PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[ 25 PA. CODE CH. 93 ]
Water Quality Standards; Class A Stream Redesig- nations
[46 Pa.B. 1205]
[Saturday, March 5, 2016]The Environmental Quality Board (Board) proposes to amend §§ 93.9a, 93.9c, 93.9d, 93.9e, 93.9f, 93.9h, 93.9i, 93.9k, 93.9l, 93.9n, 93.9o, 93.9p, 93.9q and 93.9t to read as set forth in Annex A. The proposed rulemaking fulfills the Commonwealth's obligations under State and Federal law to review and revise, as necessary, water quality standards that are protective of surface waters.
This proposed rulemaking was adopted by the Board at its meeting of November 17, 2015.
A. Effective Date
This proposed rulemaking will go into effect upon final-form publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information, contact Rodney Kime, Bureau of Clean Water, 11th Floor, Rachel Carson State Office Building, P. O. Box 8774, 400 Market Street, 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 by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposed rulemaking is available on the Department of Environmental Protection's (Department) web site at www.dep.pa.gov (select ''Public Participation,'' then ''Environmental Quality Board (EQB)'').
C. Statutory and Regulatory Authority
This proposed rulemaking is being made under the authority of sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. §§ 691.5(b)(1) and 691.402), which authorize the Board to develop and adopt rules and regulations to implement the provisions of The Clean Streams Law (35 P. S. §§ 691.1—691.1001), 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.
D. Background and Purpose
Water quality standards are in-stream water quality goals that are implemented by imposing specific regulatory requirements (such as treatment requirements, effluent limits and best management practices (BMP)) on individual sources of pollution. Section 303(c)(1) of the Federal Clean Water Act requires states to periodically review and revise, as necessary, water quality standards. Water quality standards include designated uses, numeric and narrative criteria, and antidegradation requirements for surface waters. These proposed amendments are the result of stream evaluations conducted by the Department.
The Department may identify candidate streams for redesignation of uses during routine waterbody investigations. Requests for consideration may also be initiated by other agencies. Members of the public may submit a rulemaking petition to the Board. These proposed amendments are the result of stream evaluations conducted by the Department in response to a submittal of data from the Fish and Boat Commission (FBC) under § 93.4c (relating to implementation of antidegradation requirements). Section 93.4c(a)(1) pertains to the process for changing a designated use of a stream. In this proposed rulemaking, redesignations rely on § 93.4b(a)(2)(ii) (relating to qualifying as High Quality or Exceptional Value Waters) to qualify streams for High Quality (HQ) designations based upon their classifications as Class A wild trout streams. A surface water that has been classified a Class A wild trout stream by the FBC, based on species-specific biomass standards, and following public notice and comment, qualifies for HQ designation. The FBC published notice and requested comments on the Class A designation of these streams. The Commissioners of the FBC approved these waters after public notice and comment.
The Department considers candidates for HQ or Exceptional Value (EV) Waters and all other designations in its ongoing review of water quality standards. In general, HQ and EV waters must be maintained at their existing quality, and permitted activities shall ensure the protection of designated and existing uses. The purpose of this proposed rulemaking is to update the designated uses so that the surface waters of the Commonwealth are afforded the appropriate level of protection.
Existing use protection is provided when the Department determines, based on its evaluation of the best available scientific information, that a surface water attains water uses identified in § 93.3 (relating to protected water uses). Examples of water uses protected include Cold Water Fishes (CWF), Warm Water Fishes (WWF), HQ and EV. A final existing use determination is made on a surface water at the time the Department takes a permit or approval action on a request to conduct an activity that may impact surface water. If the determination demonstrates that the existing use is different than the designated use, the water body will immediately receive the best protection identified by either the attained uses or the designated uses. A stream will then be ''redesignated'' through the rulemaking process to match the existing uses with the designated uses. For example, if the designated use of a stream is listed as protecting WWF but the redesignation evaluation demonstrates that the water attains the use of CWF, the stream would immediately be protected for CWF prior to a rulemaking. Once the Department determines the water uses attained by a surface water, the Department will recommend to the Board that the existing uses be made ''designated'' uses, through rulemaking, and be added to the list of uses identified in § 93.9 (relating to designated water uses and water quality criteria).
