[30 Pa.B. 6059]
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TABLE 1
Symbol Protected Use Aquatic Life CWF Cold Water Fishes--Maintenance or propagation, or both, of fish species including the family Salmonidae and additional flora and fauna which are indigenous to a cold water habitat. WWF Warm Water Fishes--Maintenance and propagation of fish species and additional flora and fauna which are indigenous to a warm water habitat. MF Migratory Fishes--Passage, maintenance and propagation of anadromous and catadromous fishes and other fishes which ascend to flowing waters to complete their life cycle. TSF Trout Stocking--Maintenance of stocked trout from February 15 to July 31 and maintenance and propagation of fish species and additional flora and fauna which are indigenous to a warm water habitat. Water Supply PWS Potable Water Supply--Used by the public as defined by the Federal Safe Drinking Water Act, 42 U.S.C.A. § 300F, or by other water users that require a permit from the Department under the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1--721.18), or the act of June 24, 1939 (P. L. 842, No. 365) (32 P. S. §§ 631--641), after conventional treatment, for drinking, culinary and other domestic purposes, such as inclusion into foods, either directly or indirectly. IWS Industrial Water Supply--Use by industry for inclusion into nonfood products, processing and cooling. LWS Livestock Water Supply--Use by livestock and poultry for drinking and cleansing. AWS Wildlife Water Supply--Use for waterfowl habitat and for drinking and cleansing by wildlife. IRS Irrigation--Used to supplement precipitation for growing crops. Recreation and Fish Consumption B Boating--Use of the water for power boating, sail boating, canoeing and rowing for recreational purposes when surface water flow or impoundment conditions allow. F Fishing--Use of the water for the legal taking of fish. For recreation or consumption. WC Water Contact Sports--Use of the water for swimming and related activities. E Esthetics--Use of the water as an esthetic setting to recreational pursuits. Special Protection HQ High Quality Waters EV Exceptional Value Waters Other N Navigation--Use of the water for the commercial transfer and transport of persons, animals and goods. § 93.4. Statewide water uses.
(a) Statewide water uses. Except when otherwise specified in law or regulation, the uses set forth in Table 2 apply to all surface waters. These uses shall be protected in accordance with this chapter, Chapter 96 (relating to water quality standards implementation) and other applicable State and Federal laws and regulations.
TABLE 2
Symbol Use Aquatic Life WWF Warm Water Fishes Water Supply PWS Potable Water Supply IWS Industrial Water Supply LWS Livestock Water Supply AWS Wildlife Water Supply IRS Irrigation Recreation B Boating F Fishing WC Water Contact Sports E Esthetics (b) Less restrictive uses. Less restrictive uses than those currently designated for particular waters listed in §§ 93.9a--93.9z may be adopted when it is demonstrated that the designated use is more restrictive than the existing use, the use cannot be attained by implementing effluent limits required under sections 301(b) and 306 of the Federal Clean Water Act (33 U.S.C.A. §§ 1311(b) and 1316) or implementing cost-effective and reasonable BMPs for nonpoint source control, and one or more of the following conditions exist:
(1) Naturally occurring pollutant concentrations (natural quality) prevent the attainment of the use.
(2) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met.
(3) Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place.
(4) Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate the modification in a way that would result in the attainment of the use.
(5) Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life uses.
(6) Controls more stringent than those required by sections 301(b) and 306 of the Federal Clean Water Act would result in substantial and widespread economic and social impact.
(c) Redesignation of water. Waters considered for redesignation may not be redesignated to less restrictive uses than the existing uses.
§ 93.5. (Reserved).
§ 93.6. General water quality criteria.
(a) Water may not contain substances attributable to point or nonpoint source discharges in concentration or amounts sufficient to be inimical or harmful to the water uses to be protected or to human, animal, plant or aquatic life.
(b) In addition to other substances listed within or addressed by this chapter, specific substances to be controlled include, but are not limited to, floating materials, oil, grease, scum and substances which produce color, tastes, orders, turbidity or settle to form deposits.
