N.Y. Comp. Codes R. & Regs. tit. 21 § 860.3

Current through Register Vol. 46, No. 53, December 31, 2024

Section 860.3 - Stream quality objectives

(a)Antigradation of waters.

(1) Interstate waters. It is the policy of the commission to maintain the quality of interstate waters, where existing quality is better than the established stream quality objectives, unless it can be affirmatively demonstrated to the commission that such change is justifiable as a result of necessary economic or social development or to improve significantly another body of water. In implementing this policy, the commission will require the highest degree of waste treatment determined to be practicable. No change will be considered which would be injurious to any designated present or future use.

(2) Special protection waters. It is the policy of the commission that there be no measurable change in existing water quality except towards natural conditions in waters considered by the commission to have exceptionally high scenic, recreational, ecological, and/or water supply values. Waters with exceptional values may be classified by the commission as either outstanding basin waters or significant resource waters. In determining waters suitable for classification as special protection waters, the commission will consider nomination petitions from local, State and Federal agencies and governing bodies, and the public for waters potentially meeting the definition of outstanding basin waters and significant resource waters as described in subparagraph (i) of this paragraph. The following policies shall apply to waters classified by the commission as outstanding basin waters or significant resource waters and their drainage areas:

(i) Definitions.

(a)Outstanding basin waters are interstate and contiguous intrastate waters that are contained within the established boundaries of national parks; national wild, scenic and recreational rivers systems; and/or national wildlife refuges that are classified by the commission under clause (vii)(a) of this paragraph hereof as having exceptionally high scenic, recreational, and ecological values that require special protection.

(b)Significant resource waters are interstate waters classified by the commission under clause (vii)(b) of this paragraph hereof as having exceptionally high scenic, recreational, ecological, and/or water supply uses that require special protection.

(c)Existing water quality for purposes of the Special Protection Waters Program is defined for a limited set of parameters, consisting of those listed in tables 1 and 2. Existing water quality is defined in table 1 for stream reaches between Hancock, New York and the Delaware Water Gap and in table 2 for stream reaches between the Delaware Water Gap and Trenton, New Jersey. Where existing water quality is not defined in tables 1 and 2, existing water quality may be defined by extrapolation from the nearest upstream or downstream interstate control point, from data obtained from sites within the same ecoregion, or on the basis of best scientific judgement.

(d)Measurable change to existing water quality is defined as an actual or estimated change in a seasonal or non-seasonal mean (for SPW waters upstream of and including river mile 209.5*) or median (for SPW waters downstream of river mile 209.5) in-stream pollutant concentration that is outside the range of the two-tailed upper and lower 95 percent confidence intervals that define existing water quality.^*

(e)Public interest is a determination of all the positive and negative social, economic and water resource impacts associated with a project affecting a significant resource water. A project that is in the public interest is one that, at a minimum, provides housing, employment, and/or public facilities needed to accommodate the adopted future population, land use, and other goals of a community and region without causing deleterious impacts on the local and regional environment and economy. In general, such a project would be one that conforms to a locally adopted growth management plan which is undergoing active implementation by local officials, is supported by the larger community as a whole, and is compatible with national, State and regional objectives as well. For a project not fully meeting the above criteria, the commission will weigh the positive and negative impacts to determine public interest.

(f)Regional resources management plan is a management plan developed and adopted by the government agency that is assigned primary responsibilities for the overall management of a national park, scenic and recreational river and/or wildlife refuge which contains waters that have been classified by the commission as outstanding basin waters. A regional resources management plan is one that addresses, among other subjects, the location and general size of allowable wastewater treatment facilities. A regional resources management plan, or applicable portions thereof, may be incorporated into the commission's comprehensive plan.

(g)Natural condition is the ecological state of a water body that represents conditions without human influence.

(h)Nondischarging/load reduction options are options whereby the amount of wastewater discharged to a surface stream is reduced by (1) instituting load reduction measures involving reductions in pollutants at the source possibly accompanied by water conservation practices to reduce the amount of flow received at a wastewater treatment plant; and/or (2) using land-based wastewater disposal whereby treated wastewater effluent is further treated by percolation and other soil-based processes instead of instream processes.

(i)Natural wastewater treatment systems are soil-based, vegetative and/or aquatic wastewater treatment systems characterized by the use of low energy treatment processes that use and simulate "natural" environmental processes such as primary and secondary productivity, crop production, wetlands, ponds and others.

(j)Nonpoint sources are sources of pollutants carried by surface and subsurface runoff that are derived from human activities and land use.

(k)Cumulative impact is the net sum of all individual impacts including all point and nonpoint source impacts.

(l)Boundary control points are locations where monitoring and other activities occur to determine existing water quality, no measurable change, and related pollution control requirements as applicable. Boundary control points for outstanding basin waters will generally correspond to federally established boundaries for national parks, etc. while those for significant resource waters will generally correspond to the confluence of an intrastate tributary with the classified interstate water. The locations of boundary and interstate control points are described in part C of table 1 for the reach between Hancock, NY and the Delaware Water Gap and in tables 2A and 2B for the reach between the Delaware Water Gap and Trenton, NJ.

(m)Interstate control points are general locations used to assess water quality for purposes of defining and protecting existing water quality. The locations of boundary and interstate control points are described in part C of table 1 for the reach between Hancock, NY and the Delaware Water Gap and in tables 2A and 2B for the reach between the Delaware Water Gap and Trenton, NJ.

(n)Growth management plans are locally developed and adopted plans expressing the social, economic, and environmental goals and objectives of the local community. A growth management plan in this context can be one plan, a series of plans, local ordinances, and other official documents of a municipality. Growth management plans outline the community's desired growth patterns and related infrastructure. To be considered in the commission's determination of public interest, growth management plans must be undergoing active implementation and forming the basis for local governmental decisions.

(o) An expanding wastewater treatment project is a project involving either (1) alterations or additions to an existing wastewater treatment facility that result in a reviewable project in accordance with the commission's Rules of Practice and Procedure; or (2) a new load or increased flow or loading from an existing facility that was not included in a NPDES permit or docket effective on the date of SPW designation.

(p)Substantial alterations or additions are those additions and alterations resulting in:

(1) a complete upgrade or modernization of an existing wastewater treatment plant, including substantial replacement or rehabilitation of the existing wastewater treatment plant, including substantial replacement or rehabilitation of the existing wastewater treatment process or major physical structures such as headworks, settling tanks, and biological/chemical treatment and filtration tanks, whether conducted as a single phase or a multi-phased project or related projects; or

(2) a new load or increased flow or loading from an existing facility that was not included in a NPDES permit or docket effective on the date of SPW designation. Among other projects, modifications made solely to address wet weather flows; and alterations that are limited to changes in the method of disinfection and/or the addition of treatment works for nutrient removal are not deemed to be "Substantial Alterations or Additions."

(q)Load and Loading are used interchangeably in these regulations and refer to the amount of a substance or material, expressed as a weight per unit time (pounds per day, for example), that is discharged from a facility.

(r)Incremental load and incremental loading are used interchangeably in these regulations and refer to the load that is greater than the actual load discharged by a facility at the time of SPW designation.

(s)Best management practices are any structural or nonstructural measure designed to reduce stormwater runoff and resulting nonpoint source loads.

(t)Watershed nonpoint source management plan is a plan prepared for a watershed that describes the basis for, and overall control strategy of, a plan for controlling, limiting, and abating all relevant nonpoint source loadings within the watershed. The plan will identify and assess important natural and anthropogenic features and influences on water quality; existing local, state and other nonpoint source control programs; potential nonpoint source loads on special protection waters; watershed-specific protection requirements; and the institutional needs and arrangements required to implement the plan.

(u)Nonpoint source pollution control plan is a plan describing the best management practices to be used at the project site and in the project service area to control increases in nonpoint source pollutant loadings resulting from the project.

(v)Priority watershed is a watershed that has been evaluated in conjunction with other watersheds draining to special protection waters and designated by the commission as having a substantial potential pollution impact on the water quality of special protection waters in comparison with other watersheds.

(ii) No measurable change to existing water quality.

(a) Outstanding basin waters shall be maintained at their existing water quality. Point and nonpoint sources of pollutants originating from outside the boundaries of stream reaches classified as outstanding basin waters shall be treated as required and then dispersed in the receiving water so that no measurable change occurs at boundary and interstate control points. Point sources of pollutants discharged to outstanding basin waters shall be treated as required and then dispersed in such a manner that complete mixing of effluent with the receiving stream is, for all practical intents and purposes, instantaneous.

(b) Significant resource waters shall not be degraded below existing water quality as defined in these regulations, although localized degradation of water quality may be allowed for initial dilution if the commission, after consultation with the State NPDES permitting agency, finds that the public interest warrants these changes. Point and nonpoint sources of pollutants originating from outside the boundaries of stream reaches classified as significant resource waters shall be treated as required and then dispersed in the receiving water so that no measurable change occurs at boundary and interstate control points, unless a mixing zone is allowed in significant resource waters, and then to the extent of the mixing zone designated as set forth in this section. If degradation of water quality is allowed for initial dilution purposes, the commission, after consultation with the State NPDES permitting agency, will designate mixing zones for each point source and require the highest possible point source treatment levels necessary to limit the size and extent of the mixing zones. The dimensions of the mixing zone will be determined by the commission after consultation with the State NPDES permitting agency based upon an evaluation of (1) site-specific conditions, including channel characteristics; (2) the cost and feasibility of treatment technologies; and (3) the design of the discharge structure. Mixing zones will be developed using the wastewater treatment facility design conditions and low ambient flow conditions unless site-specific characteristics indicate otherwise. Nonpoint sources shall be subject to the requirements of subparagraph (v) of this paragraph for the implementation of nonpoint source control plans.

(iii) Allowable discharges.

(a) Direct discharges of wastewater to special protection waters are discouraged. The following categories of projects discharging directly to special protection waters may be approved only after the applicant demonstrates that it has fully evaluated all non-discharge/load reduction alternatives and is unable to implement these alternatives because of technical and/or financial infeasibility: new wastewater treatment facilities and substantial alterations or additions to existing wastewater treatment facilities. When evaluating non-discharge/load reduction alternatives, the applicant shall consider alternatives to any and all loadings-both existing and proposed-in excess of actual loadings at the time of SPW designation.

(b) The following categories of projects within the drainage area of special protection waters may be approved only after the applicant demonstrates that it has fully evaluated all natural wastewater treatment system alternatives and is unable to implement these alternatives because of technical and/or financial infeasibility: new wastewater treatment facilities and substantial alterations or additions to existing wastewater treatment facilities. When evaluating natural treatment alternatives, the applicant shall consider alternatives to any and all loadings-both existing and proposed-in excess of actual loadings at the time of SPW designation.

(c) The following categories of projects discharging directly to significant resource waters may be approved only following a determination that the project is in the public interest as that term is defined in subparagraph (a)(2)(i)(e) of this paragraph: new wastewater treatment facilities and substantial alterations or additions to existing wastewater treatment facilities.

(d) The general number, location and size of future wastewater treatment facilities discharging to outstanding basin waters (if any) shall be developed taking into consideration any adopted regional resource management plan as defined in clause (i)(f) of this paragraph and, on an individual project basis, considering the feasibility of non-discharge/load reduction alternatives.

(iv) Wastewater treatment facilities.

(a) All wastewater treatment facilities discharging to waters classified as special protection waters shall have available standby power facilities unless it can be shown that a proposed discharge can be interrupted for an extended period with no threat to the water quality of special protection waters. Existing facilities must comply with this requirement upon their next permit renewal under the delegated national polluant discharge elimination system (NPDES) permit program.