E. Summary of Regulatory Requirements
Department staff conducted an independent review of the trout biomass data in the FBC's fisheries management reports for streams throughout this Commonwealth. This review was conducted to ensure that the HQ criteria were met. The Department gave notice in the Pennsylvania Bulletin and on its web site that an evaluation was tobe conducted on all or portions of the subject streams to determine the proper Aquatic Life Use or Special Protection designations in the Commonwealth's Water Quality Standards. Persons who had technical data concerning the water quality, instream habitat or biological conditions of these stream sections were encouraged to make the data available to the Department for consideration in the assessment. Potentially affected municipalities were also notified by letter of the stream evaluations and asked to provide any readily available data. No data or comments were received in response to these notices.
The affected municipalities, county planning commissions, County Conservation Districts and other State agencies were later notified of the availability of a draft evaluation report for their review and comment. Six stakeholders offered comments during the 45-day comment period, three in support and three in opposition.
The draft stream evaluation report was also made available on the Department's web site and offered an opportunity for 30-day public review and comment.
All data and comments received in response to these notifications were considered in the determination of the Department's recommendations.
Copies of the Department's stream evaluation report for these waterbodies are available on the Department's web site or from the contact persons listed in Section B of this preamble. Copies of the FBC fisheries management reports for these streams are available from Rodney Kime, whose address and telephone number are listed in Section B of this preamble. The data and information collected on these waterbodies support the Board's proposed rulemaking as set forth in Annex A.
During the Department's review of stream data, it discovered listing errors in § 93.9. First, the Board is proposing to correct an error in § 93.9d (relating to Drainage List D). The listing in § 93.9d for a very short segment of Pohopoco Creek main stem which extends from the mouth of Middle Creek to the SR 209 bridge at Kresgeville says that it is HQ-CWF, MF and it also incorrectly states that the same segment is CWF, MF. The correct designation for this portion of Pohopoco Creek is HQ-CWF, MF based on its current classification by the FBC, and the Department's review of the data, as a Class A Wild Trout Water.
Second, the Board is proposing to correct an error in § 93.9k (relating to Drainage List K). Portions of Little Nesocopeck Creek (above State Route 309) and Creasy Creek were included with the data submittal from the FBC. However, these portions of the upper Nescopeck Creek basin are already designated HQ-CWF, MF; therefore, a change is not necessary. The entire upper Nescopeck Creek basin above State Route 309 Bridge is HQ-CWF, MF according to the first entry for the Nescopeck Creek in § 93.9k. This entry designates the main stem of the Nescopeck Creek and all of its tributaries upstream of SR 309 as HQ-CWF, MF. When reviewing the drainage list, the Department discovered duplicative listings for Creasy Creek, Little Nescopeck Creek and Oley Creek which are improperly located below the SR 309 bridge in § 93.9k. The listing errors for Creasy, Little Nescopeck and Oley Creeks should be corrected because their mouths are actually geographically located upstream of the SR 309 bridge and, therefore, should have the HQ designated use.
The Board is also proposing to correct some stream names as they appear in § 93.9k. The United States Geologic Survey maintains the National Hydrography Dataset (NHD) Flowline. The stream nomenclature and the fluvial geomorphology given in the Pennsylvania Code are governed by the NHD Flowline. These corrections are being proposed to maintain consistency between the Pennsylvania Code and the NHD Flowline. The NHD Flowline now recognizes some portions of the upper Wapwallopen Creek basin as Balliet Run and some of the lower portions of the Wapwallopen Creek are now Big Wapwallopen Creek.
Finally, the Board is proposing that all references to river mile indexes (RMI) in this proposed rulemaking are to be converted to a set of coordinates (latitude and longitude), with the eventual goal to be the conversion of all RMIs in the drainage lists in §§ 93.9a—93.9z to the coordinate system. Department staff recognizes the RMI system to be antiquated. When determining the RMI, it is possible to derive differing RMIs depending on the technique used. It is easy to consistently determine the latitude and longitude along any point of a stream or river while an individual is in the field with a hand-held GPS unit or using a GIS software application (the Department standard projected coordinate system is PA_Albers_Equal_Area_Conic; and the geographic coordinate system is North American Datum 1983 or NAD 1983). It is very difficult to determine the RMI while in the field. Referring to the latitude and longitude will make it much easier for the regulated community to apply the zone description in § 93.9 to their particular project and determine whether their project discharges within the referenced stream zone.