§ 93.7. Specific water quality criteria.
(a) Table 3 displays specific water quality criteria and associated critical uses. The criteria associated with the Statewide water uses listed in § 93.4, Table 2 apply to all surface waters, unless a specific exception is indicated in §§ 93.9a--93.9z. Other specific water quality criteria quality to surface waters as specified in §§ 93.9a--93.9z. All applicable criteria shall be applied in accordance with this chapter, Chapter 96 (relating to water quality standards implementation) and other applicable State and Federal laws and regulations.
TABLE 3
Critical Parameter
Symbol
Criteria
Use*
Alkalinity Alk Minimum 20 mg/l as CaCO3, except where natural conditions are less. Where discharges are to waters with 20 mg/l or less alkalinity, the discharge should not further reduce the alkalinity of the receiving waters. CWF, WWF, TSF, MF Ammonia
NitrogenAm The maximum total ammonia nitrogen concentration at all times shall be the numerical value given by: un-ionized ammonia nitrogen (NH3-N) × (log-1[pKT-pH] + 1), where:
1 and
The pH and temperature used to derive the appropriate ammonia criteria shall be determined by one of the following methods: 1) Instream measurements, representative of median pH and temperature--July through September.
2) Estimates of median pH and temperature--July through September--based upon available data or values determined by the Department.
For purposes of calculating effluent limitations based on this value the accepted design stream flow shall be the actual or estimated lowest 30-consecutive-day average flow that occurs once in 10 years.Bacteria Bac1 (Fecal coliforms/ 100 ml)--During the swimming season (May 1 through September 30), the maximum fecal coliform level shall be a geometric mean of 200 per 100 milliliters (ml) based on a minimum of five consecutive samples each sample collected on different days during a 30-day period. No more than 10% of the total samples taken during a 30-day period may exceed 400 per 100 ml. For the remainder of the year, the maximum fecal coliform level shall be a geometric mean of 2,000 per 100 milliliters (ml) based on a minimum of five consecutive samples collected on different days during a 30-day period. WC Bac2 (Coliforms/100 ml)--Maximum of 5,000/100 ml as a monthly average value, no more than this number in more than 20 of the samples collected during a month, nor more than 20,000/100 ml in more than 5% of the samples. PWS Chloride Ch Maximum 250 mg/l. PWS Color Col Maximum 75 units on the platinum-cobalt scale; no other colors perceptible to the human eye. PWS Dissolved Oxygen DO1 Minimum daily average 6.0 mg/l; minimum 5.0 mg/l. For lakes, ponds and impoundments only, minimum 5.0 mg/l at any point. CWF, HQ-WWF, HQ-TSF DO2 Minimum daily average 5.0 mg/l; minimum 4.0 mg/l. For the epilimnion of lakes, ponds and impoundments, minimum daily average of 5.0 mg/l, minimum 4.0 mg/l. WWF DO3 For the period February 15 to July 31 of any year, minimum daily average of 6.0 mg/l, minimum 5.0 mg/l. For the remainder of the year, minimum daily average of 5.0 mg/l, minimum 4.0 mg/l. For lakes, ponds and impoundments, the criteria apply to the epilimnion. TSF DO4 Minimum 7.0 mg/l. HQ-CWF Fluoride F Daily average 2.0 mg/l. PWS Iron Fe1 30-day average 1.5 mg/l as total recoverable. CWF, WWF, TSF, MF Fe2 Maximum 0.3 mg/l as dissolved. PWS Manganese Mn Maximum 1.0 mg/l, as total recoverable. PWS Nitrite plus Nitrate N Maximum 10 mg/l as nitrogen. PWS Osmotic Pressure OP Maximum 50 milliosmoles per kilogram. CWF, WWF, TSF, MF pH pH From 6.0 to 9.0 inclusive. CWF, WWF, TSF, MF Phenolics (except
§ 307(a)(1) (33
U.S.C.A. § 1317(a)(1)),
Priority Pollutants)Phen Maximum 0.005 mg/l. PWS Sulfate Sul Maximum 250 mg/l. PWS Temperature Maximum temperatures in the receiving water body resulting from heated waste sources regulated under Chapters 92, 96 and other sources where temperature limits are necessary to protect designated and existing uses. Additionally, these wastes may not result in a change by more than 2°F during a 1-hour period. See the following table.