(b) All wastewater treatment facilities discharging to special protection waters that are not staffed 24 hours every day shall have a remote alarm that will continuously monitor plant operations whenever the plant is not staffed. The alarm system will be designed to alert someone available with authority and knowledge to take appropriate action. Existing facilities must comply with this requirement upon their next permit renewal under the delegated NPDES program.

(c) All new wastewater treatment facilities discharging to outstanding basin waters shall not have visual discharge plumes. Existing facilities must comply with this requirement upon their next permit renewal under the delegated NPDES program.

(d) All new wastewater treatment facilities discharging to special protection waters shall prepare and implement an emergency management plan following the guidance provided in the Water Pollution Control Federation's Manual of Practice SM-8, Emergency Planning for Municipal Wastewater Facilities, the U.S. EPA's Design Criteria for Mechanical, Electric and Fluid System and Component Reliability or other suitable manuals. Emergency management plans shall include an emergency notification procedure covering all affected downstream users. Existing facilities must comply with this requirement upon their next permit renewal under the delegated NPDES program.

(e) The minimum level of wastewater treatment for the following categories of projects will be "Best Demonstrable Technology" as defined below: all new wastewater treatment facilities and all projects involving substantial alterations or additions to existing wastewater treatment facilities when the new or expanding facility discharges directly to outstanding basin waters or significant resource waters. Equivalent effluent criteria for industrial facilities and seasonal limits, if any, will be developed on a case-by-case basis. The following 30-day average effluent criteria define best demonstrable technology:^*

5-day CBOD:	10 mg/l or less
Dissolved oxygen:	6.0 mg/l or greater
Total suspended solids:	10 mg/l or less
Ammonia-nitrogen:	1.5 mg/l or less
Total nitrogen:	10.0 mg/l or less
Total phosphorus:	2.0 mg/l or less
Fecal coliform:	50/100 ml or less

(f) Best demonstrable technology for disinfection shall be ultraviolet light disinfection or an equivalent disinfection process that results in no harm to aquatic life, does not produce toxic chemical residuals, and results in effective bacterial and viral destruction.

(g) For wastewater treatment facility discharge projects that satisfy applicable requirements of subparagraphs (ii) through (iv) of this paragraph, the commission may approve effluent trading on a voluntary basis between point sources within the same watershed or between the same interstate or boundary control points to achieve no measurable change to existing water quality. Applicants seeking the commission's approval for a trade must demonstrate equivalent load and pollutant reductions and the ability (through contracts, docket conditions, NPDES effluent limits or other legal instruments) to ensure continuous achievement of the required reductions for a term of not less than five years or the time required for the point source(s) to install the treatment needed to demonstrate no measurable change to existing water quality, whichever term is longer. States will be encouraged to incorporate appropriate conditions in the next NPDES permits issued to the trading dischargers.

(h) For wastewater treatment facilities within the drainage area to special protection waters, the actual loads and design flows included in a NPDES permit or docket effective at the time of special protection waters designation ("SPW designation") may continue without triggering the additional treatment requirements and alternatives analyses required by these regulations. However, when substantial alterations or additions as defined herein are proposed, although the actual discharge at the time of SPW designation remains exempt from additional requirements, the proposed expansion cannot be approved until (1) the applicant demonstrates that it has evaluated all non-discharge load reduction alternatives for all or a portion of the incremental load and is unable to implement these alternatives because of technical or financial infeasibility (for discharges directly to outstanding basin waters [OBW] and significant resource waters [SRW]); (2) the applicant demonstrates that it has evaluated all natural wastewater treatment system alternatives for all or a portion of the incremental load and is unable to implement these alternatives because of technical or financial infeasibility (for discharges directly to OBW and SRW and for tributary discharges); (3) the commission has determined that the project is demonstrably in the public interest as defined herein (for discharges directly to SRW); (4) the minimum level of treatment to be provided for the incremental discharge is best demonstrable technology as defined herein (for discharges directly to OBW and SRW); and (5) the applicant demonstrates that the project will cause no measurable change to existing water quality as defined herein (for discharges directly to OBW and SRW and for tributary discharges).

(i) For wastewater treatment facility projects subject to the no measurable change requirement, the demonstration of no measurable change to existing water quality shall be satisfied if the applicant demonstrates that the new or incremental increase in the facility's flow or load will cause no measurable change at the relevant water quality control point for the parameters denoted by asterisks in tables 1 and 2 of this section: ammonia (NH₃N); dissolved oxygen (DO); fecal coliform (FC); nitrate (NO₃N) or nitrite + nitrate (NO₂N + NO₃N); total nitrogen (TN) or total kjeldahl nitrogen (TKN); total phosphorus (TP); total suspended solids (TSS); and biological oxygen demand (BOD) (table 1 only). In making the demonstration required in the preceding sentence the applicant shall use a DRBC-approved model of the tributary or main stem watershed if available. Where a DRBC-approved model is not available, the applicant shall use other methodologies submitted to and approved in advance by the commission to estimate cumulative effect at the applicable control point.

(v) Control of nonpoint sources.

(a) Projects subject to review under section 3.8 of the Compact that are located in the drainage area of special protection waters must submit for approval a nonpoint source pollution control plan that controls the new or increased nonpoint source loads generated within the portion of the project's service area which is also located within the drainage area of special protection waters. The plan will document which best management practices described in handbooks, manuals and other documents prepared by the applicable state environmental agency that the project sponsor will use to control, to the extend possible, the nonpoint source loads from the project. In approving the plan, the commission may consider, but not require, tradeoffs, that the project sponsor might propose, between the reduction of potential new nonpoint source loads and:

(1) equivalent reductions in existing nonpoint source loads;

(2) equivalent point source loads; and

(3) equivalent nonpoint source loads from outside the affected service area.

Applicants desiring commission approval of tradeoff strategies must provide information concerning the amount of nonpoint source loads to be reduced through an equivalent tradeoff process and, where necessary, the enforceable mechanisms and/or agreements required to implement the tradeoffs. Where tradeoffs have been approved, control measures for existing nonpoint sources must be substantially in-place prior to project operation. The executive director may, upon agreement with the State, delegate review and approval responsibilities under this section to the appropriate State environmental agency. Exceptions to this policy are:

(i) Public authorities, other special purpose districts, and private corporations that do not have the legal authority to implement nonpoint source controls in their new or expanded service areas. Such entities are subject, however, to the requirement set forth in clause (b) of this subparagraph, that no new connection may be approved unless the area(s) served is (are) regulated by a nonpoint source pollution control plan approved by the commission.

(ii) The requirement for service area nonpoint source control plans is automatically satisfied if the project service area is part of a watershed nonpoint source management plan that has been adopted into the commission's comprehensive plan and is being implemented.

(iii) Projects located above major surface water impoundments listed in subdivision (a)(2)(vii)(e) of this section where time of travel and relevant hydraulic and limnological factors preclude a direct impact on special protection waters.

(iv) Projects located in municipalities that have adopted and are actively implementing nonpoint source/stormwater control ordinances that have been reviewed and approved by the commission.

(v) Projects located in watersheds where the applicable State environmental agency, county government, and local municipalities are participating in the development of a watershed plan being prepared under the auspices of these regulations, the Federal Clean Water Act, or State initiatives.

(b) Approval of a new or expanded water withdrawal and/or wastewater discharge project will be subject to the condition that any new connection to the project system only serve an area(s) regulated by a nonpoint source pollution control plan which has been approved by the commission.

(c) Within two years after the adoption of special protection waters nonpoint source control regulations, the commission shall, after substantial consultation with local, county, State and Federal agencies and the general public, publish a report presenting its methodology for prioritizing watersheds in the special protection waters drainage area including alternatives, if any; a preliminary listing of priority watersheds in the drainage area; and a recommended plan of study for the development of watershed-specific management plans. For waters classified as special protection waters after December 1992, the watershed prioritization process will be completed within two years after the special protection waters are classified. Watershed priorities will be determined from a comparative analysis of each watershed's location and potential, future impact on existing water quality at designated boundary and interstate control points. In determining priorities, the commission will consider:

(1) the physical characteristics of the watershed including slopes, soils, existing land use and land cover, drainage characteristics, and others;

(2) the status of existing water quality and trends, if any, of the watershed as measured as its boundary control point;

(3) the anticipated mass loadings of new nonpoint sources;

(4) the watershed management and planning priorities of applicable local, State and Federal agencies;

(5) the current status of local land use/nonpoint source controls in the watershed; and,

(6) the stormwater permitting activity in the NPDES permitting program; and

(7) other natural and anthropogenic factors.

(d) Once the public has been given an opportunity to comment, the commission will adopt a list of priority watersheds. This listing will be reviewed and modified as necessary on a two year basis after adoption.

(e) Within five years after adopting a list of priority watersheds draining to special protection waters, the commission shall develop, or encourage the development of, watershed nonpoint source management plans for each priority watershed unless new circumstances result in deferring plan completion. Watershed nonpoint source management plans will focus on nonpoint source loadings, but will consider total loads including both point and nonpoint sources and their interrelationship where necessary. During plan development, the commission will seek technical assistance from the applicable State environmental agency and all other applicable Federal, State, county, and local government units; and will consider direct delegation of plan development (with concurrence of the State environmental agency) to any county or other applicable governmental entity desiring to perform the watershed planning activities on behalf of, or instead of, the commission. Where more than one political unit shares a watershed, joint plan development arrangements between the commission and delegated agencies will be developed.

(f) Watershed management plans developed by the commission, or approved by the commission will be incorporated into the commission's comprehensive plan in accordance with the Rules of Practice and Procedure.

(g) The commission shall encourage the voluntary development of watershed management plans for tributary watersheds entering special protection waters and local nonpoint source regulatory programs that conform to the goals and objectives of the special protection waters regulations as promulgated in subdivision (a)(2) of this section. Within the limits of its resources, the commission will provide technical assistance, a clearinghouse for nonpoint sources information, regulatory authority, inter-agency coordination, and other services to local and other governmental units desiring to develop and implement stormwater and nonpoint source watershed plans and local regulatory programs.

(h) The commission shall encourage the submission of watershed management plans prepared voluntarily and independently from these regulations for consideration of inclusion into the commission's comprehensive plan.

(vi) Policies regarding intergovernment responsibilities.

(a) Inter-relationship of State and commission responsibilities. The applicable State environmental agency shall assure to the extent possible that existing water quality in special protection waters is not measurably changed by pollution discharged into the intrastate tributary watersheds within its jurisdiction. For water quality management purposes, the State environmental agency and the commission will jointly establish boundary control points as described in subparagraph (i)(l) and (vii)(d) of this paragraph. In performing this responsibility, the State environmental agency shall require that all new or expanding wastewater treatment facilities and existing wastewater treatment plants applying for a discharge permit or permit renewal under the delegated NPDES program to comply with the policies as prescribed in subparagraph (iv) of this paragraph unless it can be demonstrated, after consultation with the commission, that these requirements are not necessary for the protection of existing water quality in the special protection waters due to distance from special protection waters, time of travel, the existence of water storage impoundments, the waste assimilation characteristics of the receiving stream, and other relevant hydrological and limnological factors. The commission shall, to the extent practicable and necessary, coordinate and oversee all special protection waters activities and assist the efforts of each State environmental agency to control pollutants originating from intrastate tributary watersheds. The commission shall determine pollution control requirements for discharges to special protection waters; for nonpoint sources draining directly into special protection waters; and total nonpoint source loads emanating from intrastate tributary watersheds as measured at boundary control points.

(vii) Classified special protection waters.