F. Benefits, Costs and Compliance
Benefits
Overall, the Commonwealth, its citizens and natural resources will benefit from this proposed 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 provides economic value to present and future generations in the form of a clean water supply for human consumption, wildlife, irrigation and industrial use; recreational opportunities such as fishing (also for consumption), water contact sports and boating; and aquatic life protection. It is important to realize these benefits and to ensure opportunities and activities continue in a manner that is environmentally, socially and economically sound. Maintenance of water quality ensures its future availability for all uses.
Compliance costs
The proposed amendments to Chapter 93 (relating to water quality standards) may impose additional compliance costs on the regulated community. This proposed 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.
The proposed redesignations will be implemented through the Department's permit and approval actions. 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 or BMPs to meet the designated and existing uses of the stream. For example, these increased costs may take the form of higher engineering, construction or operating cost for point source discharges. Treatment costs and BMPs are site-specific and depend upon the size of the discharge inrelation to the size of the stream and many other factors. It is therefore 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 resulting from the installation of technologically advanced wastewater treatment processes and BMPs may be offset by potential savings from and increased value of improved water quality through more cost-effective and efficient treatment over time.
Compliance Assistance Plan
This proposed rulemaking has been developed as part of an established program that has been implemented by the Department since the early 1980s. The proposed amendments are consistent with and based on existing Department regulations. The proposed amendments extend additional protection to selected waterbodies that exhibit high water quality and are consistent with antidegradation requirements established by the Federal Clean Water Act (33 U.S.C.A. §§ 1251—1388) and The Clean Streams Law. All surface waters in this Commonwealth are afforded a minimum level of protection through compliance with the water quality standards, which prevent pollution and protect existing water uses.
The proposed amendments will be implemented through the Department's permit and approval actions. For example, the National Pollutant Discharge Elimination System (NPDES) permitting program bases effluent limitations on the uses of the stream. These permit conditions are established to assure water quality is protected and maintained. New and expanded dischargers with water quality based effluent limitations are required to provide effluent treatment according to the water quality.
Paperwork requirements
This proposed rulemaking should not have new direct paperwork impact on the Commonwealth, local governments and political subdivisions, or the private sector. This proposed rulemaking is based on existing Department regulations and simply mirrors the existing use protection that is already in place for these streams. There may be some indirect paperwork requirements for new or expanding dischargers to streams upgraded to HQ or EV. For example, NPDES general permits are not currently available for new or expanded discharges to these streams. Thus an individual permit, and its associated paperwork, would be required. Additionally, paperwork associated with demonstrating social and economic justification may be required for new or expanded discharges to certain HQ waters, and consideration of nondischarge alternatives is required for all new or expanded discharges to EV and HQ waters.
G. Pollution Prevention
The Federal Pollution Prevention Act of 1990 (42 U.S.C.A. §§ 13101—13109) established a National policy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally-friendly materials, more efficient use of raw materials and the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance. This proposed rulemaking has incorporated the following pollution prevention incentives.
The water quality standards and antidegradation program are major pollution prevention tools because the objective is to prevent degradation by maintaining and protecting existing water quality and existing uses. Although the antidegradation program does not prohibit new or expanded wastewater discharges, nondischarge alternatives must be evaluated and are required when environmentally sound and cost effective. Nondischarge alternatives, when implemented, remove impacts to surface water and may reduce the overall level of pollution to the environment by remediation of the effluent through the soil. In addition, if no environmentally sound and cost-effective alternatives are available, discharges must be nondegrading except when in accordance with § 93.4c(b)(1)(iii).
H. Sunset Review
These regulations 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 February 23, 2016, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Environmental Resources and Energy Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b) which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
J. Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to the Board. Comments, suggestions or objections must be received by the Board by April 11, 2016. In addition to the submission of comments, interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by the Board by April 11, 2016. The one-page summary will be distributed to the Board and available publicly prior to the meeting when the final-form rulemaking will be considered.
Comments including the submission of a one-page summary of comments may be submitted to the Board online, by e-mail, by mail or express mail as follows. If an acknowledgement of comments submitted online or by e-mail is not received by the sender within 2 working days, the comments should be retransmitted to the Board to ensure receipt. Comments submitted by facsimile will not be accepted.
