. If you would like more information about on WRA and how you or your organization can become an individual or supporting member please click on the Membership Opportunities tab on this website or call us.

Inside DRBC

As previously reported, DRBC is continuing to struggle with funding shortfalls from the federal government and states who has abrogated their responsibility under the Compact to provide funds for DRBC's operation. Shortfalls from the adopted FY 2006 budget include the federal government ($694,000), New York ($123,000) and New Jersey ($10,000). If the five commission members do not fully contribute their fair share of the annual budget, DRBC has announced its service reduction plan for a second consecutive year. The Commission programs that might be impacted during FY 2006 include:

• Technical and administrative support of flow management negotiations between the four basin states and New York City, including efforts to better define flows needed to support in-stream fisheries;
• Technical assistance/coordination on fish and wildlife habitat efforts;
• Cost-shared projects with federal partners where the DRBC would act as the local sponsor, thereby losing opportunities to bring much-needed dollars into the basin;
• Flood loss reduction efforts;
• Assessment of water quality impairments and assisting states in the development of Total Maximum Daily Loads (TMDLs);
• Timely implementation of toxics pollution control initiatives;
• Water quality monitoring and analysis;
• Timely review of water withdrawal or discharge docket (permit) applications requiring DRBC action in order to proceed;
• $250,000 in technical studies that would support the recently adopted basin plan's goals and objectives; and
• Education and public outreach.

At the March 16 Commissioner's meeting it was reported that action on the Pollutant Minimization Plans for the PCB TMDL will be postponed until DRBC's next meeting. The volume of comments received during the public notice period and the need for a comprehensive response were cited as reasons for the delay.

In other news, DRBC has evaluated the proposals received to develop water demand projection methodologies for six water use sectors in Pennsylvania and has awarded the contract to Camp Dresser & McKee. The report is due back within 90 days. This study was identified in the recently adopted Water Resources Plan for the Basin and was recognized as a data shortfall. The project is being funded by a grant from the PA Department of Environmental Protection.

More information on all DRBC rulemakings, activities and proposals can be found on their website, www.drbc.net.