(a) The following stream reaches are classified as outstanding basin waters:

(1) the Upper Delaware Scenic and Recreational River (Delaware River between River Mile 330.7 and 258.4);

(2) those portions of intrastate tributaries located within the established boundary of the Upper Delaware Scenic and Recreational River Corridor;

(3) the Middle Delaware Scenic and Recreational River (Delaware River between River Miles 250.1 and 209.5);

(4) those portions of tributaries located within the established boundary of the Delaware Water Gap National Recreation Area.

(b) The following stream reaches are classified as significant resource waters:

(1) The Delaware River between River Miles 258.4 (the downstream boundary of the Upper Delaware Scenic and Recreational River) and 250.1 (the upstream boundary of the Delaware Water Gap National Recreation Area).

(2) The Lower Delaware River between River Miles 209.5 (the downstream boundary of the Delaware Water Gap National Recreation Area) and 134.34 (the Calhoun Street Bridge near the Head of Tide at Trenton, NJ).

(c) Definitions of existing water quality for waters classified in subclauses (1) and (2) of this clause above are presented in part A of table 1 for the Upper Delaware Scenic & Recreational River and part B of table 1 for the reach from Millrift, PA. to the Delaware Water Gap, including the Middle Delaware Scenic and Recreational River; and in table 2 for the reach between the Delaware Water Gap and Trenton, NJ.

(d) The location of boundary and interstate control points are described in part C of table 1 for the reach between Hancock, NY and the Delaware Water Gap and in table 2 for the reach between the Delaware Water Gap and Trenton, NJ.

TABLE 1 DEFINITION OF EXISTING WATER QUALITY IN THE DELAWARE RIVER BETWEEN HANCOCK, NEW YORK AND THE DELAWARE WATER GAP¹

PART A: UPPER DELAWARE SCENIC & RECREATIONAL RIVER2
PARAMETER	MEAN	95 PERCENT CONFIDENCE LIMITS OF MEAN	10TH AND 90TH PERCENTILES	ADDITIONAL
Dissolved oxygen* (mg/l)	9.0	8.9 to 9.2	7.5 and 11.0	Never below 6.0 mg/l (night time); May-Sept; reachwide
BOD5*(mg/l)	0.67	0.6 to 0.8	0.3 and 1.9	May-Sept; reachwide
Conductivity (umhos/cm)	68	66.6 to 69.3	52 and 88	non-seasonal; reachwide
Fecal coliform* (colonies/100 ml)	24	21 to 28	4 and 200	May-Sept; reachwide
Total suspended solids* (mg/l)	4.0	2.9 to 5.6	2.0 and 16	non-seasonal; reachwide
Total phosphorus* (ug/l)	29	27 to 31	18 and 50	non-seasonal; reachwide
Ammonia + ammonium* (ug/l)	15	13 to 18	10 and 50	as nitrogen; May-Sept; reachwide
Ammonia + ammonium* (ug/l)	22	20 to 25	10 and 60	as nitrogen; non-seasonal; reachwide
Total kjeldahl nitrogen* (ug/l)	202	172 to 237	100 and 530	May-Sept; reachwide
Nitrite + nitrate nitrogen* (ug/l)	293	256 to 336	123 and 492	May-Sept; reachwide
Hardness (mg/l as CaCo3)	21	19.9 to 22.2	17.0 and 27.0	non-seasonal; reachwide
Biocriteria: Shannon-Wiener	3.6	3.4 to 3.8	2.7 and 4.3	May-Sept; reachwide
Biocriteria: Equitability	0.8	0.7 to 0.9	0.5 and 1.1	May-Sept; reachwide
Biocriteria: EPT	15.5	13.8 to 17.2	8.0 and 24.0	May-Sept; reachwide

*Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

¹The numeric values for existing water quality set forth in parts A, B and C of table 1 were developed through field measurements and laboratory analysis of data collected over a time period determined by the Commission to adequately reflect the natural range of the hydraulic and climatologic factors that affect water quality. Existing water quality is defined in terms of (a) an annual or seasonal mean of the available water quality data, (b) two-tailed upper and lower 95 percent confidence limits around the mean, and (c) the 10th and 90th percentiles of the data set from which the mean was calculated.

PART B: DELAWARE RIVER FROM MILLRIFT THROUGH THE DELAWARE WATER GAP INCLUDING THE MIDDLE DELAWARE SCENIC AND RECREATIONAL RIVER2
PARAMETER	MEAN	95 PERCENT CONFIDENCE LIMITS OF MEAN	10TH AND 90TH PERCENTILES	ADDITIONAL
Dissolved oxygen* (mg/l)	9.2	9.1 to 9.4	7.5 and 12.8	Never below 6.0 mg/l (night time); non-seasonal; reachwide
BOD5* (mg/l)	0.63	0.6 to 0.7	0.3 and 1.6	May-Sept; reachwide
Conductivity (umhos/cm)	76	75 to 77	60 and 95	non-seasonal; reachwide
Fecal coliform* (colonies/100 ml)	47	42 to 53	9 and 272	May-Sept; reachwide
Total suspended solids* (mg/l)	3.4	3.0 to 3.8	1.0 and 12.0	non-seasonal; reachwide
Total phosphorus* (ug/l)	27	25 to 29	14 and 40	May-Sept; reachwide
Ammonia + ammonium* (ug/l)	23	21 to 26	10 and 50	May-Sept; reachwide
Ammonia + ammonium* (ug/l)	41	37 to 44	10 and 187	non-seasonal; reachwide
Total kjeldahl nitrogen* (ug/l)	293	276 to 312	101 and 860	non-seasonal; reachwide
Total kjeldahl nitrogen* (ug/l)	206	189 to 225	100 and 490	May-Sept; reachwide
Nitrite + nitrate nitrogen* (ug/l)	246	233 to 260	100 and 490	non-seasonal; reachwide
Nitrite + nitrate nitrogen* (ug/l)	206	191 to 223	92 and 392	May-Sept; reachwide
Hardness (mg/l as CaCo3)	24	24 to 25	20 and 30	non-seasonal; reachwide
Biocriteria: Shannon-Wiener	3.6	3.4 to 3.7	3.2 and 4.1	May-Sept; reachwide
Biocriteria: Equitability	0.8	07 to 0.9	0.5 and 1.1	May-Sept; reachwide
Biocriteria: EPT	13.9	12.8 to 15.1	8.0 and 20.0	May-Sept: reachwide

*Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

²The definitions of Existing Water Quality presented in Parts A and B of this table were developed by performing parametric statistical analyses using logarithmic transformation of available water quality data to derive normality. The numbers represent the anti-log of the statistical results and, thus, will differ from numbers generated by using non-transformed data. Means derived from log transformations, for example, will be lower than means derived from non-transformed data. The three indices used to develop the biocriteria were derived from specialized transformations of the original data, resulting in values that are normally distributed.

PART C: BOUNDARY AND INTERSTATE CONTROL POINTS FOR THE DELAWARE RIVER BETWEEN HANCOCK, NY AND THE DELAWARE WATER GAP
BOUNDARY	CONTROL POINTS	MAP REFERENCE
Northern Boundary-UDSRR	Delaware River Mile 330.7	DRBC River Mile maps & UDSRR River Management Plan
Eastern Boundary-UDSRR	New York streams in Delaware & Sullivan Counties: Blue Mill; Humphries; Abe Lord; Bouchoux; Pea; Hoolihan; Basket; Hankins; Callicoon; Mitchell Pond; Tenmile; Grassy Swamp; Narrow Falls; York Lake; Beaver Brook; Halfway; Mill; Fish Cabin; Mongaup; Shingle Kill	UDSRR River Management Plan
Western Boundary-UDSRR	Pennsylvania streams in Wayne & Pike Counties: Shingle Hollow; Stockport; Factory; Equinunk; Weston; Little Equinunk; Cooley; Hollister; Schoolhouse; Beaverdam; Calkins; Peggy Run; Masthope; Westcolang; Lackawaxen; Verga Pond; Panther; Shohola; Twin Lakes; Pond Eddy; Bush Kill	UDSRR River Management Plan
Northern Boundary-Eight mile reach between UDSRR and MDSRR	Delaware River Mile 258.4 (railroad crossing at Millrift, Pennsylvania)	DRBC River Mile maps; UDSRR River Management Plan
Eastern & Western Boundaries-Eight mile reach between UDSRR & MDSRR	Confluence of New York streams (Orange County); Pennsylvania streams (Pike County); and New Jersey streams (Sussex County) with the Delaware River: Sparrowbush; Neversink; Cummins	U.S.G.S. Port Jervis South & North topographic maps
Northern Boundary-DWGNRA	Delaware River Mile 250.1 near the confluence of Cummins Creek	DRBC River Mile map & DWGNRA Tract Map
Eastern Boundary-DWGNRA	New Jersey streams in Sussex County: Shimers; White; Big Flatbrook; Little Flatbrook	DWGNRA Tract Maps
Western Boundary-DWGNRA	Pennsylvania streams in Pike & Monroe Counties: Crawford Branch; Vandermark; Sawkill; Raymondskill; Conashugh; Dry; Adams, Dingmans; Hornbeck; Deckers; Alicias; Brodhead-Hellers; Hellers; Toms; Denmark; Little Bushkill; Bushkill; Shawnee; Brodhead; Cherry; Caledonia; Slateford	DWGNRA Tract Maps
INTERSTATE	CONTROL POINTS (General Locations)	RIVER MILE
Upper Delaware Scenic & Recreational River	Buckingham Access Area	325
Lordville Bridge	322
Kellams Bridge	313
Callicoon Access Areas	303
Damacus/Cochecton	298
Skinners Falls	295
Narrowsburg area	290
Ten Mile River Access Area	284
Lackawaxen Access Area	277
Barryville/Shohola Bridge	273
Pond Eddy Bridge	266
Delaware River between the UDSRR & the DWGNRA	Millrift	258
Matamoras/Port Jervis	254
Northern boundary-DWGNRA	250
Delaware Water Gap National Recreation Area	Milford Beach	247
Dingmans Access Area	239
Eshback Access Area	232
Bushkill Access Area	228
Depew Access Area	221
Smithfield Beach	218
Worthington S.F. Access	215
Kittatinny Visitor Center	211
Upstream end of Arrow Island	210

(e) Major surface water impoundments referenced in subparagraph (v)(a)(iii) of this paragraph are the following:

(1) Cannonsville Reservoir (New York State);

(2) Pepacton Reservoir (New York State);

(3) Neversink Reservoir (New York State);

(4) Lake Wallenpaupack (Pennsylvania); and

(5) Mongaup system (New York State).

TABLE 2A. INDEX to Lower Delaware River CONTROL POINTS, by River Mile Location.

