RULES AND REGULATIONS
Title 25—ENVIRONMENTAL PROTECTION
ENVIRONMENTAL QUALITY BOARD
[ 25 PA. CODE CH. 93 ]
Triennial Review of Water Quality Standards
[43 Pa.B. 4080]
[Saturday, July 20, 2013]The Environmental Quality Board (Board) is amending Chapter 93 (relating to water quality standards) to read as set forth in Annex A.
This order was adopted by the Board at its meeting of April 16, 2013.
A. Effective Date
This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information, contact Rodney A. Kime, Chief, Division of Water Quality Standards, Bureau of Point and Non-Point Source Management, 11th Floor, Rachel Carson State Office Building, P. O. Box 8774, Harrisburg, PA 17105-8774, (717) 787-9637; or Michelle Moses, Assistant Counsel, Bureau of Regulatory Counsel, 9th Floor, Rachel Carson State Office Building, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This final-form rulemaking is available on the Department of Environmental Protection's (Department) web site at www.dep.state.pa.us.
C. Statutory Authority
The final-form rulemaking is made under the authority of sections 5(b)(1) and 402 of The Clean Streams Law (act) (35 P. S. §§ 691.5(b)(1) and 691.402), which authorize the Board to develop and adopt rules and regulations to implement the act, and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20), which grants to the Board the power and duty to formulate, adopt and promulgate rules and regulations for the proper performance of the work of the Department. In addition, section 303 of the Federal Clean Water Act (33 U.S.C.A. § 1313) sets forth requirements for water quality standards and 40 CFR 131.41 (relating to bacteriological criteria for those states not complying with Clean Water Act section 303(i)(1)(A)) sets forth bacteria criteria for coastal recreation waters in the Commonwealth.
D. Background and Summary
Section 303(c)(1) of the Clean Water Act requires that states periodically, but at least once every 3 years, review and revise as necessary their water quality standards. This final-form rulemaking constitutes the Commonwealth's current triennial review of its water quality standards.
The Commonwealth's water quality standards, which are codified in Chapter 93 and portions of Chapter 92a (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance), are designed to implement the requirements of sections 5 and 402 of the act and section 303 of the Clean Water Act. The water quality standards consist of the designated and existing uses of the surface waters of the Commonwealth, along with the specific numeric and narrative criteria necessary to achieve and maintain those uses, and an antidegradation policy. Thus, water quality standards are instream water quality goals that are implemented by imposing specific regulatory requirements, such as treatment requirements, best management practices and effluent limitations, on individual sources of pollution.
This final-form rulemaking clarifies requirements and updates the regulations to be consistent with Federal guidance where indicated. These regulations may affect persons who discharge wastewater into surface waters of the Commonwealth or otherwise conduct activities, which may impact these waters.
Part of the triennial review requires that states reexamine water body segments that do not meet the fishable or swimmable uses specified in section 101(a)(2) of the Clean Water Act (33 U.S.C.A. § 1251(a)(2)). The Department evaluated the two Pennsylvania water bodies where the uses are not currently met: (1) the Harbor Basin and entrance channel to Outer Erie Harbor/Presque Isle Bay (§ 93.9x (relating to Drainage List X)), and (2) several zones in the Delaware Estuary (§§ 93.9e and 93.9g (relating to Drainage Lists E and G).
The swimmable use designation was deleted from the Harbor Basin and entrance channel demarcated by United States Coast Guard buoys and channel markers on Outer Erie Harbor/Presque Isle Bay because pleasure boating and commercial shipping traffic pose a serious safety hazard in this area. This decision was further supported by a Use Attainability (UAA) study conducted by the Department of Environmental Resources (DER) in 1985. Because the same conditions and hazards exist today, there is not a change to the designated use for Outer Erie Harbor/Presque Isle Bay in this final-form rulemaking.
In April 1989, DER cooperated with the Delaware River Basin Commission (DRBC), the United States Environmental Protection Agency (EPA) and other DRBC signatory states on a comprehensive UAA study in the lower Delaware River and Delaware Estuary. This study resulted in appropriate recommendations regarding the swimmable use, which the DRBC included in water use classifications and water quality criteria for portions of the tidal Delaware River in May 1991. The appropriate DRBC standards were referenced in §§ 93.9e and 93.9g in 1994. The primary water contact use remains excluded from the designated uses for river miles 108.4 to 81.8 because of continuing significant impacts from combined sewer overflows, and hazards associated with commercial shipping and navigation.
The Department discussed the proposed triennial rulemaking with the Water Resources Advisory Committee (WRAC) five times in 2011, including at the April, June, July, October and December meetings. On January 11, 2012, WRAC voted to present the proposed rulemaking package to the Board. The Agricultural Advisory Board declined the need for their consideration on the proposed triennial review of water quality standards that was scheduled for its regular October 19, 2011, meeting.
The regulations were adopted by the Board as a proposed rulemaking at its April 17, 2012, meeting. The proposed rulemaking was published at 42 Pa.B. 4367 (July 7, 2012) with a 45-day public comment period that ended on August 21, 2012. The Board held a public hearing for the purpose of accepting comments on the proposed rulemaking on August 8, 2012, in Conference Room 105, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA. The Board received public comments from 197 commenters including testimony from 2 witnesses at the public hearing. The comments received on the proposed rulemaking are summarized in Section E.
The Board considered the public comments received on the proposed rulemaking in preparing this final-form rulemaking. WRAC, in coordination with the Department, initiated an ad hoc workgroup to discuss two aspects of the triennial review proposed rulemaking. The ad hoc workgroup met on August 27, 2012, to discuss the proposed sulfate aquatic life criterion and on August 29, 2012, to allow for scientific information to be presented on the aquatic life and human health criterion for molybdenum. These publicly noticed ad hoc workgroup meetings were held in Room 105, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA, and offered presenters the opportunity to participate by conference call.
The draft final regulation was discussed with WRAC at its November 28, 2012, meeting. WRAC approved the final rulemaking and recommended the Department present the final rulemaking to the Board for adoption.
E. Summary of Responses to Comments and Changes to the Proposed Rulemaking
As a result of the public hearing and public comment period, the Board received comments from 197 commentators including the Independent Regulatory Review Commission (IRRC) and EPA Region 3. The majority of commentators expressed opposition to the proposed water quality criteria for molybdenum, sulfates and chlorides. Specifically, commentators questioned whether the Statewide criteria for these contaminants would impact the economy and the regulated community, and also questioned the scientific studies the Department relied upon in the development of the criteria. Commentators also requested that the Department perform additional instream monitoring and provide further justification on the need for the proposed Statewide criteria for molybdenum, sulfates and chlorides.