SYMBOL:
CRITICAL USE:
PERIOD
TEMP1
CWF
TEMP2
WWF
TEMPERATURE
°F
TEMP3
TSF
January 1-31 38 40 40 February 1-29 38 40 40 March 1-31 42 46 46 April 1-15 48 52 52 April 16-30 52 58 58 May 1-15 54 64 64 May 16-31 58 72 68 June 1-15 60 80 70 June 16-30 64 84 72 July 1-31 66 87 74 August 1-15 66 87 80 August 16-30 66 87 87 September 1-15 64 84 84 September 16-30 60 78 78 October 1-15 54 72 72 October 16-31 50 66 66 November 1-15 46 58 58 November 16-30 42 50 50 December 1-31 40 42 42
Critical Parameter
Symbol
Criteria
Use
Total Dissolved Solids TDS 500 mg/l as a monthly average value; maximum 750 mg/l. PWS Total Residual Chlorine TRC Four-day average 0.011 mg/l; 1-hour average 0.019 mg/l. CWF, WWF, TSF, MF *Critical use: The most sensitive designated or existing use the criteria are designed to protect.
(b) Table 4 contains specific water quality criteria that apply to the water uses to be protected. When the symbols listed in Table 4 appear in the Water Uses Protected column in § 93.9, they have the meaning listed in the second column of Table 4. Exceptions to these standardized groupings will be indicated on a stream-by-stream or segment-by-segment basis by the words ''Add'' or ''Delete'' followed by the appropriate symbols described elsewhere in this chapter.
TABLE 4
Symbol
Water Uses Protected
Specific Criteria
WWF Statewide list DO2 and Temp2 CWF Statewide list plus Cold Water Fish DO1 and Temp1 TSF Statewide list plus Trout Stocking DO3 and Temp3 HQ-WWF Statewide list plus High Quality Waters DO1 and Temp2 HQ-CWF Statewide list plus High Quality Waters and Cold Water Fish DO4 and Temp1 HQ-TSF Statewide list plus High Quality Waters and Trout Stocking DO1 and Temp3 EV Statewide list plus Exceptional Value Waters Existing quality (c) The list of specific water quality criteria does not include all possible substances that could cause pollution. For substances not listed, the general criterion that these substances may not be inimical or injurious to the designated water uses applies. The Department will develop a criterion for any substance not listed in Table 3 that is determined to be inimical or injurious to existing or designated water uses using the best available scientific information, as determined by the Department.
(d) If the Department determines that natural quality of a surface water segment is of lower quality than the applicable aquatic life criteria in Table 3, the natural quality shall constitute the aquatic life criteria for that segment. All draft natural quality determinations shall be published in the Pennsylvania Bulletin and be subject to a minimum 30-day comment period. The Department will maintain a publicly available list of surface waters and parameters where this subsection applies, and shall, from time to time, submit appropriate amendments to §§ 93.9a--93.9z.
§ 93.8. Development of site-specific water quality criteria for the protection of aquatic life.
(a) The Department will consider a request for site-specific criteria for protection of aquatic life, human health or wildlife when a person demonstrates that there exist site-specific biological or chemical conditions of receiving waters which differ from conditions upon which the water quality criteria were based. Site-specific criteria may be developed for use only in place of current Statewide or regional (such as the Great Lakes systems) criteria. The request for site-specific criteria shall include the results of scientific studies for the purpose of:
(1) Defining the areal boundaries for application of the site-specific criteria which will include the potentially affected wastewater dischargers identified by the Department, through various means, including, but not limited to, the total maximum daily load (TMDL) process described in Chapter 96 (relating to water quality standards implementation) or biological assessments.
(2) Developing site-specific criteria which protect its existing use and designated use.