EWQ Table	Tributary or Delaware River Site	Latitude	Longitude	River Mile	Control Point (ICP = Interstate CPBCP = Boundary CP)	Drainage Area (square miles)
Table 2C	Portland ICP	40.784722	-75.184722	207.50	Portland ICP	4,165
Jacoby Creek (PA)	207.48	Belvidere ICP	6.45
Table 2D	Paulins Kill (NJ)	40.920833	-75.088333	207.16-0.07	Paulins Kill BCP	177.0
Delawanna Creek (NJ)	205.20	Belvidere ICP	4.49
Allegheny Creek (PA)	199.76	Belvidere ICP	9.06
Table 2E	Belvidere ICP	40.828889	-75.085000	197.84	Belvidere ICP	4,378
Table F	Pequest River (NJ)	40.834167	-75.061111	197.80-1.48	Pequest River BCP	157.0
Pophandusing Brook (NJ)	197.66	Easton ICP	5.62
Oughoughton Creek (PA)	194.32	Easton ICP	11.9
Buckhorn Creek (NJ)	192.90	Easton ICP	11.8
Table 2G	Martins Creek (PA)	40.784722	-75.184722	190.65-0.96	Martins Creek BCP	44.5
Mud Run (PA)	189.10	Easton BCP	6.00
Table 2H	Bushkill Creek (PA)	40.695278	-75.206111	184.10-0.05	Bushkill Creek BCP	80.0
Table 2I	Easton ICP	40.691111	-75.204167	183.82	Easton ICP	4,717
Table 2J	Lehigh River (PA)	40.691111	-75.204722	183.66-0.27	Lehigh River BCP	1,368
Lopatcong Creek (NJ)	182.00	Riegelsville ICP	14.7
Table 2K	Pohatcong Creek (NJ)	40.624722	-75.186111	177.36-0.35	Pohatcong Creek BCP	57.1
Fry's Run (PA)	176.60	Riegelsville ICP	6.14
Table 2L	Riegelsville ICP	40.593889	-75.191111	174.80	Riegelsville ICP	6,172
Table 2M	Musconetcong River (NJ)	40.592500	-75.186667	174.60-0.15	Musconetcong BCP	156.0
Table 2N	Cooks Creek (PA)	40.586667	-75.211944	173.70-1.06	Cooks Creek BCP	29.5
Gallows Run (PA)	171.80	Milford ICP	8.72
Table 2O	Milford ICP	40.566389	-75.098889	167.70	Milford ICP	6,381
Hakihokake Creek (NJ)	167.20	Bulls Island ICP	17.5
Harihokake Creek (NJ)	165.70	Bulls Island ICP	9.85
Table 2P	Nishisakawick Creek (NJ)	40.526389	-75.060278	164.10-0.35	Nishisakawick BCP	11.1
Little Nishisakawick Creek (NJ)	164.00	Bulls Island ICP	3.51
Cooper Creek (NJ)	162.90	Bulls Island ICP	3.27
Table 2Q	Tinicum Creek (PA)	40.485278	-75.072500	161.60-0.24	Tinicum Creek BCP	24.0
Warford Creek (NJ)	160.50	Bulls Island ICP	1.43
Smithtown Creek (PA)	159.90	Bulls Island ICP	1.38
Warsaw Creek (NJ)	159.50	Bulls Island ICP	1.60
Table 2R	Tohickon Creek (PA)	40.423056	-75.066667	157.00-0.19	Tohickon Creek BCP	112.0
Hickory Creek (PA)	156.98	Bulls Island ICP	1.50
Table 2S	Paunacussing Creek (PA)	40.407500	-75.041667	155.90-0.12	Paunacussing BCP	7.87
Table 2T	Bulls Island ICP	40.407500	-75.037778	155.40	Bulls Island ICP	6,598
Cuttalossa Creek (PA)	154.50	Lambertville ICP	3.00
Table 2U	Lockatong Creek (NJ)	40.415833	-75.018056	154.00-0.75	Lockatong Creek BCP	23.2
Table 2V	Wickecheoke Creek (NJ)	40.411667	-74.986944	152.51-0.21	Wickecheoke BCP	26.6
Primrose Creek (PA)	150.50	Lambertville ICP	3.00
Alexauken Creek (NJ)	149.50	Lambertville ICP	15.0
Rabbit Run (PA)	149.45	Lambertville ICP	0.42
Table 2W	Lambertville ICP	40.365833	-74.949167	148.70	Lambertville ICP	6,680
Swan Creek (NJ)	148.60	Wash. Crossing ICP	3.28
Aquetong Creek (PA)	148.50	Wash. Crossing ICP	8.01
Dark Hollow Run (PA)	148.20	Wash. Crossing ICP	0.71
Table 2X	Pidcock Creek (PA)	40.32907	-74.94566	146.30-0.90	Pidcock Creek BCP	12.7
Moore Creek (NJ)	145.20	Wash. Crossing ICP	10.2
Jericho Creek (PA)	144.20	Wash. Crossing ICP	9.63
Fiddlers Creek (NJ)	143.20	Wash. Crossing ICP	2.02
Table 2Y	Washington Crossing ICP	40.295278	-74.868889	141.80	Wash. Crossing ICP	6,735
Houghs Creek (PA)	140.60	Trenton ICP	5.19
Jacobs Creek (NJ)	140.46	Trenton ICP	13.3
Dyers Creek (PA)	139.80	Trenton ICP	1.20
Reeds Run (NJ)	138.50	Trenton ICP	1.50
Buck Creek (PA)	138.00	Trenton ICP	6.99
Gold Run (NJ)	137.25	Trenton ICP	1.66
Table 2Z	Trenton ICP	40.219722	-74.778333	134.34	Trenton ICP	6,780

TABLE 2B. Alphabetical INDEX to Lower Delaware River CONTROL POINTS.

EWQ Table	Tributary or Delaware River Site	Latitude	Longitude	River Mile	Control Point (ICP = Interstate CPBCP = Boundary CP)	Drainage Area (square miles)
Alexauken Creek (NJ)	149.50	Lambertville ICP	15.0
Allegheny Creek (PA)	199.76	Belvidere ICP	9.06
Aquetong Creek (PA)	148.50	Wash. Crossing ICP	8.01
Table 2E	Belvidere ICP	40.828889	-75.085000	197.84	Belvidere ICP	4,378
Buck Creek (PA)	138.00	Trenton ICP	6.99
Buckhorn Creek (NJ)	192.90	Easton ICP	11.8
Table 2T	Bulls Island ICP	40.407500	-75.037778	155.40	Bulls Island ICP	6,598
Table 2H	Bushkill Creek (PA)	40.695278	-75.206111	184.10-0.05	Bushkill Creek BCP	80.0
Table 2N	Cooks Creek (PA)	40.586667	-75.211944	173.70-1.06	Cooks Creek BCP	29.5
Cooper Creek (NJ)	162.90	Bulls Island ICP	3.27
Cuttalossa Creek (PA)	154.50	Lambertville ICP	3.00
Dark Hollow Run (PA)	148.20	Wash. Crossing ICP	0.71
Delawanna Creek (NJ)	205.20	Belvidere ICP	4.49
Dyers Creek (PA)	139.80	Trenton ICP	1.20
Table 2I	Easton ICP	40.691111	-75.204167	183.82	Easton ICP	4,717
Fiddlers Creek (NJ)	143.20	Wash. Crossing ICP	2.02
Fry's Run (PA)	176.60	Riegelsville ICP	6.14
Gallows Run (PA)	171.80	Milford ICP	8.72
Gold Run (NJ)	137.25	Trenton ICP	1.66
Hakihokake Creek (NJ)	167.20	Bulls Island ICP	17.5
Harihokake Creek (NJ)	165.70	Bulls Island ICP	9.85
Hickory Creek (PA)	156.98	Bulls Island ICP	1.50
Houghs Creek (PA)	140.60	Trenton ICP	5.19
Jacobs Creek (NJ)	140.46	Trenton ICP	13.3
Jacoby Creek (PA)	207.48	Belvidere ICP	6.45
Jericho Creek (PA)	144.20	Wash. Crossing ICP	9.63
Table 2W	Lambertville ICP	40.365833	-74.949167	148.70	Lambertville ICP	6,680
Table 2J	Lehigh River (PA)	40.691111	-75.204722	183.66-0.27	Lehigh River BCP	1,368
Little Nishisakawick Creek (NJ)	164.00	Bulls Island ICP	3.51
Table 2U	Lockatong Creek (NJ)	40.415833	-75.018056	154.00-0.75	Lockatong Creek BCP	23.2
Lopatcong Creek (NJ)	182.00	Riegelsville ICP	14.7
Table 2G	Martins Creek (PA)	40.784722	-75.184722	190.65-0.96	Martins Creek BCP	44.5
Table 2O	Milford ICP	40.566389	-75.09889	167.70	Milford ICP	6,381
Moore Creek (NJ)	145.20	Wash. Crossing ICP	10.2
Mud Run (PA)	189.10	Easton BCP	6.00
Table 2M	Musconetcong River (NJ)	40.592500	-75.186667	174.60-0.15	Musconetcong BCP	156.0
Table 2P	Nishisakawick Creek (NJ)	40.526389	-75.060278	164.10-0.35	Nishisakawick BCP	11.1
Oughoughton Creek (PA)	194.32	Easton ICP	11.9
Table 2D	Paulins Kill (NJ)	40.920833	-75.088333	207.16-0.07	Paulins Kill BCP	177.0
Table 2S	Paunacussing Creek (PA)	40.407500	-75.041667	155.90-0.12	Paunacussing BCP	7.87
Table 2F	Pequest River (NJ)	40.834167	-75.061111	197.80-1.48	Pequest River BCP	157.0
Table 2X	Pidcock Creek (PA)	40.32907	-74.94566	146.30-0.90	Pidcock Creek BCP	12.7
Table 2K	Pohatcong Creek (NJ)	40.624722	-75.186111	177.36-0.35	Pohatcong Creek BCP	57.1
Pophandusing Brook (NJ)	197.66	Easton ICP	5.62
Table 2C	Portland ICP	40.784722	-75.184722	207.50	Portland ICP	4,165
Primrose Creek (PA)	150.50	Lambertville ICP	3.00
Rabbit Run (PA)	149.45	Lambertville ICP	0.42
Reeds Run (NJ)	138.50	Trenton ICP	1.50
Table 2L	Riegelsville ICP	40.593889	-75.191111	174.80	Riegelsville ICP	6,172
Smithtown Creek (PA)	159.90	Bulls Island ICP	1.38
Swan Creek (NJ)	148.60	Wash. Crossing ICP	3.28
Table 2Q	Tinicum Creek (PA)	40.485278	-75.072500	161.60-0.24	Tinicum Creek BCP	24.0
Table 2R	Tohickon Creek (PA)	40.423056	-75.066667	157.00-0.19	Tohickon Creek BCP	112.0
Table 2Z	Trenton ICP	40.219722	-74.778333	134.34	Trenton ICP	6,780
Warford Creek (NJ)	160.50	Bulls Island ICP	1.43
Warsaw Creek (NJ)	159.50	Bulls Island ICP	1.60
Table 2Y	Washington Crossing ICP	40.295278	-74.868889	141.80	Wash. Crossing ICP	6,735
Table 2V	Wickecheoke Creek (NJ)	40.411667	-74.986944	152.51-0.21	Wickecheoke BCP	26.6

Table 2C. Definition of Existing Water Quality: Portland ICP
Delaware River at Portland-Columbia Pedestrian Bridge, Pennsylvania/ New Jersey, River Mile 207.50
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<0.05	<0.05	<0.05
Chloride (mg/l)	12	11	13	Y = -0.00019515 Q + 13.325
Chlorophyll a (mg/m3)	2.13	1.30	2.70
Dissolved Oxygen (mg/l) mid-day*	8.70	8.38	9.06
Dissolved Oxygen Saturation (%)	97%	95%	99%
E. coli (colonies/100 ml)	16	8	25	Y = antilog (0.00007074 Q + 0.6659)
Enterococcus (colonies/100 ml)	20	12	60
Fecal coliform (colonies/100 ml)*	20	12	36	Y = antilog (0.00006854 Q + 0.955)
Nitrate NO3-N (mg/l)*	0.68	0.48	0.74
Orthophosphate (mg/l)	0.01	0.005	0.01
pH	7.40	7.29	7.58
Specific Conductance (umhos/cm)	97	88	104	Y = -0.00151181 Q+ 106.6
Total Dissolved Solids (mg/l)	83	74	91
Total Kjeldahl Nitrogen (mg/l)	0.29	0.19	0.40
Total Nitrogen (mg/l)*	0.86	0.74	1.05
Total Phosphorus (mg/l)*	0.04	0.03	0.05
Total Suspended Solids (mg/l)*	3.0	2.0	4.0	Y = 0.00122363 Q- 2.8618
Turbidity (NTU)	1.6	1.1	2.8	Y = antilog (0.00005157 Q- 0.1356)
Alkalinity (mg/l)	20	16	22	Y= -0.00046984 Q + 23.547
Hardness (mg/l)	30	28	31