Comments may be submitted to the Board by accessing eComment at http://www.ahs.dep.pa.gov/eComment.
Comments may be submitted to the Board by e-mail at RegComments@pa.gov. A subject heading of the proposed rulemaking and a return name and address must be included in each transmission.
Written comments should be mailed to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477. Express mail should be sent to the Environmental Quality Board, Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17101-2301.
K. Public Hearings
If sufficient interest is generated as a result of this proposed rulemaking, a public hearing will be scheduled at an appropriate location to receive additional comments.
JOHN QUIGLEY,
ChairpersonFiscal Note: 7-528. No fiscal impact; (8) recommends adoption.
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
DESIGNATED WATER USES AND WATER QUALITY CRITERIA § 93.9a. Drainage List A.
Delaware River Basin in Pennsylvania
Delaware River
Stream Zone County Water Uses Protected Exceptions
To Specific Criteria1—Delaware River 2—West Branch Delaware River (NY) 3—Unnamed Tributaries to West Branch Delaware River Basins (all sections in PA)[, Source to PA-NY State Border] Wayne HQ-CWF, MF None 3—Sherman Creek Basin (all sections in PA)[, Source to Starboard Creek] Wayne HQ-CWF, MF None [4—Starboard Creek Basin (all sections in PA) Wayne CWF, MF None 3—Sherman Creek Basin (all sections in PA), Starboard Creek to PA-NY State Border Wayne CWF, MF None 3—Sherman Creek (NY) 4—UNTs to Sherman Creek Basins (all sections in PA), PA-NY State Border to Mouth Wayne CWF, MF None] 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* * * * * § 93.9c. Drainage List C.
Delaware River Basin in Pennsylvania
Delaware River
Stream Zone County Water Uses Protected Exceptions To Specific Criteria * * * * *
3—West Fork Martins Creek Basin, Source to Confluence with East Fork Northampton CWF, MF None 2—Martins Creek Main Stem, Confluence of East and West Forks to [Mouth] UNT 63237 at 40°47`36.9"N; 75°11`32.0"W Northampton TSF, MF None 3—UNTs to Martins Creek Basins, Confluence of East and West Forks to Mouth Northampton TSF, MF None * * * * *
3—Waltz Creek Basin, Greenwalk Creek to Mouth Northampton HQ-CWF, MF None 2—Martins Creek Main Stem, UNT 63237 to Mouth Northampton HQ-CWF, MF None 3—Little Martins Creek Basin 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—Pohopoco Creek Basin, Source to SR 3016 Bridge at Merwinsburg Monroe CWF, MF None 3—Pohopoco Creek Main Stem, SR 3016 Bridge to [SR 0209] US 209 Bridge at Kresgeville at 40°53`51.0"N; 75°30`8.8"W Monroe HQ-CWF, MF None 4—Unnamed Tributaries to Pohopoco Creek Basins, SR 3016 Bridge to
[SR 0209] US 209 Bridge
at KresgevilleMonroe CWF, MF None 4—Sugar Hollow Creek Basin Monroe CWF, MF None 4—Weir Creek Basin Monroe CWF, MF None 4—Middle Creek Basin, Source to [T-444] T 444 Bridge Monroe CWF, MF None 4—Middle Creek Basin, [T-444] T 444 Bridge to Mouth Monroe HQ-CWF, MF None 3—Pohopoco Creek Basin, [Middle Creek]
US 209 Bridge at Kresgeville to Wild CreekCarbon CWF, MF None 4—Wild Creek Basin Carbon EV, MF None 3—Pohopoco Creek Basin, Wild Creek to Mouth Carbon CWF, MF None * * * * * 3—Aquashicola Creek Basin, Source to Buckwha
CreekCarbon HQ-CWF, MF None 4—Buckwha Creek Basin, Source to Hunter
