EPA Proposes Revised Dissolved Oxygen Levels for the Lower Delaware River

On December 13, 2023, the EPA Administrator Michael S. Regan signed a proposed rule to revise the aquatic life designated use and dissolved oxygen water quality criteria applicable to Zone 3, Zone 4, and the upper portion of Zone 5 of the Delaware River (in total, river miles 108.4 to 70.0; approximately from Philadelphia, PA to Wilmington, DE). The EPA is proposing this rule, Water Quality Standards to Protect Aquatic Life in the Delaware River, to ensure that the aquatic life designated uses and dissolved oxygen criteria are set at levels that protect all life stages of oxygen-sensitive species in those zones of the Delaware River, including two species of sturgeon that are listed as endangered under the Endangered Species Act.

Photo by Noel Burkhead

Comments on Proposal

The EPA will accept written public comments on this proposed rule beginning the day the proposed rule is published in the Federal Register and for 60-days thereafter. Public comments on the proposed rule can be submitted to regulations.gov (Docket ID No. EPA-HQ-OW-2023-0222) during the 60-day comment period.

Public Hearings

EPA will hold two public hearings during the public comment period.

Please note that there will be a 5 minute time limit per oral comment. Once you register, a confirmation email will be sent to registrants providing instructions for joining the online hearing and other logistical information. If you require special accommodations, please contact Hannah Lesch at Lesch.Hannah@epa.gov, 202-566-1224, at least three weeks prior to the hearing.

The proposed rule, a fact sheet, and the EPA Press release can be found here.

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