(b) Scientific studies shall be performed in accordance with the procedures and guidance in the Water Quality Standards Handbook (EPA 1994), as amended and upgraded, guidance provided by the Department or other scientifically defensible methodologies approved by the Department.
(c) Prior to conducting studies specified in subsections (a) and (b), a proposed plan of study shall be submitted to and approved by the Department.
(d) Signed copies of all reports including toxicity test data shall be submitted to the Department within 30 days of completion of the tests.
(e) If as a result of its review of the report submitted, the Department determines that a site-specific criterion is appropriate, the Department will, for site-specific changes to criteria in § 93.7 (relating to specific water quality criteria), prepare a recommendation to the EQB in the form of proposed rulemaking, incorporating that criterion for the water body segment. The site-specific changes to the criteria will become effective for the water body segment following adoption by the EQB as final rulemaking and publication in the Pennsylvania Bulletin.
(f) A person challenging a Department action under this section shall have the burden of proof to demonstrate that the Department's action does not meet the requirements of this section.
§ 93.8a. Toxic substances.
(a) The waters of this Commonwealth may not contain toxic substances attributable to point or nonpoint source waste discharges in concentrations or amounts that are inimical to the water uses to be protected.
(b) Water quality criteria for toxic management substances shall be established under Chapter 16 (relating to water quality toxics management strategy--statement of policy) wherein the criteria and analytical procedures will also be listed. Chapter 16 along with changes made to it is hereby specifically incorporated by reference.
(c) Water quality criteria for toxic substances which exhibit threshold effects will be established by application of margins of safety to the results of toxicity testing to prevent the occurrence of a threshold effect.
(d) Nonthreshold carcinogenic effects of toxic substances, will be controlled to a risk management level of one excess case of cancer in a population of 1 million (1 x 10-6) over a 70-year lifetime. Other nonthreshold effects of toxic substances will be controlled at a risk management level as determined by the Department.
(e) Water quality criteria for toxics shall be applied in accordance with Chapter 96 (relating to water quality standards implementation) and any other applicable State and Federal laws and regulations. For carcinogens, the design conditions shall result in a lifetime--70 years--average exposure corresponding to the risk management level specified in subsection (d).
(f) The Department will consider both the acute and chronic toxic impacts to aquatic life and human health.
(g) The Department may consider synergistic, antagonistic and additive toxic impacts.
(h) At intervals not exceeding 1 year, the Department will publish a new or revised water quality criteria for toxic substances, and revised procedures for criteria development in the Pennsylvania Bulletin.
(i) A person challenging criteria established by the Department under this section shall have the burden of proof to demonstrate that the criteria does not meet the requirements of this section. In addition, a person who proposes an alternative site-specific criterion shall have the burden of proof to demonstrate that the site specific criterion meets the requirements of this section.
(j) The requirements for discharges to and antidegradation requirements for the Great Lakes System are as follows.
(1) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:
BAF--Bioaccumulation Factor--The ratio in liters per kilogram of a substance's concentration in tissues of an aquatic organism to its concentration in the ambient water, when both the organism and its food are exposed and the ratio does not change substantially over time.
BCC--Bioaccumulative Chemical of Concern--A chemical that has the potential to cause adverse effects which, upon entering the surface waters, by itself or its toxic transformation product, accumulates in aquatic organisms by a human health BAF greater than 1000, after considering metabolism and other physiochemical properties that might enhance or inhibit bioaccumulation, under the methodology in 40 CFR Part 132 Appendix B (relating to Great Lakes Water Quality Initiative). Current BCCs are listed in 40 CFR 132.6, Table 6, Subpart A (relating to pollutants of initial focus in the Great Lakes Water Quality Initiative).
Great Lakes System--The streams, rivers, lakes and other bodies of surface water within the drainage basin of the Great Lakes in this Commonwealth.
Open Waters of the Great Lakes--The waters within the Great Lakes in this Commonwealth lakeward from a line drawn across the mouth of the tributaries to the lakes, including the waters enclosed by constructed breakwaters, but not including the connecting channels.
