DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Water Resources

Statutory Authority: 7 Delaware Code, Chapter 60 (7 Del.C. Ch. 60)

Proposed Total Maximum Daily Loads (TMDLs) for Bacteria for the Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds), the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman, Assawoman, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds), and the Murderkill River and Appoquinimink River Watersheds, Delaware

PROPOSED

NOTICE OF PUBLIC HEARINGS

Brief Synopsis of the Subject, Substance, and Issues

The Department of Natural Resources and Environmental Control (DNREC) plans to conduct Public Hearings regarding Total Maximum Daily Load (TMDL) Regulations for bacteria for the Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds), the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman, Assawoman, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds), and the Murderkill River and Appoquinimink River Watersheds. A TMDL sets a limit on the amount of a pollutant that can be discharged into a waterbody and still meet water quality standards. TMDLs are composed of Waste Load Allocations (WLAs) for point source discharges, Load Allocations (LAs) for nonpoint sources, and a Margin of Safety (MOS) to account for uncertainties.

The proposed Bacteria TMDL Regulations for the Chester River, Choptank River, Marshyhope Creek, and Pocomoke River Watersheds are necessary because the existing TMDL regulations that included both nutrient and bacteria allocations, promulgated on January 11, 2006, are being revised to include nutrients only. This change is necessary due to a clarification in the interpretation of the EPA-required bacteria water quality standards that result in changes to the bacteria allocations.

Draft TMDL Regulations for these watersheds were published in the June 1, 2006 issue of the Delaware Register of Regulations and were reviewed during public workshops held in June, 2006. All comments received at the workshops and during the June 1 through 30 comment period were considered by the Department. Comments, as well as additional technical analyses, resulted in minor changes to the proposed TMDL Regulations and enhancements to the technical support documents. The revised proposed TMDL Regulations are published, following this notice, in this issue of the Register.

Possible Terms of the Agency Action

Following adoption of the Proposed TMDL Regulations, DNREC will develop Pollution Control Strategies (PCSs) designed to achieve the necessary load reductions. PCSs will identify specific pollution reduction activities and timeframes and will be developed in concert with Tributary Action Teams, other stakeholders, and the public.

Statutory Basis or Legal Authority to Act

The authority to develop a TMDL is provided by Title 7 of the Delaware Code, Chapter 60, and Section 303(d) of the Federal Clean Water Act, 33 U.S.C. 1251 et. seq., as amended.

Other Legislation That May be Impacted

None

Notice of Public Hearings and Comment Period

The Public Hearing for the Murderkill River and Appoquinimink River Watersheds will be held Wednesday, September 20, 2006 at 6:00 p.m. in the DNREC Secretary's Conference Room, Richardson and Robbins Building, 89 Kings Highway, Dover.

The Public Hearing for the Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds), the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman, Assawoman, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds) will be held Thursday, September 21, 2006 at 6:00 p.m. at the University of Delaware Research and Education Center, 16483 County Seat Highway, Georgetown, DE.

The hearing records for these watersheds will remain open until 4:30 p.m., Monday, October 2, 2006. Please send written comments to Sam Myoda, Watershed Assessment Section, Division of Water Resources, Department of Natural Resources and Environmental Control, 820 Silver Lake Boulevard, Suite 220, Dover, DE 19904-2464; facsimile: (302) 739-6140, email: (samuel.myoda@state.de.us). All written comments must be received by 4:30 p.m., Monday, October 2, 2006. Electronic submission is preferred.

Copies of the proposed regulations and TMDL reports and technical support documents for these watersheds are available by mail from Sam Myoda, DNREC, DWR, Watershed Assessment Section, 820 Silver Lake Blvd., Suite 220, Dover, DE 19904-2464, via telephone by calling (302) 739-9939, or from the Internet at the following URL:

http://www.dnrec.state.de.us/water2000/Sections/Watershed/TMDL/tmdlinfo.htm

Prepared By:

John Schneider, Watershed Assessment Section, 739-9939

7403 Total Maximum Daily Load (TMDL) for the Appoquinimink River Watershed, Delaware

1.0 Introduction and Background

Water quality monitoring performed by the Department of Natural Resources and Environmental Control (DNREC) has shown that the waters of the Appoquinimink River Watershed are impaired by high levels of bacteria and that the designated uses are not fully supported due to levels of this pollutant in these waters.