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ value does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2D. Definition of Existing Water Quality: Paulins Kill BCP
Paulins Kill, New Jersey, River Mile 207.16 - 0.07 Boundary Control Point is located at Route 46 bridge.
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	0.06	0.04	0.08
Chloride (mg/l)	41.9	36	48	Y = -17.4858 (log Q) + 79.5946
Chlorophyll a (mg/m3)	3.3	2.7	5.3
Dissolved Oxygen (mg/l) mid-day *	7.95	7.31	8.39
Dissolved Oxygen Saturation (%)	88%	83%	91%
E. coli (colonies/100 ml)	75	40	140	Y = antilog (0.7993 (log Q) + 0.157)
Enterococcus (colonies/100 ml)	120 **	84 **	180 **
Fecal coliform (colonies/100 ml) *	110	84	190	Y = antilog (0.967 (log Q) - 0.0255)
Nitrate NO3-N (mg/l) *	0.75	0.70	0.86
Orthophosphate (mg/l)	0.02	0.01	0.02
pH	7.79	7.70	7.87
Specific Conductance (umhos/cm)	416	380	453	Y = -141.2449 (log Q) + 715.5098
Total Dissolved Solids (mg/l)	280	250	300	Y = -75.186 (log Q) + 426.1389
Total Kjeldahl Nitrogen (mg/l)	0.39	0.29	0.53
Total Nitrogen (mg/l) *	1.13	0.99	1.28
Total Phosphorus (mg/l) *	0.05	0.05	0.06
Total Suspended Solids (mg/l) *	7.0	5.0	8.0
Turbidity (NTU)	4.0	3.0	4.8	Y = antilog (0.4057 (log Q) - 0.269)
Alkalinity (mg/l)	125	110	140	Y = -49.5 (log Q) + 229.2
Hardness (mg/l)	158	140	176	Y = -56.8657 (log Q) + 280.7477

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ value does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2E. Definition of Existing Water Quality: Belvidere ICP
Delaware River at Belvidere-Riverton Bridge, NJ/PA, River Mile 197.84
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<0.05	<0.05	<0.05
Chloride (mg/l)	14	12	15	Y = -0.00020113 Q + 14.872
Chlorophyll a (mg/m3)	1.9	1.3	2.7
Dissolved Oxygen (mg/l) mid-day *	8.52	8.00	8.95
Dissolved Oxygen Saturation (%)	94%	92%	96%
E. coli (colonies/100 ml)	20	5	30	Y = antilog (0.00005716 Q + 0.8244)
Enterococcus (colonies/100 ml)	50	35	68
Fecal coliform (colonies/100 ml) *	30	20	50	Y = antilog (0.00006282 Q + 1.0055)
Nitrate NO3-N (mg/l) *	0.53	0.47	0.71
Orthophosphate (mg/l)	0.01	0.01	0.02
pH	7.49	7.25	7.60
Specific Conductance (umhos/cm)	111.5	105.0	125.0	Y = -0.00185194 Q + 125.8
Total Dissolved Solids (mg/l)	98	86	100
Total Kjeldahl Nitrogen (mg/l)	0.33	0.24	0.40
Total Nitrogen (mg/l) *	0.89	0.82	1.11
Total Phosphorus (mg/l) *	0.04	0.04	0.05
Total Suspended Solids (mg/l) *	3.0	2.0	4.0	Y = 0.00120841 Q - 3.003
Turbidity (NTU)	1.7	1.2	2.5	Y = antilog (0.00003844 Q + 0.0483)
Alkalinity (mg/l)	26	24	28	Y = -0.00046346 Q + 29.199
Hardness (mg/l)	35	33	36

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2F. Definition of Existing Water Quality: Pequest River BCP
Pequest River, New Jersey, River Mile 197.80 - 1.48 Boundary Control Point is located at Orchard Street Bridge, Belvidere
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<0.05	<0.05	0.05
Chloride (mg/l)	35.9	34.0	38.0	Y = -12.7769 (log Q) + 62.875
Chlorophyll a (mg/m3)	2.14	2.00	2.70
Dissolved Oxygen (mg/l) mid-day *	9.89	9.37	10.37
Dissolved Oxygen Saturation (%)	103%	99%	107%
E. coli (colonies/100 ml)	130	110	160
Enterococcus (colonies/100 ml)	250 **	140 **	460 **
Fecal coliform (colonies/100 ml) *	180	150	230 **
Nitrate NO3-N (mg/l) *	1.29	1.13	1.45
Orthophosphate (mg/l)	0.05	0.05	0.07
pH	8.20	8.10	8.30
Specific Conductance (umhos/cm)	491	472	511	Y = -0.18929204 Q + 517.8326
Total Dissolved Solids (mg/l)	330	310	340	Y = -75.8279 (log Q) + 479.4783
Total Kjeldahl Nitrogen (mg/l)	0.47	0.32	0.55
Total Nitrogen (mg/l) *	1.69	1.54	2.00
Total Phosphorus (mg/l) *	0.10	0.08	0.11 **
Total Suspended Solids (mg/l) *	6.5	4.0	11.0
Turbidity (NTU)	3.4	2.1	5.8	Y = antilog (1.0964 (log Q) - 1.87)
Alkalinity (mg/l)	189	180	200	Y = -64.33 (log Q) + 319.85
Hardness (mg/l)	228	220	230	Y = -50.0952 (log Q) + 329.8323

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2G. Definition of Existing Water Quality: Martins Creek BCP
Martins Creek, Pennsylvania, River Mile 190.65 - 0.96 Boundary Control Point is located at Little Creek Road bridge in Martins Creek Village.
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<0.05	0.02 ***	0.05
Chloride (mg/l)	21	19	24.3	Y = -11.0817 (log Q) + 39.9172
Chlorophyll a (mg/m3)	1.80	0.50	2.70
Dissolved Oxygen (mg/l) mid-day *	9.55	9.23	9.62
Dissolved Oxygen Saturation (%)	98%	96%	99%
E. coli (colonies/100 ml)	150	48	350
Enterococcus (colonies/100 ml)	380	260	620
Fecal coliform (colonies/100 ml) *	355 **	190	640 **
Nitrate NO3-N (mg/l) *	2.38	2.04	2.80
Orthophosphate (mg/l)	0.11	0.07	0.13
pH	7.73	7.6	7.78
Specific Conductance (umhos/cm)	322	283	338	Y = -114.3186 (log Q) + 506.634
Total Dissolved Solids (mg/l)	229	210	250	Y = -89.8812 (log Q) + 373.2748
Total Kjeldahl Nitrogen (mg/l)	0.34	0.28	0.50
Total Nitrogen (mg/l) *	2.95	2.65	3.32
Total Phosphorus (mg/l) *	0.13	0.10	0.20
Total Suspended Solids (mg/l) *	4.0	2.0	5.0
Turbidity (NTU)	2.4	1.6	4.0	Y = antilog (0.642 (log Q) - 0.684)
Alkalinity (mg/l)	50	43	52	Y = -19.48 (log Q) + 81.48
Hardness (mg/l)	120	112	130	Y = -46.9931 (log Q) + 201.407

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

*** Based on laboratory 'J' values reported below the 0.05 lower reporting limit.

Table 2H. Definition of Existing Water Quality: Bushkill Creek BCP
Bushkill Creek, Northampton County, Pennsylvania, River Mile 184.10 - 0.05 Boundary Control Point is located at Route 611 bridge, Easton.
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	0.10	0.07	0.13
Chloride (mg/l)	27	25	28.4	Y = -13.4942 (log Q) + 54.7837
Chlorophyll a (mg/m3)	n/a	n/a	n/a
Dissolved Oxygen (mg/l) mid-day *	10.10	9.69	10.30
Dissolved Oxygen Saturation (%)	102%	100%	104%
E. coli (colonies/100 ml)	330	220	620
Enterococcus (colonies/100 ml)	350	280	540
Fecal coliform (colonies/100 ml) *	540 **	370 **	880 **
Nitrate NO3-N (mg/l) *	3.90	3.63	4.26
Orthophosphate (mg/l)	0.02	0.02	0.03
pH	8.00	7.99	8.08
Specific Conductance (umhos/cm)	578	542	615	Y = -1.32108663 Q + 751.3559
Total Dissolved Solids (mg/l)	410	360	440	Y = -394.9208 (log Q) + 1231.0249
Total Kjeldahl Nitrogen (mg/l)	0.40	0.29	0.50
Total Nitrogen (mg/l) *	4.41	4.11	4.73
Total Phosphorus (mg/l) *	0.05	0.04	0.06
Total Suspended Solids (mg/l) *	5.0	3.0	8.0
Turbidity (NTU)	3.0	2.5	5.1
Alkalinity (mg/l)	140	130	155	Y = -152.34 (log Q) + 459
Hardness (mg/l)	218	210	225	Y = -159.4372 (log Q) + 549.8009

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2I. Definition of Existing Water Quality: Easton ICP
Delaware River at Northampton Street Bridge, Easton-Phillipsburg, PA/NJ, River Mile 183.82
Definition of Existing Water Quality
Parameter	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<.05	<.05	<0.05
Chloride (mg/l)	16	14	17	Y = -0.00022184 Q + 16.751
Chlorophyll a (mg/m3)	1.45	1.07	2.14
Dissolved Oxygen (mg/l) mid-day *	8.10	7.90	8.58
Dissolved Oxygen Saturation (%)	95%	92%	96%
E. coli (colonies/100 ml)	31	24	64	Y = antilog (0.00004425 Q + 1.273)
Enterococcus (colonies/100 ml)	145	80	250
Fecal coliform (colonies/100 ml) *	100	64	130
Nitrate NO3-N (mg/l) *	0.85	.70	0.90
Orthophosphate (mg/l)	0.02	0.01	0.02
pH	7.55	7.41	7.70
Specific Conductance (umhos/cm)	142	127	155	Y = -0.0024666 Q + 158.76
Total Dissolved Solids (mg/l)	110	103	120
Total Kjeldahl Nitrogen (mg/l)	0.35	0.26	0.46
Total Nitrogen (mg/l) *	1.19	1.01	1.35
Total Phosphorus (mg/l) *	0.05	0.04	0.06
Total Suspended Solids (mg/l) *	4.0	3.0	5.0	Y = 0.00177536 Q - 4.8027
Turbidity (NTU)	2.6	1.8	4.0	Y = antilog (0.00003836 Q + 0.1845)
Alkalinity (mg/l)	34	30	39	Y = -0.00073929 Q + 39.867
Hardness (mg/l)	48	45	52