A more detailed summary of the comments submitted to the Board, and the Department's responses to those comments are available in the Report to the Environmental Quality Board Comment and Response Document (February 2013).
A detailed description of the revisions to the Chapter 93 follows.
§ 93.4d. Processing of petitions, evaluations and assessments to change a designated use
The Board received a comment requesting that all property owners affected by a potential stream redesignation be directly notified of the petition and assessment.
While the Department acknowledges that notifying the public of stream redesignation rulemaking activities is important, it would be onerous and costly to require the Department to directly notify all property owners, as suggested by the commentator. Therefore, the Board is not including direct property owner notification requirements in this final-form rulemaking. The Department believes it has effective measures in place to ensure the public is informed of stream redesignation activities. For example, the Department posts all of its stream redesignation rulemaking activities on its web site at http://www.portal.state.pa.us/portal/server.pt/community/water_quality_standards/10556 (under ''Monitoring,'' select ''Stream Redesignations''). Interested members of the public can visit the Department's web site to get the latest and most up-to-date information regarding the Department's actions pertaining to stream redesignations. The Department will continue to post its stream redesignation rulemaking activities on its web site. As an additional opportunity for notice, the Department is considering the issuance of a press release whenever an activity occurs regarding stream redesignations. Currently, a member of the public who is interested about stream redesignation activities may register on the Department's web site to receive direct electronic notification of press releases issued by the Department. The Department believes these outreach measures will be more effective in notifying the public about stream redesignation rulemaking activities and will increase the effectiveness of the public notification provisions in § 93.4d (relating to processing of petitions, evaluations, and assessments to change a designated use) in comparison to relying on one-time notices published in local newspapers that often go unnoticed by the public. However, the Department may rely on newspaper notices to inform the public of stream redesignation rulemaking activities when it may be more appropriate to do so.
§ 93.7. Specific water quality criteria
Chloride—There were several comments received by the Board in opposition to the chloride aquatic life equation-based criterion. The Board is withdrawing the proposed equation-based aquatic life criteria for chloride, including both the acute and chronic equations.
The overall proportion of ions (ion matrices) in the water affects the toxicity of individual ions such as chloride. There is now more recent and ongoing research, much of it funded by the EPA, examining the relationship between various ion matrices and toxicity. A workshop attended by major researchers in April 2012 titled ''Effects of Major Ions on Aquatic Organisms'' focused on ion matrices and their effects on sensitive aquatic species. The ion matrices could be most problematic in the Commonwealth's calcium dominated limestone streams or where the source of chlorides is other than sodium chloride.
The Department is now aware of several studies currently being undertaken to determine chloride toxicity. The Canadian Council of Ministers of the Environment released guidelines for chloride criteria development in 2011. The Stroud Water Research Center also prepared an expert report on ambient water quality criteria for chlorides (Stroud Report #2010004, June 14, 2010). The report concluded that the criteria proposed by the Department may not be protective of sensitive species and as a result they recommended other more protective criteria.
The Department recognizes it needs to conduct a review and evaluation of recent data before adopting a standard, but that it must be done in a timely manner. By a majority vote of 13 to 0 with 1 abstention, WRAC passed the following motion at its November 28, 2012, meeting, encouraging the Department to continue working on chloride criteria: ''WRAC encourages DEP to continue evaluating the chloride criteria with the goal of proposing new criteria preferably prior to the next Triennial review.''
Dissolved Oxygen—In this final-form rulemaking, the Board is revising the proposed language in DO1 to provide clarity to when § 93.7(b) (relating to specific water quality criteria) should be applied. Specifically, ''applied in accordance with subsection (b)'' is moved so that it is clear that both the 7-day average and minimum criteria for naturally reproducing salmonids should be applied in accordance with § 93.7(b).
The Board would like to further clarify that the final regulations for dissolved oxygen criteria apply to flowing, freshwater and the epilimnion of naturally stratified lakes, ponds or impoundments.
Also, in response to a comment received by the Board, ''Salmonid'' is changed to ''salmonid'' since the word is no longer a proper noun and does not need to be capitalized.
Sulfate—The Board is withdrawing the proposed equation-based aquatic life criteria for sulfate. Dr. David Soucek, Ph.D. with the Illinois Natural History Survey is the primary investigator in the research that led to the development of the proposed equation-based sulfate criteria. Dr. Soucek and other leading researchers cautioned that although the toxicological results supporting the proposed sulfate criterion are valid, the test conditions used in the toxicity tests, which led to the development of the sulfate criterion, may not be applicable to all of the Commonwealth's waters. The ionic composition of the test water compared to the natural ionic composition of portions of the Commonwealth's waters differs and that difference is the cause for concern. Sodium (Na2+) was the dominant cation associated with the sulfate (SO42-) anion under the test conditions. In Commonwealth streams, natural sodium (Na2+) concentrations are low while calcium (Ca2+) and magnesium (Mg2+) are more prevalent.
It has been demonstrated that varying the cations affects the toxicity of the sulfate anion in solution. This toxicity difference in response to ionic composition leads to doubts regarding whether the proposed sulfate criteria provides the appropriate level of aquatic life protection from the toxic effects that have been scientifically proven to be associated with elevated sulfate levels. Additionally, Dr. Soucek and other researchers stated that a chronic standard is needed to adequately protect the aquatic life and the proposed standard only included an acute standard.
Although the Board is withdrawing the sulfate proposed criteria, the Department will continue to monitor the quantities of sulfate discharged from various sources and measure stream concentrations while reviewing the developing science on sulfate.
Temperature—The Board is removing the rate of temperature change language from this section. A rate of temperature change provision remains applicable in § 96.6 (relating to heated wastewater discharges) to help control adverse impacts that may result from rapid changes in temperature. The Department continues to be interested in evaluating new science that pertains to a rate of temperature change to protect aquatic organisms.
§ 93.8c. Human health and aquatic life criteria for toxic substances
1,4-Dioxane—Based on comments received that a Statewide criterion is not warranted, the Board is removing the proposed Statewide criterion. The Department will continue to evaluate 1,4-dioxane in this Commonwealth. Additionally, the Department will continue to develop site-specific criteria, as needed, using the best available science.
Molybdenum—The Board is removing the proposed Statewide criterion for molybdenum based on comments received that a Statewide criterion for molybdenum is not warranted. The Department will continue to evaluate molybdenum in this Commonwealth. Additionally, the Department will continue to develop site-specific criteria, as needed, using the best available science.