Section 303(d) of the Federal Clean Water Act (CWA) requires States to develop a list (303(d) List) of waterbodies for which existing pollution control activities are not sufficient to attain applicable water quality criteria and to develop Total Maximum Daily Loads (TMDLs) for pollutants or stressors causing the impairment. A TMDL sets a limit on the amount of a pollutant that can be discharged into a waterbody and still protect water quality. TMDLs are composed of three components, including Waste Load Allocations (WLAs) for point source discharges, Load Allocations (LAs) for nonpoint sources, and a Margin of Safety (MOS).

DNREC listed the Appoquinimink River Watershed on several of the State's 303(d) Lists and proposes the following Total Maximum Daily Load regulation for enterococcus bacteria.

2.0 Total Maximum Daily Load (TMDL) Regulation for the Appoquinimink River Watershed

Article 1. The nonpoint source bacteria load (LA) in the fresh water portion of the Appoquinimink River Watershed shall be reduced by 9 percent from the 1997-2005 baseline level.

Article 2. The nonpoint source bacteria load (LA) in the marine water portion of the Appoquinimink River Watershed shall be reduced by 69 percent from the 1997-2005 baseline level.

Article 3. The Municipal Separate Storm Sewer Systems (MS4) point source bacteria load (WLA) in the fresh water portion of the Appoquinimink River Watershed shall be reduced by 10 percent from the 1997-2005 baseline level.

Article 4. The Municipal Separate Storm Sewer Systems (MS4) point source bacteria load (WLA) in the marine water portion of the Appoquinimink River Watershed shall be reduced by 68 percent from the 1997-2005 baseline level.

Article 5. The Middletown-Odessa-Townsend (MOT) wastewater treatment plant point source bacteria loading (WLA) will be based on an effluent, 30-day geometric mean concentration level not to exceed 33 CFU enterococcus/100 ml.

Article 6. Based upon cumulative distribution analyses and assuming implementation of reductions identified by Article 1 through Article 5 above, DNREC has determined that, with an adequate margin of safety, water quality standards will be met in the Appoquinimink River Watershed.

Article 7. Implementation of this TMDL Regulation shall be achieved through the development and implementation of a Pollution Control Strategy. The Strategy will be developed by DNREC in concert with the Tributary Action Team, other stakeholders, and the public.

7427 Total Maximum Daily Load (TMDL) for the Murderkill River Watershed, Delaware

1.0 Introduction and Background

Water quality monitoring performed by the Department of Natural Resources and Environmental Control (DNREC) has shown that the waters of the Murderkill River Watershed are impaired by high levels of bacteria and that the designated uses are not fully supported due to levels of this pollutant in these waters.

Section 303(d) of the Federal Clean Water Act (CWA) requires States to develop a list (303(d) List) of waterbodies for which existing pollution control activities are not sufficient to attain applicable water quality criteria and to develop Total Maximum Daily Loads (TMDLs) for pollutants or stressors causing the impairment. A TMDL sets a limit on the amount of a pollutant that can be discharged into a waterbody and still protect water quality. TMDLs are composed of three components, including Waste Load Allocations (WLAs) for point source discharges, Load Allocations (LAs) for nonpoint sources, and a Margin of Safety (MOS).

DNREC listed the Murderkill River Watershed on several of the State's 303(d) Lists and proposes the following Total Maximum Daily Load regulation for enterococcus bacteria.

2.0 Total Maximum Daily Load (TMDL) Regulation for the Murderkill River Watershed

Article 1. The nonpoint source bacteria load (LA) in the fresh water portion of the Murderkill River Watershed shall be reduced by 31 percent from the 1997-2005 baseline level.

Article 2. The nonpoint source bacteria load (LA) in the marine water portion of the Murderkill River Watershed shall be reduced by 61 percent from the 1997-2005 baseline level.

Article 3. All point source bacteria loading (WLAs) in the Murderkill River Watershed will be based on an effluent, 30 day-geometric mean concentration level not to exceed 33 CFU enterococcus/100 ml.

Article 4. Based upon cumulative distribution analyses and assuming implementation of reductions identified by Article 1 through Article 3 above, DNREC has determined that, with an adequate margin of safety, water quality standards will be met in the Murderkill River Watershed.

Article 5. Implementation of this TMDL Regulation shall be achieved through the development and implementation of a Pollution Control Strategy. The Strategy will be developed by DNREC in concert with the Tributary Action Team, other stakeholders, and the public.

7428 Total Maximum Daily Load (TMDL) for the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman, Assawoman, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds), Delaware

1.0 Introduction and Background

Water quality monitoring performed by the Department of Natural Resources and Environmental Control (DNREC) has shown that the waters of the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman, Assawoman, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds) are impaired by high levels of bacteria and that the designated uses are not fully supported due to levels of this pollutant in these waters.