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2J. Definition of Existing Water Quality: Lehigh River BCP
Lehigh River, Pennsylvania, River Mile 183.66 - 0.27 Boundary Control Point is located at Route 611 bridge, Easton.
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	0.08	0.06	0.09
Chloride (mg/l)	21	19	24	Y = -16.5077 (log Q) + 76.7534
Chlorophyll a (mg/m3)	2.70	1.80	3.60
Dissolved Oxygen (mg/l) mid-day *	8.85	8.39	9.20
Dissolved Oxygen Saturation (%)	97%	94%	98%
E. coli (colonies/100 ml)	49	36	120	Y = antilog (1.5045 (log Q) - 3.0132)
Enterococcus (colonies/100 ml)	110	56	210
Fecal coliform (colonies/100 ml) *	120	70	200	Y = antilog (1.4387 (log Q) - 2.5712)
Nitrate NO3-N (mg/l) *	1.80	1.70	2.00
Orthophosphate (mg/l)	0.11	0.09	0.15
pH	7.61	7.50	7.70
Specific Conductance (umhos/cm)	264	218	292	Y = - 186.4602 (log Q) + 870.6296
Total Dissolved Solids (mg/l)	180	158	195	Y = -93.4568 (log Q) + 482.4929
Total Kjeldahl Nitrogen (mg/l)	0.50	0.41	0.58
Total Nitrogen (mg/l) *	2.43	2.13	2.74
Total Phosphorus (mg/l) *	0.17	0.15	0.24
Total Suspended Solids (mg/l) *	4.0	3.0	6.0
Turbidity (NTU)	3.1	2.2	6.0	Y = antilog (0.901 (log Q) - 2.335)
Alkalinity (mg/l)	55	49	69	Y = -51.44 (log Q) + 227.86
Hardness (mg/l)	94	77	105	Y = -58.1224 (log Q) + 285.2788

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2K. Definition of Existing Water Quality: Pohatcong Creek BCP
Pohatcong Creek, New Jersey, River Mile 177.36 - 0.35 Boundary Control Point is located at River Road bridge.
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<.05	<.05	<0.05
Chloride (mg/l)	20	19	21
Chlorophyll a (mg/m3)	n/a	n/a	n/a
Dissolved Oxygen (mg/l) mid-day *	9.50	9.20	9.90
Dissolved Oxygen Saturation (%)	97%	96%	100%
E. coli (colonies/100 ml)	305	190	550	Y = antilog (1.0503 (log Q) + 0.976)
Enterococcus (colonies/100 ml)	610 **	380 **	820 **
Fecal coliform (colonies/100 ml) *	580 **	420 **	810 **
Nitrate NO3-N (mg/l) *	2.61	2.30	2.88
Orthophosphate (mg/l)	0.05	0.05	0.07
pH	7.90	7.88	7.95
Specific Conductance (umhos/cm)	340	316	352	Y = -0.84542072 Q + 365.5539
Total Dissolved Solids (mg/l)	220	211	260	Y = -99.9173 (log Q) + 381.5349
Total Kjeldahl Nitrogen (mg/l)	0.33	0.19	0.36
Total Nitrogen (mg/l) *	3.14	2.87	3.26
Total Phosphorus (mg/l) *	0.10	0.08	0.11 **
Total Suspended Solids (mg/l) *	6.5	5.0	8.0
Turbidity (NTU)	4.6	2.1	5.1	Y = antilog (0.867 (log Q) - 0.69)
Alkalinity (mg/l)	116	104	120	Y = -81.8 (log Q) + 238.83
Hardness (mg/l)	140	135	160	Y = -76.5277 (log Q) + 261.5315

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2L. Definition of Existing Water Quality: Riegelsville ICP
Delaware River at Riegelsville Bridge, PA/NJ, River Mile 174.80
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<.05	<.05	0.05
Chloride (mg/l)	17	15	19	Y = -0.00026948 Q + 19.644
Chlorophyll a (mg/m3)	2.42	1.80	3.60
Dissolved Oxygen (mg/l) mid-day *	8.80	8.20	9.05
Dissolved Oxygen Saturation (%)	97%	95%	98%
E. coli (colonies/100 ml)	40	20	80	Y = antilog (0.0000513 Q + 0.9973)
Enterococcus (colonies/100 ml)	80	52	110
Fecal coliform (colonies/100 ml) *	84	54	160	Y = antilog (0.00003636 Q + 1.5438)
Nitrate NO3-N (mg/l) *	1.17	1.02	1.23
Orthophosphate (mg/l)	0.04	0.04	0.07
pH	7.60	7.48	7.80
Specific Conductance (umhos/cm)	183	155	197	Y = -0.00298102 Q + 207.26
Total Dissolved Solids (mg/l)	140	130	150	Y = -0.00168753 Q + 152.78
Total Kjeldahl Nitrogen (mg/l)	0.31	0.22	0.46
Total Nitrogen (mg/l) *	1.44	1.31	1.62
Total Phosphorus (mg/l) *	0.09	0.07	0.12
Total Suspended Solids (mg/l) *	4.5	3.5	6.5	Y = 0.00061523 Q + 0.2725
Turbidity (NTU)	2.7	2.1	3.5	Y = antilog (0.00002645 Q + 0.2252)
Alkalinity (mg/l)	42	36	48	Y = -0.0008322 Q + 50.44
Hardness (mg/l)	65	54	70	Y = -0.00121951 Q + 73.708

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2M. Definition of Existing Water Quality: Musconetcong River
Musconetcong River, New Jersey, River Mile 174.60 - 0.15 Boundary Control Point is located at River Road (Rt. 627) bridge
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	0.06	0.05	0.08
Chloride (mg/l)	43	42	45
Chlorophyll a (mg/m3)	3.20	2.56	3.71
Dissolved Oxygen (mg/l) mid-day *	9.10	8.90	9.60
Dissolved Oxygen Saturation (%)	99%	97%	100%
E. coli (colonies/100 ml)	125	70	240
Enterococcus (colonies/100 ml)	210 **	150 **	360 **
Fecal coliform (colonies/100 ml) *	270 **	190	400 **
Nitrate NO3-N (mg/l) *	2.09	1.85	2.30
Orthophosphate (mg/l)	0.02	0.02	0.03
pH	7.90	7.90	8.00
Specific Conductance (umhos/cm)	396	375	426	Y = -0.23045946 Q + 440.1906
Total Dissolved Solids (mg/l)	255	240	270	Y = -0.0954 Q + 272.5773
Total Kjeldahl Nitrogen (mg/l)	0.49	0.37	0.87
Total Nitrogen (mg/l) *	2.56	2.36	2.91
Total Phosphorus (mg/l) *	0.07	0.05	0.09
Total Suspended Solids (mg/l) *	7.0	5.5	11.0
Turbidity (NTU)	3.5	2.3	5.4	Y = antilog (0.86 (log Q) - 1.294)
Alkalinity (mg/l)	103	97	118	Y = -79.84 (log Q) + 298.41
Hardness (mg/l)	149	130	160	Y = -67.6003 (log Q) + 297.8314

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2N. Definition of Existing Water Quality: Cooks Creek BCP
Cooks Creek, Pennsylvania, River Mile 173.70 - 1.06 Boundary Control Point is located at Red Bridge Road bridge.
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<0.05	<0.05	<0.05
Chloride (mg/l)	9.7	8.9	10.9
Chlorophyll a (mg/m3)	n/a	n/a	n/a
Dissolved Oxygen (mg/l) mid-day *	9.93	9.70	10.30
Dissolved Oxygen Saturation (%)	102%	98%	108%
E. coli (colonies/100 ml)	110	80	200	Y= antilog (1.1307 (log Q) + 0.6483)
Enterococcus (colonies/100 ml)	380	250	520
Fecal coliform (colonies/100 ml) *	210 **	140	360 **
Nitrate NO3-N (mg/l) *	1.80	1.70	1.90
Orthophosphate (mg/l)	0.01	0.01	0.02
pH	8.04	7.94	8.19
Specific Conductance (umhos/cm)	258	244	278	Y = -0.94618228 Q + 290.6508
Total Dissolved Solids (mg/l)	180	161	194	Y = -0.07015 Q + 197.6165
Total Kjeldahl Nitrogen (mg/l)	0.21	0.13	0.34
Total Nitrogen (mg/l) *	2.01	1.95	2.32
Total Phosphorus (mg/l) *	0.04	0.03	0.06
Total Suspended Solids (mg/l) *	2.5	2.0	4.0
Turbidity (NTU)	1.5	1.1	2.3	Y = antilog (0.888 (log Q) - 0.981)
Alkalinity (mg/l)	98	89	104	Y = -50.25 (log Q) + 168.52
Hardness (mg/l)	120	110	125	Y = -40.8625 (log Q) + 175.8628

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2O. Definition of Existing Water Quality: Milford ICP
Delaware River at Milford-U. Black Eddy Bridge, NJ/PA, River Mile 167.70
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<0.05	<0.05	<0.05
Chloride (mg/l)	17	15	20	Y = -0.00027835 Q + 20.221
Chlorophyll a (mg/m3)	1.80	0.90	2.70
Dissolved Oxygen (mg/l) mid-day *	8.74	8.20	8.96
Dissolved Oxygen Saturation (%)	96%	95%	97%
E. coli (colonies/100 ml)	28	15	60	Y= antilog (0.00004814 Q + 0.905)
Enterococcus (colonies/100 ml)	45	28	98
Fecal coliform (colonies/100 ml) *	60	40	120	Y = antilog (0.00004177 Q + 1.2688)
Nitrate NO3-N (mg/l) *	1.09	0.96	1.25
Orthophosphate (mg/l)	0.04	0.04	0.07
pH	7.58	7.44	7.80
Specific Conductance (umhos/cm)	189	159	203	Y = -0.00313416 Q + 212.42
Total Dissolved Solids (mg/l)	149	130	160	Y = -0.00270722 Q + 173.806
Total Kjeldahl Nitrogen (mg/l)	0.34	0.26	0.46
Total Nitrogen (mg/l) *	1.48	1.23	1.68
Total Phosphorus (mg/l) *	0.09	0.07	0.12
Total Suspended Solids (mg/l) *	6.0	4.5	7.0	Y = 0.0006379 Q + 0.3729
Turbidity (NTU)	2.9	2.2	3.8	Y = antilog (0.00002963 Q + 0.1674)
Alkalinity (mg/l)	44	37	49	Y = -0.00087657 Q + 51.613
Hardness (mg/l)	67	55	73	Y = -0.0011369 Q +74.63

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2P. Definition of Existing Water Quality: Nishisakawick Creek BCP
Nishisakawick Creek, New Jersey, River Mile 164.10-0.35 Boundary Control Point is located at Route 12 bridge, Frenchtown.
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<0.05	<0.05	0.06
Chloride (mg/l)	15	14	16
Chlorophyll a (mg/m3)	n/a	n/a	n/a
Dissolved Oxygen (mg/l) mid-day *	9.65	9.11	10.10
Dissolved Oxygen Saturation (%)	101%	99%	105%
E. coli (colonies/100 ml)	48	20	96	Y= antilog (0.5217 (log Q) + 1.5665)
Enterococcus (colonies/100 ml)	240 **	170 **	790 **
Fecal coliform (colonies/100 ml) *	85	50	120
Nitrate NO3-N (mg/l) *	1.62	1.52	1.83
Orthophosphate (mg/l)	0.04	0.03	0.05
pH	7.89	7.56	8.00
Specific Conductance (umhos/cm)	181	176	190	Y = -24.8604 (log Q) + 189.4554
Total Dissolved Solids (mg/l)	130	120	144	Y = -0.9989 Q + 139.9081
Total Kjeldahl Nitrogen (mg/l)	0.35	0.21	0.59
Total Nitrogen (mg/l) *	2.09	1.70	2.39
Total Phosphorus (mg/l) *	0.06	0.05	0.07
Total Suspended Solids (mg/l) *	1.5	1.0	2.0
Turbidity (NTU)	1.3	0.9	2.0	Y = antilog (0.0315 Q - 0.1328)
Alkalinity (mg/l)	45	40	51	Y = -16.39 (log Q) + 55.14
Hardness (mg/l)	60	59	65	Y = -12.5184 (log Q) + 66.8341