§ 93.8d. Development of site-specific water quality criteria
The Board is adding language to subsection (f)(1) to be consistent with the revisions to Chapter 92a. This change merely updates cross references.
§ 93.9k. Drainage List K
Staff from the Fish and Boat Commission submitted comments during the public comment period of this triennial review regarding a possible omission of four named streams in § 93.9k: Packers Run, Raups Run, Gaskins Run and Kipps Run.
Gaskins Run, Kipps Run, Raups Run and Packers Run are all currently designated CWF, MF. To be even broader, all tributaries to the (North Branch) Susquehanna River between Mahoning Creek and the West Branch Susquehanna River are CWF, MF. These four tributaries (Gaskins Run, Kipps Run, Raups Run and Packers Run) are included under the current entry for UNTs to Susquehanna River; Basins; Lackawanna River to West Branch Susquehanna River; Luzerne, Columbia, Montour, Northumberland; CWF, MF; None.
After reviewing the history associated with designation in this watershed, all tributaries to the Susquehanna River, both named and unnamed, between Mahoning Creek and West Branch Susquehanna River will be included in a single listing for ''Tributaries to Susquehanna River.'' This is a new change following the proposed rulemaking published at 42 Pa.B. 4367. A more complete discussion of the designation history can be found in the Report to the Environmental Quality Board: Comment and Response Document (February 2013).
F. Benefits, Costs and Compliance
Benefits—Overall, the Commonwealth, its citizens and natural resources will benefit from this final-form rulemaking because it provides the appropriate level of protection to preserve the integrity of existing and designated uses of surface waters in this Commonwealth. Protecting water quality also provides economic value to present and future generations in the form of clean water for multiple water supply uses, recreational opportunities, and human health and aquatic life protection. It is important to realize all benefits and to ensure that activities that depend on surface water or that may affect its chemical, biological and physical integrity may continue in a manner that is environmentally, socially and economically sound.
Compliance costs—The final-form rulemaking may impose additional compliance costs on the regulated community. This final-form rulemaking is necessary to improve total pollution control. The expenditures necessary to meet new compliance requirements may exceed that which is required under existing regulations.
Persons conducting or proposing activities or projects shall comply with the regulatory requirements regarding designated and existing uses. Persons expanding a discharge or adding a new discharge point to a stream could be adversely affected if they need to provide a higher level of treatment to meet the more stringent criteria for selected parameters. These increased costs may take the form of higher engineering, construction or operating costs for facilities. Treatment costs and best management practices are site-specific and depend upon the size of the discharge in relation to the size of the stream and many other factors. Therefore, it is not possible to precisely predict the actual change in costs. Economic impacts would primarily involve the potential for higher treatment costs for new or expanded discharges to streams that are redesignated. The initial costs from technologically improved treatments or best management practices may be offset over time by potential savings from and increased value of improved water quality.
Compliance Assistance Plan—This final-form rulemaking has been developed as part of an established program that has been implemented by the Department since the early 1980s. The amendments are consistent with and based on existing Department regulations regarding compliance.
This final-form rulemaking will be implemented, in part, through the National Pollutant Discharge Elimination System (NPDES) permitting program. Additional compliance actions are not anticipated. Staff is available to assist regulated entities in complying with the regulatory requirements if questions arise.
Paperwork requirements—This final-form rulemaking should not have significant paperwork impact on the Commonwealth, its political subdivisions or the private sector.
G. Pollution Prevention
Water quality standards are a major pollution prevention tool because they protect water quality and designated and existing uses. The final-form rulemaking will be implemented through the Department's permit and approval actions. For example, the NPDES bases effluent limitations and best management practices on the water uses of the stream and the water quality criteria necessary to protect and maintain those uses.
H. Sunset Review
This final-form rulemaking will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 22, 2012, the Department submitted a copy of the notice of proposed rulemaking, published at 42 Pa.B. 4367, to IRRC and the Chairpersons of the Senate and House Environmental Resources and Energy Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on June 19, 2013, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on June 20, 2013, and approved the final-form rulemaking.
J. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law. In addition, a Board hearing was held. All comments were considered.
(3) This final-form rulemaking does not enlarge the purpose of the proposed rulemaking published at 42 Pa.B. 4367.
(4) This final-form rulemaking is necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this order.
K. Order
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapter 93, are amended by amending §§ 93.1, 93.4c, 93.4d, 93.7, 93.8b, 93.8c, 93.8d, 93.9b—93.9i, 93.9k—93.9o, 93.9s, 93.9w and 93.9z to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval and review as to legality and form, as required by law.
(c) The Chairperson shall submit this order and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect upon publication in the Pennsylvania Bulletin.
E. CHRISTOPHER ABRUZZO,
Acting Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 43 Pa.B. 3857 (July 6, 2013).)
(Editor's Note: For a statement of policy rulating to this final-form rulemaking, see 43 Pa.B. 4103 (July 20, 2013).)
Fiscal Note: Fiscal Note 7-475 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE II. WATER RESOURCES
CHAPTER 93. WATER QUALITY STANDARDS
GENERAL PROVISIONS § 93.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Coordinated water quality protective measures—
(i) Legally binding sound land use water quality protective measures coupled with an interest in real estate which expressly provide long-term water quality protection of a watershed corridor.
(ii) Sound land use water quality protective measures include: surface or groundwater source protection zones, enhanced stormwater management measures, wetland protection zones or other measures which provide extraordinary water quality protection.
(iii) Real estate interests include:
(A) Fee interests.
(B) Conservation easements.
(C) Government owned riparian parks or natural areas.
(D) Other interests in land which enhance water quality in a watershed corridor area.
Daily average—The arithmetic average of the samples collected during a continuous 24-hour period.
* * * * * Point source discharge—A pollutant source regulated under the National Pollutant Discharge Elimination System (NPDES) as defined in § 92a.2 (relating to definitions).
* * * * *
ANTIDEGRADATION REQUIREMENTS § 93.4c. Implementation of antidegradation requirements.
(a) Existing use protection.
(1) Procedures.
(i) Existing use protection shall be provided when the Department's evaluation of information (including data gathered at the Department's own initiative, data contained in a petition to change a designated use submitted to the EQB under § 93.4d(a) (relating to processing of petitions, evaluations and assessments to change a designated use), or data considered in the context of a Department permit or approval action) indicates that a surface water attains or has attained an existing use.
(ii) The Department will inform persons who apply for a Department permit or approval which could impact a surface water, during the permit or approval application or review process, of the results of the evaluation of information undertaken under subparagraph (i).
(iii) Interested persons may provide the Department with additional information during the permit or approval application or review process regarding existing use protection for the surface water.