(2) Total Maximum Daily Loads (TMDLs). TMDLs for Open Waters of the Great Lakes shall be derived following the procedures in 40 CFR Part 132, Appendix F, Procedure 3, Subpart D (relating to Great Lakes Water Quality Initiative implementation procedures), including all other subparts referenced in Subpart D, except Subpart C.
(3) Statewide antidegradation requirements in Chapters 93 and 95 (relating to water quality standards; and wastewater treatment requirements) and in the Federal regulation in 40 CFR 131.32(a) (relating to Pennsylvania) as applicable, apply to all surface waters of the Great Lakes System.
(4) If, for any BCC, the quality of the surface water exceeds the levels necessary to support the propagation of fish, shellfish and wildlife and recreation in and on the waters, that quality shall be maintained and protected, unless the Department finds that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the surface water is located.
§ 93.9. Designated water uses and water quality criteria.
(a) The tables in §§ 93.9a--93.9z display designated water uses and water quality criteria in addition to the water uses and criteria specified in Tables 2 and 3. Designated uses shall be protected in accordance with Chapters 95 and 96 (relating to wastewater treatment requirements; and water quality standards implementation) and any other applicable State and Federal laws and regulations. The tables also indicate specific exceptions to Tables 2 and 3 on a stream-by-stream or segment-by-segment basis by the words ''add'' or ''delete'' followed by the appropriate symbols described elsewhere in this chapter. The county column in §§ 93.9a--93.9z indicates the county in which the mouth of the stream is located. Abbreviations used in the ''Zone'' column are as follows:
T -- Township Road LR -- Pennsylvania Legislative Route SR -- Pennsylvania State Route FAS -- Federal Aid Secondary Highway US -- United States Federal Route I -- Interestate Highway RM -- River Mile; river miles are used to indicate the distance from a point on the waterbody to its mouth and are based on the Department's River Mile Index (b) When appropriate, ''Exceptions to Specific Criteria'' provide reference to the Delaware River Basin Commission (DRBC) water quality regulations, Orsanco (Ohio River Valley Water Sanitation Commission) pollution control standards and the Great Lakes Water Quality Agreement (GLWQA) which specify the criteria that apply. The applicable criteria can be obtained from the following:
Delaware River Basin Commission
P. O. Box 7360
West Trenton, New Jersey 08628
(609) 883-9500
Ohio River Valley Water Sanitation Commission
5735 Kellogg Ave.
Cincinnati, Ohio 45228
(513) 231-7719
GLWQA: International Joint Commission
Great Lakes Regional Office
100 Ouellette Ave., 8th Floor
Windsor Ontario, Canada N9A 6T3
(519) 257-6700(c) With respect to hydrological order, the numbers appearing on the left-hand column of the drainage lists represent stream entries to aid in identifying hydrological order: 1 identifies the most downstream hydrologic order; 2 is triburary to 1; 3 is tributary to 2, and so on.
(d) An overview appears as follows:
* * * * *
§ 93.9a. Drainage List A.
Delaware River Basin in Pennsylvania
Delaware River
Water
Exceptions Uses To Specific Stream Zone County Protected Criteria * * * * *
2-West Branch Delaware River Main Stem, PA-NY State Border to Confluence with East Branch Wayne CWF, MF See DRBC regulations--Water Quality Zone 1A * * * * * 1-Delaware River Main Stem, Confluence of East and West Branches to PA 652 Bridge (Narrowsburg, NY) Wayne CWF, MF See DRBC regulations--Water Quality Zone 1A * * * * *
1-Delaware River Main Stem, PA 652 Bridge to Lackawaxen River Pike WWF, MF See DRBC regulations--Water Quality Zone 1B * * * * * § 93.9c. Drainage List C.