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2Q. Definition of Existing Water Quality: Tinicum Creek BCP
Tinicum Creek, Pennsylvania, River Mile 161.60 - 0.24 Boundary Control Point is located on private property by Tinicum Creek Road, just below confluence of first unnamed tributary.
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<0.05	<0.05	<0.05
Chloride (mg/l)	14	12	16
Chlorophyll a (mg/m3)	n/a	n/a	n/a
Dissolved Oxygen (mg/l) mid-day *	9.80	8.90	10.10
Dissolved Oxygen Saturation (%)	104%	101%	107%
E. coli (colonies/100 ml)	80	55	180
Enterococcus (colonies/100 ml)	200	96	340
Fecal coliform (colonies/100 ml) *	155	124	280 **
Nitrate NO3-N (mg/l) *	0.79	0.64	1.00
Orthophosphate (mg/l)	0.01	0.01	0.02
pH	8.00	7.70	8.30
Specific Conductance (umhos/cm)	247	219	262	Y = -69.3482 (log Q) + 285.899
Total Dissolved Solids (mg/l)	180	170	190	Y = -39.2799 (log Q) + 204.5375
Total Kjeldahl Nitrogen (mg/l)	0.30	0.13	0.41
Total Nitrogen (mg/l) *	1.14	0.79	1.23
Total Phosphorus (mg/l) *	0.04	0.03	0.04
Total Suspended Solids (mg/l) *	2.0	1.0	3.0
Turbidity (NTU)	1.1	0.9	1.8	Y = antilog (0.4453 (log Q) - 0.226)
Alkalinity (mg/l)	61	52	72	Y = -19.56 (log Q) + 75.97
Hardness (mg/l)	91	75	101	Y = -29.6089 (log Q) + 113.3701

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2R. Definition of Existing Water Quality: Tohickon Creek BCP
Tohickon Creek, Pennsylvania, River Mile 157.00- 0.19 Boundary Control Point is located at the Delaware Canal Aqueduct crossing in Point Pleasant.
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<0.05	<0.05	<0.05
Chloride (mg/l)	27	25	29	Y = -4.6046 (log Q) + 34.3562
Chlorophyll a (mg/m3)	2.14	1.07	3.20
Dissolved Oxygen (mg/l) mid-day *	9.06	8.60	9.20
Dissolved Oxygen Saturation (%)	100%	98%	103%
E. coli (colonies/100 ml)	38	20	60	Y = antilog (0.8609 (log Q) + 0.2319)
Enterococcus (colonies/100 ml)	540	250	980
Fecal coliform (colonies/100 ml) *	90	60	170	Y = antilog (0.6939 (log Q) + 0.9399)
Nitrate NO3-N (mg/l) *	0.63	0.52	0.72
Orthophosphate (mg/l)	0.015	0.01	0.02
pH	8.00	7.80	8.20
Specific Conductance (umhos/cm)	218	212	226	Y = -27.1873 (log Q) + 261.345
Total Dissolved Solids (mg/l)	162	150	170	Y = -27.494 (log Q) + 204.9618
Total Kjeldahl Nitrogen (mg/l)	0.37	0.34	0.49
Total Nitrogen (mg/l) *	1.03	0.87	1.16
Total Phosphorus (mg/l) *	0.04	0.04	0.05
Total Suspended Solids (mg/l) *	2.0	1.0	2.5
Turbidity (NTU)	1.3	0.9	2.0	Y = antilog (0.5292 (log Q) - 0.6216)
Alkalinity (mg/l)	46	40	49	Y = -8.96 (log Q) + 60
Hardness (mg/l)	64	62	68	Y = -10.6687 (log Q) + 81.5734

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2S. Definition of Existing Water Quality: Paunacussing Creek BCP
Paunacussing Creek, Pennsylvania, River Mile 155.90 - 0.12 Boundary Control Point is located at Route 32 bridge, Lumberville.
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<0.05	<0.05	<0.05
Chloride (mg/l)	24	23	25
Chlorophyll a (mg/m3)	n/a	n/a	n/a
Dissolved Oxygen (mg/l) mid-day *	9.42	8.90	9.81
Dissolved Oxygen Saturation (%)	98%	96%	101%
E. coli (colonies/100 ml)	28	15	84	Y = antilog (0.742 (log Q) + 1.3102)
Enterococcus (colonies/100 ml)	320	160	520
Fecal coliform (colonies/100 ml) *	80	60	130	Y = antilog (0.5676 (log Q) + 1.7382)
Nitrate NO3-N (mg/l) *	2.58	2.15	2.75
Orthophosphate (mg/l)	0.05	0.04	0.05
pH	7.60	7.47	7.72
Specific Conductance (umhos/cm)	229	218	242	Y = -18.8373 (log Q) + 238.7433
Total Dissolved Solids (mg/l)	130	120	144	Y = -24.3907 (log Q) + 154.9198
Total Kjeldahl Nitrogen (mg/l)	0.30	0.17	0.36
Total Nitrogen (mg/l) *	2.96	2.83	3.15
Total Phosphorus (mg/l) *	0.07	0.06	0.08
Total Suspended Solids (mg/l) *	1.0	1.0	2.0
Turbidity (NTU)	.08	0.5	1.6
Alkalinity (mg/l)	47	42	55	Y = -13.64 (log Q) + 52.88
Hardness (mg/l)	80	75	85	Y = -12.1905 (log Q) + 84.3707

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2T. Definition of Existing Water Quality: Bulls Island ICP
Delaware River at Bulls Island (Lumberville- Raven Rock) Foot Bridge, PA/NJ, River Mile 155.40
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<0.05	<0.05	<0.05
Chloride (mg/l)	17	15	20	Y = -0.00044266 Q + 21.906
Chlorophyll a (mg/m3)	2.70	1.07	3.20
Dissolved Oxygen (mg/l) mid-day *	8.80	8.40	9.30
Dissolved Oxygen Saturation (%)	98%	95%	100%
E. coli (colonies/100 ml)	40	23	80
Enterococcus (colonies/100 ml)	49	32	100
Fecal coliform (colonies/100 ml) *	71	36	90	Y = antilog (0.00003537 Q + 1.3646)
Nitrate NO3-N (mg/l) *	1.00	0.88	1.23
Orthophosphate (mg/l)	0.04	0.04	0.06
pH	7.60	7.50	7.74
Specific Conductance (umhos/cm)	186	170	202	Y = -0.00482529 Q + 229.19
Total Dissolved Solids (mg/l)	140	130	160	Y = -0.00277475 Q + 169.368
Total Kjeldahl Nitrogen (mg/l)	0.32	0.27	0.55
Total Nitrogen (mg/l) *	1.48	1.26	1.59
Total Phosphorus (mg/l) *	0.10	0.07	0.12
Total Suspended Solids (mg/l) *	5.0	4.0	7.0	Y = 0.0007482 Q - 0.48
Turbidity (NTU)	3.8	2.2	6.0
Alkalinity (mg/l)	45	38	51	Y = -0.00129755 Q + 56.978
Hardness (mg/l)	68	60	72	Y = -0.00134498 Q + 78.78

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2U. Definition of Existing Water Quality: Lockatong Creek BCP
Lockatong Creek, New Jersey, River Mile 154.00-0.75 Boundary Control Point is located at Rosemont-Raven Rock Road Bridge.
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<0.05	<0.05	<0.05
Chloride (mg/l)	13	11	14	Y = -3.0659 (log Q) + 14.6262
Chlorophyll a (mg/m3)	n/a	n/a	n/a
Dissolved Oxygen (mg/l) mid-day *	8.70	8.30	9.10
Dissolved Oxygen Saturation (%)	94%	90%	96%
E. coli (colonies/100 ml)	33	20	50	Y = antilog (0.6703 (log Q) + 1.1906)
Enterococcus (colonies/100 ml)	260 **	98 **	480 **
Fecal coliform (colonies/ 100 ml) *	32	20	76	Y = antilog (1.0321 (log Q) + 1.1157)
Nitrate NO3-N (mg/l) *	1.13	0.92	1.40
Orthophosphate (mg/l)	0.03	0.02	0.04
pH	7.30	7.20	7.50
Specific Conductance (umhos/cm)	180	165	191	Y = -35.3137 (log Q) + 193.0827
Total Dissolved Solids (mg/l)	140	130	142	Y = -24.7785 (log Q) + 150.0884
Total Kjeldahl Nitrogen (mg/l)	0.39	0.23	0.58
Total Nitrogen (mg/l) *	1.56	1.26	1.81
Total Phosphorus (mg/l) *	0.05	0.05	0.06
Total Suspended Solids (mg/l) *	1.0	0.5	2.0
Turbidity (NTU)	1.2	0.8	3.0	Y = antilog (0.6517 (log Q) - 0.2066)
Alkalinity (mg/l)	43	35	46	Y = -11.425 (log Q) + 48.85
Hardness (mg/l)	60	56	63

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2V. Definition of Existing Water Quality: Wickecheoke Creek BCP
Wickecheoke Creek, New Jersey, River Mile 152.51-0.21 Boundary Control Point is located at Route 29 bridge, Stockton.
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<0.05	<0.05	<0.05
Chloride (mg/l)	17	15	18
Chlorophyll a (mg/m3)	n/a	n/a	n/a
Dissolved Oxygen (mg/l) mid-day *	9.45	8.95	9.90
Dissolved Oxygen Saturation (%)	101%	96%	104%
E. coli (colonies/100 ml)	52	40	76
Enterococcus (colonies/100 ml)	170 **	84 **	300 **
Fecal coliform (colonies/100 ml) *	92	65	190
Nitrate NO3-N (mg/l) *	1.83	1.69	2.20
Orthophosphate (mg/l)	0.03	0.03	0.04
pH	7.53	7.40	7.70
Specific Conductance (umhos/cm)	183	175	200	Y = -28.7787 (log Q) + 199.7338
Total Dissolved Solids (mg/l)	130	120	134	Y = -30.5576 (log Q) + 148.5061
Total Kjeldahl Nitrogen (mg/l)	0.44	0.30	0.70
Total Nitrogen (mg/l) *	2.12	1.99	2.65
Total Phosphorus (mg/l) *	0.06	0.05	0.07
Total Suspended Solids (mg/l) *	1.0	0.5	1.5
Turbidity (NTU)	1.2	0.7	2.0	Y = antilog (0.5729 (log Q) - 0.2123)
Alkalinity (mg/l)	40	33	43	Y = -9.35 (log Q) + 45.46
Hardness (mg/l)	58	51	62