(iv) The Department will make a final determination of existing use protection for the surface water as part of the final permit or approval action.
(2) Endangered or threatened species. If the Department has confirmed the presence, critical habitat, or critical dependence of endangered or threatened Federal or Pennsylvania species in or on a surface water, the Department will ensure protection of the species and critical habitat.
(b) Protection of High Quality and Exceptional Value Waters.
(1) Point source discharges. The following applies to point source discharges to High Quality or Exceptional Value Waters.
(i) Nondischarge alternatives/use of best technologies.
(A) A person proposing a new, additional or increased discharge to High Quality or Exceptional Value Waters shall evaluate nondischarge alternatives to the proposed discharge and use an alternative that is environmentally sound and cost-effective when compared with the cost of the proposed discharge. If a nondischarge alternative is not environmentally sound and cost-effective, a new, additional or increased discharge shall use the best available combination of cost-effective treatment, land disposal, pollution prevention and wastewater reuse technologies.
(B) A person proposing a new, additional or increased discharge to High Quality or Exceptional Value Waters, who has demonstrated that no environmentally sound and cost-effective nondischarge alternative exists under clause (A), shall demonstrate that the discharge will maintain and protect the existing quality of receiving surface waters, except as provided in subparagraph (iii).
(ii) Public participation requirements for discharges to High Quality or Exceptional Value Waters. The following requirements apply to discharges to High Quality or Exceptional Value Waters, as applicable:
(A) The Department will hold a public hearing on a proposed new, additional or increased discharge to Exceptional Value Waters when requested by an interested person on or before the termination of the public comment period on the discharge.
(B) For new or increased point source discharges, in addition to the public participation requirements in §§ 92a.81, 92a.82, 92a.83 and 92a.85, the applicant shall identify the antidegradation classification of the receiving water in the notice of complete application in § 92a.82 (relating to public notice of permit applications and draft permits).
(iii) Social or economic justification (SEJ) in High Quality Waters. The Department may allow a reduction of water quality in a High Quality Water if it finds, after full satisfaction of the intergovernmental coordination and public participation provisions of the Commonwealth's continuing planning process, that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. A reduction in water quality will not be allowed under this subparagraph unless the discharger demonstrates that the High Quality Water will support applicable existing and designated water uses (other than the high quality and exceptional value uses) in § 93.3, Table 1 (relating to protected water uses).
(2) Nonpoint source control. The Department will assure that cost-effective and reasonable best management practices for nonpoint source control are achieved.
(c) Special provisions for sewage facilities in High Quality or Exceptional Value Waters.
(1) SEJ approval in sewage facilities planning and approval in High Quality Waters. A proponent of a new, additional, or increased sewage discharge in High Quality Waters shall include an SEJ impact analysis as part of the proposed revision or update to the official municipal sewage facilities plan under Chapter 71 (relating to administration of sewage facilities planning program). The Department will make a determination regarding the consistency of the SEJ impact analysis with subsection (b)(1)(iii). The determination will constitute the subsection (b)(1)(iii) analysis at the National Pollutant Discharge Elimination System (NPDES) permit review stage under Chapter 92a (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance), unless there is a material change in the project or law between sewage facilities planning and NPDES permitting, in which case the proponent shall recommence sewage facilities planning and perform a new social or economic justification impact analysis.
(2) SEJ for sewage facilities in High Quality Waters correcting existing public health or pollution hazards. A sewage facility, for which no environmentally sound and cost-effective nondischarge alternative is available under subsection (b)(1)(i)(A), proposed to discharge into High Quality Waters, which is designed for the purpose of correcting existing public health or pollution hazards documented by the Department, and approved as part of an official plan or official plan revision under § 71.32 (relating to Department responsibility to review and act upon official plans), satisfies the SEJ requirements in subsection (b)(1)(iii).
(3) Public participation requirements for official sewage facilities plans or revisions to official plans in High Quality or Exceptional Value Waters. A proponent of a sewage facility in High Quality or Exceptional Value Waters seeking approval of an official plan or revision shall comply with the public participation requirements in § 71.53(d)(6) (relating to municipal administration of new land development planning requirements for revisions).
§ 93.4d. Processing of petitions, evaluations and assessments to change a designated use.
(a) Public notice of receipt of petition, or assessment of waters, for High Quality or Exceptional Value Waters redesignation. The Department will publish in the Pennsylvania Bulletin and by other means designed to effectively reach a wide audience notice of receipt of a complete petition which has been accepted by the EQB recommending a High Quality or Exceptional Value Waters redesignation, or notice of the Department's intent to assess surface waters for potential redesignation as High Quality or Exceptional Value Waters. The assessments may be undertaken in response to a petition or on the Department's own initiative. The notice will request submission of information concerning the water quality of the waters subject to the evaluation, or to be assessed, for use by the Department to supplement any studies which have been performed. The Department will send a copy of the notice to all municipalities containing waters subject to the petition or assessment.
(b) Combined public meeting and fact-finding hearing. As part of its review of an evaluation or performance of an assessment, the Department may hold a combined public meeting and fact finding hearing to discuss the evaluation or assessment, including the methodology for the evaluation or assessment, and may solicit information, including technical data, to be considered in the Department's evaluation or assessment.
(c) Submission to EQB to alter designated use. Upon the completion of its assessment or review of a complete evaluation, and the satisfaction of the other applicable requirements of this section, the Department will submit the results of its assessment or review to the EQB for proposed rulemaking following review and comment by the petitioner, if applicable, in accordance with Chapter 23 (relating to Environmental Quality Board policy for processing petitions—statement of policy).