CreekCarbon CWF, MF None 5—Hunter Creek Basin Carbon HQ-CWF, MF None 4—Buckwha Creek Basin, Hunter Creek to
MouthCarbon CWF, MF None 3—Aquashicola Creek Main Stem, Buckwha Creek to Mouth Carbon TSF, MF None * * * * *
3—Coplay Creek Basin Lehigh CWF, MF None 3—Catasauqua Creek Basin, Source to East Wood Street Bridge at 40°39`13.1"N; 75°28`0.9"W Lehigh CWF, MF None 3—Catasauqua Creek Main Stem, East Wood
Street Bridge to a point downstream of the Lehigh Street Bridge at 40°38`51.8"N; 75°28`6.1"WLehigh HQ-CWF, MF None 4—Tributaries to Catasauqua Creek Basins, East Wood Street Bridge to the point downstream of the Lehigh Street Bridge Lehigh CWF, MF None 3—Catasauqua Creek Basin, from the point downstream of the Lehigh Street Bridge to the Mouth Lehigh CWF, MF None 2—Lehigh River Main Stem, Allentown Dam to Mouth Northampton WWF, MF None * * * * *
3—Monocacy Creek Basin Northampton HQ-CWF, MF None 3—Saucon Creek [Basin, Source to Black River] Main Stem, Source
to a point downstream of Chestnut Hill Road Bridge
at 40°32`21.3"N; 75°26`28.1"W[Northampton] Lehigh [CWF] HQ-CWF, MF None [4—Black River Basin Northampton CWF, MF None] 4—Tributaries to Saucon Creek Basins, Source to SR 412 Bridge Lehigh- Northampton CWF, MF None 3—Saucon Creek Main Stem, from the point downstream of Chestnut Hill Road Bridge to Black River Lehigh CWF, MF None 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 BridgeNorthampton 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 1—Delaware River Main Stem, Lehigh River to
Head of TideBucks WWF, MF See DRBC regulations—
Water Quality Zone 1E2—Unnamed Tributaries to Delaware River (except UNT 03333 at 40°38`47.0"N; 75°12`6.6"W) Basins, Lehigh River to Pidcock Creek Northampton- Bucks TSF, MF None 2—UNT 03333 to Delaware River Basin Northampton HQ-CWF, MF None 2—Frya Run Basin Northampton HQ-CWF, MF None * * * * * § 93.9f. Drainage List F.
Delaware River Basin in Pennsylvania
Schuylkill River
Stream Zone County Water Uses Protected Exceptions To Specific Criteria * * * * * 3—Pine Creek Basin Schuylkill CWF, MF None 3—Bear Creek Basin, Source to UNT 02300 at [RM 7.6] 40°34`15.5"N; 76°11`25.6"W Schuylkill HQ-CWF, MF None 4—[Unnamed Tributary]
UNT 02300 to Bear CreekBasin Schuylkill CWF, MF None 3—Bear Creek Basin, UNT 02300 to [Mouth] UNT 02299 at 40°34`43.5"N; 76°9`33.6"W Schuylkill CWF, MF None 4—UNT 02299 to Bear Creek Basin Schuylkill HQ-CWF, MF None 3—Bear Creek Basin, UNT 02299 to Mouth Schuylkill CWF, MF None 3—Stony Creek Basin Schuylkill CWF, MF None * * * * *
3—Maiden Creek Basin, Lake Ontelaunee Dam to Willow Creek Berks WWF, MF None 4—Willow Creek Basin, Source to a point upstream of T 707 Bridge at 40°25`39.2"N; 75°55`26.3"W Berks CWF, MF None 4—Willow Creek Basin, from the point at
T 707 Bridge to MouthBerks HQ-CWF, MF None 3—Maiden Creek Basin, Willow Creek to Mouth Berks WWF, MF None * * * * * 3—Tulpehocken Creek Main Stem, T 560 to Inlet of
Blue Marsh ReservoirBerks TSF, MF None 4—[Unnamed] Tributaries to Tulpehocken Creek Basins, T 560 to [Inlet of Blue Marsh Reservoir] Owl Creek [Berks] Lebanon TSF, MF None 4—Owl Creek Basin Lebanon WWF, MF None 4—Tributaries to Tulpehocken Creek Basins, Owl Creek to UNT 01950 at 40°22`23"N; 76°10`53.4"W Lebanon-Berks TSF, MF None 4—UNT 01950 to Tulpehocken Creek Basin, Source to SR 3002 Berks TSF, MF None 4—UNT 01950 to Tulpehocken Creek Main Stem, SR 3002 to Mouth Berks HQ-CWF, MF None 5—Tributaries to UNT 01950 Basins, SR 3002 to Mouth Berks TSF, MF None 4—Tributaries to Tulpehocken Creek Basins, UNT 01950 to Mill Creek (Stream Code 01936