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2W. Definition of Existing Water Quality: Lambertville ICP
Delaware River at Lambertville-New Hope Bridge, NJ/PA, River Mile 148.70
Definition of Existing Water Quality
Parameter (Y) Note: only the parameters marked (*) are currently used in NMC analysis for new and expanding discharges	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<0.05	<0.05	0.05
Chloride (mg/l)	18	16	20	Y = -0.00046965 Q + 22.449
Chlorophyll a (mg/m3)	2.95	2.00	4.70
Dissolved Oxygen (mg/l) mid-day *	8.50	7.90	8.63
Dissolved Oxygen Saturation (%)	94%	93%	95%
E. coli (colonies/100 ml)	40	16	62	Y = antilog (0.00004662 Q + 1.0027)
Enterococcus (colonies/100 ml)	60	38	80
Fecal coliform (colonies/100 ml) *	55	32	120	Y = antilog (0.00003689 Q + 1.3656)
Nitrate NO3-N (mg/l) *	1.11	0.90	1.28
Orthophosphate (mg/l)	0.04	0.04	0.07
pH	7.55	7.40	7.60
Specific Conductance (umhos/cm)	191	156	207	Y = -0.00448812 Q + 229.4
Total Dissolved Solids (mg/l)	140	127	160	Y = -0.0020763 (log Q) + 159.338
Total Kjeldahl Nitrogen (mg/l)	0.46	0.34	0.66
Total Nitrogen (mg/l) *	1.56	1.36	1.84
Total Phosphorus (mg/l) *	0.10	0.08	0.12
Total Suspended Solids (mg/l) *	6.5	3.5	9.0	Y = 0.00075399 Q - 0.3458
Turbidity (NTU)	2.5	1.8	6.0	Y = antilog (0.00003256 Q + 0.0989)
Alkalinity (mg/l)	46	36	52	Y = -0.00162641 Q + 60.322
Hardness (mg/l)	68	56	77	Y = -0.00146091 Q + 80.092

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2X. Definition of Existing Water Quality: Pidcock Creek BCP
Pidcock Creek, Pennsylvania, River Mile 146.30-0.90 Boundary Control Point is located at stone foot bridge within Bowman's Hill Wildflower Preserve.
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	0.05	<0.05	0.06
Chloride (mg/l)	19	17	21
Chlorophyll a (mg/m3)	n/a	n/a	n/a
Dissolved Oxygen (mg/l) mid-day *	7.45	7.20	8.50
Dissolved Oxygen Saturation (%)	81%	78%	86%
E. coli (colonies/100 ml)	91	64	170	Y = antilog (0.6675 (log Q) + 1.5652)
Enterococcus (colonies/100 ml)	485	170	720
Fecal coliform (colonies/100 ml) *	195	130	310 **	Y = antilog (0.6669 (log Q) + 1.8192)
Nitrate NO3-N (mg/l) *	0.99	0.90	1.28
Orthophosphate (mg/l)	0.07	0.05	0.08
pH	7.39	7.20	7.44
Specific Conductance (umhos/cm)	255	243	276	Y = -45.1671 (log Q) + 281.0884
Total Dissolved Solids (mg/l)	185	170	190
Total Kjeldahl Nitrogen (mg/l)	0.50	0.28	0.72
Total Nitrogen (mg/l) *	1.63	1.46	2.09
Total Phosphorus (mg/l) *	0.10	0.08	0.12
Total Suspended Solids (mg/l) *	3.0	2.0	4.0
Turbidity (NTU)	3.7	2.5	5.3	Y = antilog (0.6463 (log Q) + 0.163)
Alkalinity (mg/l)	77	64	87	Y = -27.32 (log Q) + 92.67
Hardness (mg/l)	108	97	110	Y = -15.6248 (log Q) + 112.7103

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2Y. Definition of Existing Water Quality: Washington Crossing ICP
Delaware River at Washington Crossing Bridge, PA/NJ, River Mile 141.80
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	0.05	<0.05	0.09
Chloride (mg/l)	18	16	20	Y = -0.00032977 Q + 21.336
Chlorophyll a (mg/m3)	2.30	1.30	4.27
Dissolved Oxygen (mg/l) mid-day *	8.69	8.46	9.00
Dissolved Oxygen Saturation (%)	96%	95%	99%
E. coli (colonies/100 ml)	33	20	60
Enterococcus (colonies/100 ml)	55	23	90
Fecal coliform (colonies/100 ml) *	70	48	110
Nitrate NO3-N (mg/l) *	0.99	0.86	1.20
Orthophosphate (mg/l)	0.04	0.03	0.06
pH	7.69	7.52	7.90
Specific Conductance (umhos/cm)	187	158	206	Y = -0.00579709 Q + 239.8
Total Dissolved Solids (mg/l)	138	130	160	Y = -0.00317926 Q + 175.218
Total Kjeldahl Nitrogen (mg/l)	0.37	0.30	0.64
Total Nitrogen (mg/l) *	1.47	1.24	1.69
Total Phosphorus (mg/l) *	0.10	0.07	0.12
Total Suspended Solids (mg/l) *	6.0	5.0	8.0	Y = 0.0007895 Q + 0.7126
Turbidity (NTU)	4.0	2.4	5.3
Alkalinity (mg/l)	45	36	50	Y = -0.00128607 Q + 56.134
Hardness (mg/l)	67	53	75	Y = -0.0019019 Q + 82.144

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

Table 2Z. Definition of Existing Water Quality: Trenton ICP
Delaware River at Calhoun Street Bridge, Trenton-Morrisville, NJ/PA, River Mile 134.34
Definition of Existing Water Quality
Parameter (Y)	Median	Lower 95% CI	Upper 95% CI	Flow Relationships Site specific regression equation.
Ammonia NH3-N (mg/l) *	<0.05	<0.05	<0.05
Chloride (mg/l)	17	16	21	Y = -0.00046454 Q + 22.687
Chlorophyll a (mg/m3)	2.70	1.60	4.81
Dissolved Oxygen (mg/l) mid-day *	8.74	8.40	9.20
Dissolved Oxygen Saturation (%)	97%	94%	101%
E. coli (colonies/100 ml)	40	24	65
Enterococcus (colonies/100 ml)	45	20	80
Fecal coliform (colonies/100 ml) *	88	60	140
Nitrate NO3-N (mg/l) *	1.05	0.85	1.21
Orthophosphate (mg/l)	0.04	0.03	0.06
pH	7.78	7.56	8.00
Specific Conductance (umhos/cm)	185	163	202	Y = -0.00563728 Q + 240.35
Total Dissolved Solids (mg/l)	140	130	156	Y = -0.00300322 Q + 169.514
Total Kjeldahl Nitrogen (mg/l)	0.48	0.36	0.58
Total Nitrogen (mg/l) *	1.45	1.22	1.71
Total Phosphorus (mg/l) *	0.10	0.07	0.12
Total Suspended Solids (mg/l) *	6.3	5.0	8.5	Y = 0.00085809 Q - 0.2021
Turbidity (NTU)	2.9	2.2	5.8
Alkalinity (mg/l)	45	36	50	Y = -0.00160669 Q + 58.973
Hardness (mg/l)	69	60	73	Y = -0.00141561 Q + 79.891

EWQ values represent data collected twice per month from May through September 2000-2004. Total number of samples varied by parameter, however, due to design and sampling constraints.

* Wastewater treatment facility projects subject to the no measurable change requirement must demonstrate no measurable change to EWQ for this parameter. Implementation guidance should be consulted.

** EWQ does not meet DRBC water quality criterion, state water quality criterion or both.

(b)Limits.

(1) The waters of the basin shall not contain substances attributable to municipal, industrial, or other discharges in concentrations or amounts sufficient to preclude the specified water uses to be protected. Within this requirement:

(i) the waters shall be substantially free from unsightly or malodorous nuisances due to floating solids, sludge deposits, debris, oil, scum, substances in concentrations or combinations which are toxic or harmful to human, animal, plant, or aquatic life, or that produce color, taste, odor of the water, or taint fish or shellfish flesh; and

(ii) the concentration of total dissolved solids, except intermittent streams, shall not exceed 133 percent of background.

(2) In no case shall concentrations of substances exceed those values given for rejection of water supplies in the United States Public Health Service Drinking Water Standards.

(c)Aquatic life objectives for toxic pollutants.

It is the policy of the commission to designate numerical stream quality objectives for the protection of aquatic life for the Delaware River estuary and Bay (zones 2 through 6) which correspond to the designated uses of each zone. Aquatic life objectives for the protection from both acute and chronic effects are herein established on a pollutant-specific basis for: pollutants listed as toxic under section 307(a)(1) of the Clean Water Act for which the U.S. Environmental Protection Agency (EPA) has published final criteria; other chemicals for which EPA has published final criteria under section 304(a) of the Act; and pollutants and other chemicals in combinations. Other toxic substances for which any of the three estuary states have adopted criteria or standards may also be considered for the development of stream quality objectives.

(1) For the purpose of determining compliance with stream quality objectives for the protection of aquatic life, the duration of exposure of aquatic organisms shall be one hour for acute objectives and four days for chronic objectives.

(2) Stream quality objectives for cadmium, chromium, copper, lead, nickel, silver and zinc shall be expressed as the dissolved form of the metal. Adjustment factors established by the commission based upon the best available scientific information shall be used to convert total recoverable criteria published by the U.S. Environmental Protection Agency to dissolved stream quality objectives. In the absence of data to develop a factor for any of the metals, an adjustment factor of 1.0 shall be utilized. Stream quality objectives for other metals shall be expressed as the concentration of the total recoverable form of the metal.

(d)Human health objectives for toxic pollutants.

It is the policy of the commission to designate numerical stream quality objectives for the protection of human health for the Delaware River estuary and Bay (zones 2 through 6) which correspond to the designated uses of each zone. Stream quality objectives for protection from both carcinogenic and systemic effects are herein established on a pollutant-specific basis for: pollutants listed as toxic under section 307(a)(1) and other toxic pollutants; and other chemicals for which EPA has published final criteria under section 304(a) of the Act. Other toxic substances for which any of the three estuary states have adopted criteria or standards may also be considered for the development of stream quality objectives.

(1) An objective to protect against carcinogenic effects shall only be established if the pollutant is classified A, B or C under the U.S. EPA classification system for carcinogens, and if a cancer potency factor (CPF) exists in IRIS.

(2) An objective to protect against systemic effects shall only be established for a pollutant if a reference dose (RfD) exists in IRIS. An additional safety factor of 10 shall be utilized in establishing the stream quality objectives to protect against systemic effects for pollutants classified as carcinogens if a CPF is not available in IRIS.

(3) In the absence of toxicological data for an RfD or CPF in IRIS, data published in the 1980 U.S. EPA water quality criteria documents will be considered.

(4) In establishing stream quality objectives for carcinogens, the level of risk is established at 10^-6 or one additional cancer in every 1,000,000 humans exposed for a lifetime (70 years).

(5) For the purpose of determining compliance with human health stream quality objectives, the duration of exposure shall be 70 years for carcinogens and 30 days for systemic toxicants.

(6) A rate of ingestion of water of 2.0 liters per day is assumed in calculating objectives for river zones where the designated uses include public water supplies after reasonable treatment. A rate of ingestion of fish of 17.5 grams per day (equivalent to consuming a 1/2 pound portion every 13 days) is assumed in calculating freshwater and marine stream quality objectives for the protection of human health.

(7) Maximum contaminant levels (MCLs) shall be applied as stream quality objectives in zones 2 and 3 which are designated for use as public water supplies for those toxic pollutants where the MCL value is more stringent than the calculated human health objectives for carcinogens or systemic toxicants.

(8) Numerical criteria for toxic pollutants to protect the taste and odor of ingested water and fish shall be applied as stream quality objectives in the zones 2-6 if these criteria are more stringent than the calculated human health objectives for carcinogens or systemic toxicants.

Footnotes

* River mile 209.5 is the downstream boundary of the Delaware Water Gap National Recreation Area. SPW waters upstream of and including this point received SPW designation in 1992 and SPW waters below this point received SPW designation in 2005. The water quality strategy used to support this later designation differed from that employed a decade earlier.

* The effluent criteria that define best demonstrable technology (BDT) were established by these regulations in 1992 when DRBC originally promulgated the special protection waters regulations for point source discharges. Although treatment technologies have advanced since that year, these "BDT" criteria have been retained for the limited purposes of the SPW program. BDT as defined herein may be superseded, however, by applicable Federal, State or DRBC criteria that are more stringent.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 860.3