WATER QUALITY CRITERIA § 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. These exceptions 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. Other specific water quality criteria apply 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
Parameter Symbol Criteria Critical Use* * * * * *
Dissolved Oxygen The following specific dissolved oxygen criteria recognize the natural process of stratification in lakes, ponds and impoundments. These criteria apply to flowing freshwater and to the epilimnion of a naturally stratified lake, pond or impoundment. The hypolimnion in a naturally stratified lake, pond or impoundment is protected by the narrative water quality criteria in § 93.6 (relating to general water quality criteria). For nonstratified lakes, ponds or impoundments, the dissolved oxygen criteria apply throughout the lake, pond or impoundment to protect the critical uses. DO1 For flowing waters, 7-day average 6.0 mg/l; minimum 5.0 mg/l. For naturally reproducing salmonid early life stages, applied in accordance with subsection (b), 7-day average 9.0 mg/l; minimum 8.0 mg/l. For lakes, ponds and impoundments, minimum 5.0 mg/l. CWF DO2 7-day average 5.5 mg/l; minimum 5.0 mg/l. WWF DO3 For the period February 15 to July 31 of any year, 7-day average 6.0 mg/l; minimum 5.0 mg/l. For the remainder of the year, 7-day average 5.5 mg/l; minimum 5.0 mg/l. TSF Fluoride F Daily average 2.0 mg/l. PWS * * * * * Temperature Maximum temperatures in the receiving water body resulting from heated waste sources regulated under Chapters 92a, 96 and other sources where temperature limits are necessary to protect designated and existing uses. See the following table. * * * * *
(b) For naturally reproducing salmonids, protected early life stages include embryonic and larval stages and juvenile forms to 30 days after hatching. The DO1 standard for naturally reproducing salmonid early life stages applies October 1 through May 31. The DO1 standard for naturally reproducing salmonid early life stages applies unless it can be demonstrated to the Department's satisfaction, that the following conditions are documented: 1) the absence of young of the year salmonids measuring less than 150 mm in the surface water; and 2) the absence of multiple age classes of salmonids in the surface water. These conditions only apply to salmonids resulting from natural reproduction occurring in the surface waters. Additional biological information may be considered by the Department which evaluates the presence or absence of early life stages.
(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 existing or 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 or 5, the natural quality shall constitute the aquatic life criteria for that segment. All draft natural quality determinations will 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 will, from time to time, submit appropriate amendments to §§ 93.9a—93.9z.
§ 93.8b. Metals criteria.
Dissolved criteria are footnoted in Table 5, and have been developed by applying the most current EPA conversion factors to the total recoverable criteria. The EPA factors are listed in the following Conversion Factors Table.
Conversion Factors Table
Chronic Acute Source Arsenic 1.000 (As3+) 1.000 (As3+) 1,2 Cadmium 1.101672- (ln[H] × 0.041838) 1.136672- (ln[H] × 0.041838) 2 Chromium III 0.860 0.316 1,2 Chromium VI 0.962 0.982 1,2 Copper 0.960 0.960 1,2 Lead* 1.46203- (ln[H] × 0.145712 2 Mercury 0.85 0.85 1,2 Nickel 0.997 0.998 1,2 Selenium 0.922 0.922 1 Silver N/A 0.85 2 Zinc 0.986 0.978 1,2 * Conversion factor applies to both acute and chronic criteria.
Source 1—Final Water Quality Guidance for the Great Lakes System (60 FR 15366, March 23, 1995)
Source 2—Establishment of Numeric Criteria for Priority Pollutants; Revision of Metals Criteria—Interim Final Rule (60 FR 22229, May 4, 1995)
§ 93.8c. Human health and aquatic life criteria for toxic substances.
* * * * *
TABLE 5
WATER QUALITY CRITERIA FOR TOXIC SUBSTANCES
Fish and Aquatic Life Criteria
PP
NOChemical Name CAS Number Criteria Continuous
Concentrations (ug/L)Criteria Maximum
Concentration (ug/L)Human Health Criteria (ug/L) * * * * *
9A PENTACHLORO-PHENOL 00087865 Exp(1.005×[pH]-5.134) Exp(1.005×[pH]-4.869) 0.27 CRL @pH= 6.5 7.8 9.0 @pH= 6.5 7.8 9.0 Crit= 4.1 15 50 Crit= 5.3 19 65 10A PHENOL 00108952 N/A N/A 10400 H 11A 2,4,6-TRICHLOROPHENOL 00088062 91 460 1.4 CRL 1V ACROLEIN 00107028 3.0 3.0 6.0 H 2V ACRYLONITRILE 00107131 130 650 0.051 CRL * * * * *
26V 1,2 trans-DICHLORO- ETHYLENE 00156605 1400 6800 140 H — 1,2 cis-DICHLORO-ETHYLENE 00156592 N/A N/A 12 H 27V 1,1,1-TRICHLORO-ETHANE 00071556 610 3000 N/A - * * * * *
— ACETONE 00067641 86000 450000 3500 H — ACRYLAMIDE 00079061 N/A N/A 0.07 CRL — ALUMINUM 07429905 N/A 750 N/A - — BARIUM 07440393 4100 21000 2400 H — BENZENE METADISULFONIC ACID 00098486 1600000 2600000 N/A - — BENZENE MONOSULFONIC ACID 00098113 1200000 2000000 N/A - — BENZYL CHLORIDE 00100447 N/A N/A 0.2 CRL — BORON 07440428 1600 8100 3100 H — 2-BUTOXY ETHANOL 00111762 N/A N/A 700 H — COBALT 07440484 19 95 N/A - — p-CRESOL 00106445 160 800 N/A - — CYCLOHEXYLAMINE 00108918 N/A N/A 1000 H — DIAZINON 00333415 0.17 0.17 N/A - — FORMALDEHYDE 00050000 440 2200 700 H — 2-HEXANONE 00591786 4300 21000 N/A - — LITHIUM 07439932 N/A N/A N/A - — METHYLETHYL KETONE 00078933 32000 230000 21000 H — METHYLISO-BUTYL KETONE 00108101 5000 26000 N/A - — METOLACHLOR 51218452 N/A N/A 69 H — NONYLPHENOL 00104405 6.6 28 N/A - — P-PHENOL SULFONIC ACID 00098679 1400000 3500000 N/A - — I-PROPANOL 00071238 46000 230000 N/A - — 2-PROPANOL 00067630 89000 440000 N/A - — RESORCINOL 01084603 7200 28000 2700 H — STRONTIUM 07440246 N/A N/A 4000 H — 1,2,3-TRICHLORO-PROPANE 00096184 N/A N/A 210 H — 1,2,4-TRIMETHYLBENZENE 00095636 N/A N/A 72 H — 1,3,5-TRIMETHYLBENZENE 00108678 N/A N/A 72 H — VANADIUM 07440622 100 510 N/A - — XYLENE 01330207 210 1100 70000 H * * * * * § 93.8d. Development of site-specific water quality criteria.
* * * * * (f) If the Department determines that site-specific criteria are appropriate in accordance with subsection (a), the Department will do the following:
(1) Publish the site-specific criterion in the Pennsylvania Bulletin, along with other special conditions under § 92a.82(b)(3) (relating to public notice of permit applications and draft permits) and provide for public participation and public hearing in accordance with §§ 92a.81, 92a.82, 92a.83 and 92a.85.
* * * * *
DESIGNATED WATER USES AND WATER QUALITY CRITERIA § 93.9b. Drainage List B.