Delaware River Basin in Pennsylvania
Delaware River
Water
Exceptions Uses To Specific Stream Zone County Protected Criteria 1-Delaware River Main Stem, Lackawaxen River to Tocks Island Pike WWF, MF See DRBC regulations--Water Quality Zone 1B/1C * * * * *
1-Delaware River Main Stem, Tocks Island to Lehigh River Northampton WWF, MF See DRBC regulations--Water Quality Zone 1D * * * * * § 93.9e. Drainage List E.
Delaware River Basin in Pennsylvania
Delaware River
Water
Exceptions Uses To Specific Stream Zone County Protected Criteria 1-Delaware River Main Stem, Lehigh River to Head of Tide Bucks WWF; MF See DRBC regulations--Water Quality Zone 1E * * * * *
1-Delaware Estuary Tidal Portions of Basin, Head of Tide to Burlington-Bristol Bridge Bucks WWF, MF See DRBC regulations--Water Quality Zone 2 * * * * *
2-Neshaminy Creek The following criteria are specific to waters in the Neshaminy Creek Basin where indicated, based on special studies.
Critical Parameter
Symbol
Criteria
Use
Turbidity Tur1 Not more than 100 NTU. PWS,
WWF, MFTur2 For the period May 15--September 15 of any year, not more than 40 NTU; for the period September 16--May 14 of any year, not more than 100 NTU. PWS, CWF,
WWF, MF
Water
Exceptions Uses To Specific Stream Zone County Protected Criteria 3-West Branch Neshaminy Creek Basin, Source to Confluence with North Branch Bucks WWF, MF Add Tur2 3-North Branch Neshaminy Creek Basin, Source to Tailwaters of Lake Galena Bucks WWF Add Tur2 3-North Branch Neshaminy Creek Basin, Lake Galena Bucks WWF Add Tur2 3-North Branch Neshaminy Creek Basin, Lake Galena Dam to Confluence with West Branch Bucks TSF, MF Add Tur2 2-Neshaminy Creek Main Stem, Confluence of West and North Branches to PA 614 Dam Bucks TSF, MF Add Tur2 3-Unnamed Tributaries to Neshaminy Creek Basins, Confluence of West and North Branches of PA 614 Dam Bucks TSF, MF Add Tur2 3-Cooks Run Basin Bucks WWF, MF Add Tur2 3-Mill Creek Basin Bucks TSF, MF Add Tur2 3-Country Club Creek Basin Bucks WWF, MF Add Tur2 2-Neshaminy Creek Non-Tidal Portion of Main Stem, PA 614 Dam to Mouth Bucks WWF, MF Add Tur1 3-Unnamed Tributaries to Neshaminy Creek Non-Tidal Portions of Basins, PA 614 Dam to Mouth Bucks WWF, MF Add Tur1 3-Little Neshaminy Creek Basin Bucks WWF, MF Add Tur1 3-Mill Creek Basin, Source to Watson Creek Bucks CWF, MF Add Tur2 4-Watson Creek Basin Bucks CWF, MF Add Tur2 3-Mill Creek Basin, Watson Creek to Mouth Bucks WWF, MF Add Tur3 3-Core Creek Basin, Source PA Rte 620 Dam Bucks CWF, MF Add Tur2 3-Core Creek Basin, PA Rte 620 Dam to Mouth Bucks WWF, MF Add Tur1 3-Mill Creek Basin Bucks WWF, MF Add Tur1 1-Delaware Estuary Tidal Portions of Basin, Burlington-Bristol Bridge to RM 108.4 Philadelphia WWF, MF See DRBC regulations--Water Quality Zone 2 * * * * * 1-Delaware Estuary Tidal Portions of Basin, RM 108.4 to Big Timber Creek (NJ) Philadelphia WWF (Maintenance
Only); MF (Passage Only); Delete WCSee DRBC regulations--Water Quality Zone 3 * * * * * 1-Delaware Estuary Tidal Portions of Basin, Big Timber Creek (NJ) to Philadelphia-Delaware County Border Philadelphia-
DelawareWWF (Maintenance Only); MF (Passage Only); N Delete WC, PWS, LWS and IRS See DRBC regulations--Water Quality Zone 4 * * * * *
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