Section 303(d) of the Federal Clean Water Act (CWA) requires States to develop a list (303(d) List) of waterbodies for which existing pollution control activities are not sufficient to attain applicable water quality criteria and to develop Total Maximum Daily Loads (TMDLs) for pollutants or stressors causing the impairment. A TMDL sets a limit on the amount of a pollutant that can be discharged into a waterbody and still protect water quality. TMDLs are composed of three components, including Waste Load Allocations (WLAs) for point source discharges, Load Allocations (LAs) for nonpoint sources, and a Margin of Safety (MOS).

DNREC listed the Inland Bays Drainage Basin on several of the State's 303(d) Lists and proposes the following Total Maximum Daily Load regulation for enterococcus bacteria.

2.0 Total Maximum Daily Load (TMDL) Regulation for the Inland Bays Drainage Basin

Article 1. The nonpoint source bacteria load (LA) in the fresh water portion of the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman, Assawoman, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds) shall be reduced by 42 percent from the 2000-2005 baseline level.

Article 2. The nonpoint source bacteria load (LA) in the marine water portion of the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman, Assawoman, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds) shall be reduced by 11 percent from the 2000-2005 baseline level.

Article 3. All point source bacteria loading (WLAs) in the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman, Assawoman, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds) will be based on an effluent, 30 day-geometric mean concentration level not to exceed 33 CFU enterococcus/100 ml until all point sources are eliminated as required by the 1998 Inland Bays Nutrient TMDL Regulation.

Article 4. Based upon cumulative distribution analyses and assuming implementation of reductions identified by Article 1 through Article 3 above, DNREC has determined that, with an adequate margin of safety, water quality standards will be met in the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman, Assawoman, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds).

Article 5. Implementation of this TMDL Regulation shall be achieved through the development and implementation of a Pollution Control Strategy. The Strategy will be developed by DNREC in concert with the Tributary Action Team, other stakeholders, and the public.

7429 Total Maximum Daily Loads (TMDLs) for the Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds), Delaware

1.0 Introduction and Background

Water quality monitoring performed by the Department of Natural Resources and Environmental Control (DNREC) has shown that the waters of the Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds) are impaired by high levels of bacteria and that the designated uses are not fully supported due to levels of this pollutant in these waters.

Section 303(d) of the Federal Clean Water Act (CWA) requires States to develop a list (303(d) List) of waterbodies for which existing pollution control activities are not sufficient to attain applicable water quality criteria and to develop Total Maximum Daily Loads (TMDLs) for pollutants or stressors causing the impairment. A TMDL sets a limit on the amount of a pollutant that can be discharged into a waterbody and still protect water quality. TMDLs are composed of three components, including Waste Load Allocations (WLAs) for point source discharges, Load Allocations (LAs) for nonpoint sources, and a Margin of Safety (MOS).

DNREC listed the Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds) on several of the State's 303(d) Lists and proposes the following Total Maximum Daily Load regulation for enterococcus bacteria.

2.0 Total Maximum Daily Loads (TMDLs) Regulation for the Chesapeake Bay Drainage Basin

Article 1. The nonpoint source bacteria load (LA) in the entire Chester River Watershed shall be reduced by 37 percent from the 1997-2004 baseline level.

Article 2. The nonpoint source bacteria load (LA) in the entire Choptank River watershed shall be reduced by 29 percent from the 1997-2005 baseline level.

Article 3. The nonpoint source bacteria load (LA) in the entire Marshyhope Creek watershed shall be reduced by 21 percent from the 1997-2005 baseline level.

Article 4. The nonpoint source bacteria load (LA) in the entire Pocomoke River watershed shall be reduced by 26 percent from the 1997-2004 baseline level.

Article 5. The nonpoint source bacteria load (LA) in the entire Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, and Broad Creek Watersheds shall be reduced by 2 percent from the 2000-2005 baseline level.

Article 6. All point source bacteria loading (WLAs) in the entire Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds) will be based on an effluent, 30-day geometric mean concentration level not to exceed 100 CFU enterococcus/100 ml.

Article 7. Based upon cumulative distribution analyses and assuming implementation of reductions identified by Article 1 through Article 6 above, DNREC has determined that, with an adequate margin of safety, water quality standards will be met in the Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds).

Article 8. Implementation of this TMDL Regulation shall be achieved through the development and implementation of a Pollution Control Strategy. The Strategy will be developed by DNREC in concert with Tributary Action Teams, other stakeholders, and the public.

10 DE Reg. 524 (09/01/06) (Prop.)