Delaware River Basin in Pennsylvania
Lackawaxen River
Stream Zone County Water Uses Protected Exceptions
to Specific
Criteria1—Delaware River 2—Lackawaxen River 3—West Branch Lackawaxen River Basin, Source to Prompton Reservoir Wayne HQ-CWF, MF None 3—West Branch Lackawaxen River Main Stem, Prompton Reservoir to Confluence with Lackawaxen River and Van Auken Creek Wayne HQ-TSF, MF None 4—Tributaries to West Branch Lackawaxen River Basins, Prompton Reservoir to Confluence with Lackawaxen River and Van Auken Creek Wayne HQ-CWF, MF None 3—Van Auken Creek Basin Wayne HQ-TSF, MF None 2—Lackawaxen River Mainstem, confluence of West Branch Lackawaxen River and Van Auken Creek to Dyberry Creek Wayne HQ-TSF, MF None 3—Tributaries to Lackawaxen River Basins, confluence of West Branch Lackawaxen River and Van Auken Creek to Dyberry Creek Wayne HQ-CWF, MF None 3—Dyberry Creek 4—West Branch Dyberry Creek Basin Wayne HQ-CWF, MF None 4—East Branch Dyberry Creek Basin Wayne EV, MF None 3—Dyberry Creek Basin, Confluence of West Branch Dyberry Creek and East Branch Dyberry Creek to Big Brook Wayne HQ-CWF, MF None 4—Big Brook Basin Wayne EV, MF None 3—Dyberry Creek Basin, Big Brook to Mouth Wayne HQ-CWF, MF None 2—Lackawaxen River Main Stem, Dyberry Creek to Mouth Wayne HQ-TSF, MF None 3—Tributaries to Lackawaxen River Basins, Dyberry Creek to Wallenpaupack Creek Wayne HQ-CWF, MF None 3—Wallenpaupack Creek Basin, Source to Lake Wallenpaupack Dam Wayne-Pike HQ-CWF, MF None 3—Wallenpaupack Creek Basin, Lake Wallenpaupack Dam to Mouth Wayne-Pike HQ-WWF, MF None 3—Tributaries to Lackawaxen River Wallenpaupack Creek to Mouth Pike HQ-CWF, MF None § 93.9c. Drainage List C.
Delaware River Basin in Pennsylvania
Delaware River
Stream Zone County Water Uses Protected Exceptions
to Specific
Criteria* * * * *
3—Pine Mountain Run Basin Monroe HQ-CWF, MF None 3—Leas Run Basin Monroe HQ-CWF, MF None 3—Paradise Creek Basin, source to Devils Hole Creek Monroe HQ-CWF, MF None 4—Devils Hole Creek Basin, Source to South Boundary of State Game Lands No. 221 (about 0.25 mile north of Erie-Lackawanna R. R.) Monroe EV, MF None 4—Devils Hole Creek Basin, South Boundary of State Game Lands No. 221 to Mouth Monroe HQ-CWF, MF None 3—Paradise Creek Basin, Devils Hole Creek to Mouth Monroe HQ-CWF, MF None 3—Michael Creek Basin Monroe HQ-CWF, MF None * * * * *
3—McMichael Creek Basin, T434 to Pocono Creek Monroe HQ-CWF, MF None 4—Pocono Creek 5—Dry Sawmill Run Basin, Source to Sand Spring Run Monroe HQ-CWF, MF None 6—Sand Spring Run Basin Monroe EV, MF None 5—Dry Sawmill Run Basin, Sand Spring Run to confluence with Wolf Swamp Run Monroe HQ-CWF, MF None 5—Wolf Swamp Run Basin, Source to a Confluence Point (41°3`35.2" N; 75°22`2.4"W) approximately 185 meters upstream of the mouth Monroe EV, MF None 5—Wolf Swamp Run Basin, Point of Confluence (41°3`35.2" N; 75°22`2.4"W) Downstream to Confluence with Dry Sawmill Run Monroe HQ-CWF, MF None 4—Pocono Creek Basin, Confluence of Dry Sawmill Run and Wolf Swamp Run to Mouth Monroe HQ-CWF, MF None 3—McMichael Creek Basin, Pocono Creek to Mouth Monroe TSF, MF None * * * * *
2—Slateford Creek Basin, Source to T 735 Bridge Northampton EV, MF None 2—Slateford Creek Basin, T 735 Bridge to Mouth Northampton CWF, MF None * * * * * § 93.9d. Drainage List D.
Delaware River Basin in Pennsylvania
Lehigh River
Stream Zone County Water Uses Protected Exceptions
to Specific
Criteria* * * * *
3—Saucon Creek Main Stem, Black River to SR 412 Bridge Northampton HQ-CWF, MF None 4—Unnamed Tributaries to Saucon Creek Basins, Black River to SR 412 Bridge Northampton CWF, MF None 3—Saucon Creek Basin, SR 412 Bridge to Mouth Northampton CWF, MF None * * * * * § 93.9e. Drainage List E.
Delaware River Basin in Pennsylvania
Delaware River
Stream Zone County Water Uses Protected Exceptions
To Specific
Criteria* * * * * 3—Little Neshaminy Creek Basin Bucks WWF, MF Add Tur1 3—Mill Creek 4—Lahaska Creek Basin Bucks CWF, MF Add Tur2 4—Watson Creek Basin Bucks CWF, MF Add Tur2 3—Mill Creek Basin, Confluence of Lahaska Creek and Watson Creek to Mouth Bucks WWF, MF Add Tur1 * * * * * § 93.9f. Drainage List F.
Delaware River Basin in Pennsylvania
Schuylkill River
Stream Zone County Water Uses Protected Exceptions
to Specific
Criteria* * * * *
3—Little Schuylkill River Basin, Rattling Run to Mouth Schuylkill CWF, MF None 2—Schuylkill River Main Stem, Little Schuylkill River to Valley Creek Montgomery-
ChesterWWF, MF None 3—Unnamed Tributaries to Schuylkill River Basins, Little Schuylkill River to Berks-Chester-Montgomery County Border Schuylkill-
BerksWWF, MF None * * * * *
3—Monocacy Creek Basin Berks WWF, MF None 3—Leaf Creek Basin Berks WWF, MF None 3—UNTs Schuylkill River Basins (all UNTs along Montgomery County shore), Berks-Chester-Montgomery County Border to Valley Creek Montgomery WWF, MF None * * * * * 3—Pickering Creek Basin, Philadelphia Suburban Water Company Dam to Mouth Chester WWF, MF None 3—Crossmans Run Basin Montgomery WWF, MF None 3—Perkiomen Creek Basin, Source to SR 1010 Bridge at Hereford Berks HQ-CWF, MF None * * * * * 3—Valley Creek Basin Montgomery-
ChesterEV, MF None 2—Schuylkill River Basin, Valley Creek to Stony Creek Montgomery WWF, MF None 3—Stony Creek Basin Montgomery TSF, MF None 2—Schuylkill River Basin, Stony Creek to UNT 00926 Montgomery WWF, MF None 3—UNT 00926 at RM 18.9 (locally Spring Mill Run) Basin Montgomery CWF, MF None 2—Schuylkill River Basin, UNT 00926 downstream to Mill Creek Montgomery-
PhiladelphiaWWF, MF None 3—Mill Creek Basin Montgomery TSF, MF None 2—Schuylkill River Basin, Mill Creek to Wissahickon Creek Montgomery-
PhiladelphiaWWF, MF None 3—Wissahickon Creek Basin Philadelphia TSF, MF None 2—Schuylkill River Basin, Wissahickon Creek to Head of Tide Philadelphia WWF, MF None § 93.9g. Drainage List G.
Delaware River Basin in Pennsylvania
Delaware River
Stream Zone County Water Uses Protected Exceptions
to Specific
Criteria* * * * *
3—White Clay Creek 4—East Branch White Clay Creek Basin, Source to Northern Border of Avondale Borough Chester EV, MF None 4—East Branch White Clay Creek Basin, Northern Border of Avondale Borough to Confluence with Middle Branch Chester CWF, MF None * * * * * 5—Unnamed Tributaries to West Branch Brandywine Creek Basins, T 437 Bridge to Dam at Valley Station (except those in West Brandywine Township) Chester TSF, MF None 5—Tributaries to West Branch Brandywine Creek Basins, all portions in West Brandywine Township Chester HQ-TSF, MF None 5—Birch Run Basin, Source to Hibernia Park Dam Chester HQ-CWF, MF None * * * * * § 93.9h. Drainage List H.
Susquehanna River Basin in Pennsylvania
Tioga River
Stream Zone County Water Uses Protected Exceptions
to Specific
Criteria* * * * *
2—Tioga River Basin, Mill Creek to Crooked Creek Tioga CWF, MF None 3—Crooked Creek Basin, Source to Norris Brook Tioga WWF, MF None 3—Crooked Creek Main Stem, Norris Brook to Mouth Tioga WWF, MF None 4—Unnamed Tributaries to Crooked Creek Basins, Norris Brook to Mouth Tioga WWF, MF None 4—Norris Brook Basin Tioga TSF, MF None 4—Sweet Hollow Basin Tioga WWF, MF None * * * * * § 93.9i. Drainage List I.
Susquehanna River Basin in Pennsylvania
Susquehanna River
Stream Zone County Water Uses Protected Exceptions
to Specific
Criteria* * * * *
3—Alba Creek Basin Bradford CWF, MF None 3—Beech Flats Creek Basin Bradford CWF, MF None 3—Wallace Brook Basin Bradford CWF, MF None 3—Gulf Brook Basin Bradford CWF, MF None 3—North Branch Towanda Creek Basin Bradford CWF, MF None * * * * *
3—Schrader Creek Basin, Coal Run to Mouth Bradford HQ-CWF, MF None 3—French Run Basin Bradford CWF, MF None 3—South Branch Towanda Creek Basin Bradford CWF, MF None * * * * * § 93.9k. Drainage List K.
Susquehanna River Basin in Pennsylvania
Susquehanna River
Stream Zone County Water Uses Protected Exceptions
to Specific
Criteria
1—Susquehanna River Main Stem, Lackawanna River to West Branch Susquehanna River Northumberland WWF, MF None 2—Unnamed Tributaries To Susquehanna River Basins, Lackawanna River to Mahoning Creek Luzerne-Columbia- Montour- Northumberland CWF, MF None 2—Abrahams Creek Basin Luzerne CWF, MF None * * * * *
2—Toby Run Basin Montour CWF, MF None 2—Mahoning Creek Main Stem, Source to PA 54 Bridge Montour TSF, MF None 3—Unnamed Tributaries to Mahoning Creek Basins, Source to PA 54 Bridge Montour CWF, MF None 3—Kase Run Basin Montour CWF, MF None 3—Mauses Creek Basin Montour CWF, MF None 2—Mahoning Creek Main Stem, PA 54 Bridge to Mouth Montour WWF, MF None 3—Unnamed Tributaries to Mahoning Creek Basins, PA 54 Bridge to Mouth Montour CWF, MF None 3—Sechler Run Basin Montour CWF, MF None 2—Tributaries to Susquehanna River Basins, Mahoning Creek to West Branch Susquehanna River Montour-
NorthumberlandCWF, MF None § 93.9l. Drainage List L.
Susquehanna River Basin in Pennsylvania
West Branch Susquehanna River
Stream Zone County Water Uses Protected Exceptions
to Specific
Criteria* * * * *
4—Commissioners Run Basin Clinton HQ-CWF, MF None 4—Wistar Run Basin Clinton HQ-CWF, MF None 4—Moccasin Run (Moccasin Falls Run) Basin Clinton HQ-CWF, MF None * * * * *
4—Mill Creek Basin Tioga HQ-CWF, MF None 4—Roaring Branch Basin Tioga HQ-CWF, MF None 4—Abbott Run Basin Lycoming HQ-CWF, MF None * * * * *
5—Mock Creek Basin Lycoming HQ-CWF, MF None 5—Noon Branch Basin, Source to Wolf Run Lycoming EV, MF None 6—Wolf Run Basin Lycoming HQ-CWF, MF None 5—Noon Branch Basin, Wolf Run to Mouth Lycoming HQ-CWF, MF None 5—King Run Basin, Source to Engle Run Lycoming HQ-CWF, MF None * * * * * § 93.9m. Drainage List M.
Susquehanna River Basin in Pennsylvania
Susquehanna River
Stream Zone County Water Uses Protected Exceptions
to Specific
Criteria* * * * *
2—Penns Creek Main Stem, Laurel Run to Mouth Snyder WWF, MF None 3—Unnamed Tributaries to Penns Creek Basins, Laurel Run to RM 26.50 Union CWF, MF None * * * * *
3—Crab Run Basin Schuylkill CWF, MF None 3—Zerbe Run Basin Northumberland CWF, MF None 3—Schwaben Creek Basin Northumberland TSF, MF None * * * * * § 93.9n. Drainage List N.
Susquehanna River Basin in Pennsylvania
Juniata River
Stream Zone County Water Uses Protected Exceptions
to Specific
Criteria* * * * *
5—Stone Creek Basin, UNT 14908 to Mouth Bedford CWF, MF None 5—Bobs Creek Basin, Source to Pavia Run Bedford HQ-CWF, MF None 6—Pavia Run Basin Bedford HQ-CWF, MF None 5—Bobs Creek Basin, Pavia Run to Mouth Bedford CWF, MF None 5—Adams Run Basin Bedford WWF, MF None * * * * * § 93.9o. Drainage List O.
Susquehanna River Basin in Pennsylvania
Susquehanna River
Stream Zone County Water Uses Protected Exceptions
to Specific
Criteria* * * * *
3—Unnamed Tributaries to Conodoguinet Creek Basins, PA 997 at Roxbury to Mouth Franklin-
CumberlandWWF, MF None 3—Muddy Run Basin, Source to Rowe Run Franklin WWF, MF None 4—Rowe Run Basin Franklin CWF, MF None 3—Muddy Run Basin, Rowe Run to Mouth Franklin WWF, MF None 3—Middle Spring Creek Basin Franklin-
CumberlandCWF, MF None * * * * * 3—Stoverstown Branch Basin York WWF, MF None 3—South Branch Codorus Creek Basin, source to UNT from Glen Rock Valley at RM 16.85 York WWF, MF None 4—UNT to South Branch Codorus Creek Through Glen Rock Valley Basin York CWF, MF None 3—South Branch Codorus Creek Basin, UNT from Glen Rock Valley to East Branch Codorus Creek York WWF, MF None 4—East Branch Codorus Creek Basin, Source to PA 214 York HQ-CWF, MF None 4—East Branch Codorus Creek Basin, PA 214 to Inlet of Lake Redman York CWF, MF None 4—East Branch Codorus Creek Main Stem, Inlet of Lake Redman to Mouth York WWF, MF None 5—UNTs to East Branch Codorus Creek Basins, Inlet of Lake Redman to Mouth York CWF, MF None 5—Inners Creek Basin York CWF, MF None 3—South Branch Codorus Creek Basin, East Branch Codorus Creek to Mouth York WWF, MF None 3—Willis Run Basin York WWF, MF None * * * * *
2—Pequea Creek Main Stem, Source to PA 897 Lancaster HQ-CWF, MF None 3—Unnamed Tributaries to Pequea Creek Basins, Source to PA 897 Lancaster HQ-CWF, MF None 3—Indian Spring Run Basin, Source to SR 10 Bridge Chester EV, MF None 3—Indian Spring Run Basin, SR 10 Bridge to Confluence of UNT 07540 at RM 1.95 Lancaster CWF, MF None 4—UNT 07540 at RM 1.95
to Indian Spring RunBasin, Source to SR 10 Bridge Chester HQ-CWF, MF None 4—UNT 07540 at RM 1.95
to Indian Spring RunBasin, SR 10 Bridge to Mouth Lancaster CWF, MF None 3—Indian Spring Run Basin, UNT 07540 at RM 1.95 to Mouth Lancaster CWF, MF None 2—Pequea Creek Main Stem, PA 897 to Mouth Lancaster WWF, MF None 3—Unnamed Tributaries to Pequea Creek Basins, PA 897 to Eshleman Run Lancaster CWF, MF None 3—White Horse Run Basin Lancaster WWF, MF None * * * * *
2—Peters Creek Basin Lancaster HQ-WWF, MF None 2—Haines Branch Basin Lancaster HQ-WWF, MF None 2—Michael Run Basin (all sections in PA) York WWF, MF None * * * * * § 93.9s. Drainage List S.
Ohio River Basin in Pennsylvania
Allegheny River
Stream Zone County Water Uses Protected Exceptions
to Specific
Criteria* * * * *
5—Reisinger Run Basin Clearfield CWF None 5—Pentz Run Basin Clearfield CWF None 5—Beaver Run Basin Clearfield CWF None * * * * * 4—North Fork Redbank Creek Basin, Source to South Branch of North Fork Redbank Creek Jefferson HQ-CWF None 5—South Branch of North Fork Redbank Creek Basin Jefferson EV None 4—North Fork Redbank Creek Basin, South Branch of North Fork Redbank Creek to Shippen Run Jefferson HQ-CWF None 5—Shippen Run Basin Jefferson EV None 4—North Fork Redbank Creek Basin, Shippen Run to Craft Run Jefferson HQ-CWF None 5—Craft Run Basin Jefferson EV None 4—North Fork Redbank Creek Basin, Craft Run to Mouth Jefferson HQ-CWF None 3—Redbank Creek Main Stem, Confluence of Sandy Lick Creek and North Fork to Mouth Armstrong TSF None * * * * * § 93.9w. Drainage List W.
Ohio River Basin in Pennsylvania
Ohio River
Stream Zone County Water Uses Protected Exceptions
to Specific
Criteria* * * * *
3—Enlow Fork Main Stem, Source to PA-WV State Border Washington-
GreeneTSF None 4—Tributaries to Enlow Fork Basins, Source to Templeton Fork Washington-
GreeneWWF None 4—Templeton Fork Basin Washington TSF None 4—Tributaries to Enlow Fork Basins, Templeton Fork to PA-WV State Border (all sections in PA) Washington-
GreeneWWF None 3—Enlow Fork (WV) * * * * * § 93.9z. Drainage List Z.
Potomac River Basin in Pennsylvania
Potomac River
Stream Zone County Water Uses Protected Exceptions
to Specific
Criteria* * * * *
2—Antietam Creek (MD) 3—Unnamed Tributaries to Antietam Creek Basins (all sections in PA), PA-MD State Border to Mouth Franklin WWF, MF None 3—Marsh Run Basin (all sections in PA) Franklin WWF, MF None 2—Monocacy River (MD) 3—Marsh Creek Basin, Source to Willoughby Run Adams CWF, MF None 4—Willoughby Run Basin Adams WWF, MF None 3—Marsh Creek Basin, Willoughby Run to PA-MD State Border Adams CWF, MF None 3—Marsh Creek MD 4—Unnamed Tributaries to Marsh Creek Basins (all sections in PA) PA-MD State Border to confluence with Marsh Creek and Monocacy River Adams CWF, MF None 3—Rock Creek Basin (all sections in PA), source to confluence with Marsh Creek and Monocacy River Adams WWF, MF None 3—Alloway Creek Basin (all sections in PA) Adams WWF, MF None 3—Cattail Branch Basin (all sections in PA) Adams WWF, MF None * * * * *
[Pa.B. Doc. No. 13-1327. Filed for public inspection July 19, 2013, 9:00 a.m.]
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