at 40°25`2"N; 76°9`59.8"W)Berks TSF, MF None 4—Mill Creek (Stream Code 01936 [at RM* 20.30]) Basin Berks CWF, MF None 4—Tributaries to Tulpehocken Creek Basins, Mill Creek (Stream Code 01936) to Inlet of Blue Marsh Reservoir Berks TSF, MF None 3—Tulpehocken Creek Blue Marsh Reservoir Berks WWF, MF None * * * * * 3—Trout Run Basin Berks WWF, MF None 3—Allegheny Creek Basin, Source to Sleepy Hollow Run Berks CWF, MF None 4—Sleepy Hollow Run Main Stem Berks HQ-CWF, MF None 5—Tributaries to Sleepy Hollow Run Basins Berks CWF, MF None 3—Allegheny Creek Basin, Sleepy Hollow Run to Mouth Berks CWF, MF None 3—Seidel Creek Basin Berks WWF, MF None 3—Antietam Creek Basin Berks CWF, MF None 3—Indian Corn Creek Basin Berks CWF, MF None 3—Heisters Creek Basin Berks WWF, MF None 3—Hay Creek Basin, Source to [Unnamed Tributary (UNT) 63882 at River Mile 8.1] UNT 63882 at 40°12`8.5"N; 75°51`49.8"W Berks EV, MF None 4—[Unnamed Tributary (63882)] UNT 63882 to Hay Creek Basin Berks CWF, MF None 3—Hay Creek Basin, UNT 63882 to [Beaver Run] UNT 62990 at 40°12`36.7"N; 75°50`26.4"W Berks [CWF] HQ-CWF, MF None 4—UNT 62990 to Hay Creek Basin Berks CWF, MF None 3—Hay Creek Basin, UNT 62990 to Beaver Run Berks CWF, MF None 4—Beaver Run Basin Berks HQ-CWF, MF None 3—Hay Creek Basin, Beaver Run to Birdsboro Boundary at 40°15`17.5"N; 75°48`51.2"W Berks EV, MF None 3—Hay Creek Basin, Birdsboro Boundary to Mouth Berks CWF, MF None 3—Sixpenny Creek Basin, Source to [Unnamed Tributary at RM 1.28] UNT 64027 at 40°14`37.2"N; 75°46`40.3"W Berks HQ-CWF[;], MF None 4—[Unnamed Tributary to Sixpenny Creek at RM 1.28] UNT 64027 to Sixpenny Creek Basin Berks HQ-CWF[;], MF None 3—Sixpenny Creek Basin, [Unnamed Tributary
at RM 1.28] UNT 64027 to MouthBerks CWF[;], MF None 3—Monocacy Creek Basin, Source to UNT 01762
at 40°22`1.3"N; 75°48`35.3"WBerks WWF, MF None 4—UNT 01762 to Monocacy Creek Basin, Source to Alsace and Oley Township border at 40°22`18.6"N; 75°48`56.7"W Berks WWF, MF None 4—UNT 01762 to Monocacy Creek Basin, Alsace and Oley Township border to Mouth Berks HQ-CWF, MF None 3—Monocacy Creek Basin, UNT 01762 to Mouth Berks WWF, MF None 3—Leaf Creek Basin Berks WWF, MF None * * * * * § 93.9h. Drainage List H.
Susquehanna River Basin in Pennsylvania
Tioga River
Stream Zone County Water Uses Protected Exceptions To Specific Criteria 1—Susquehanna River 2—Tioga River Basin, Source to [Mill Creek] Big Rift Creek Tioga CWF, MF None 3—Big Rift Creek Basin Tioga HQ-CWF, MF None 2—Tioga River Basin, Big Rift Creek to Mill Creek Tioga CWF, MF None 3—Mill Creek Basin Tioga TSF, 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—French Run Basin Bradford CWF, MF None 3—South Branch Towanda Creek Basin, Source to Satterlee
RunBradford CWF, MF None 4—Satterlee Run Basin Bradford HQ-CWF, MF None 3—South Branch Towanda Creek Basin, Satterlee Run to
MouthBradford CWF, MF None 2—Towanda Creek Main Stem, South Branch to Mouth Bradford WWF, MF None * * * * *
2—Wyalusing Creek Basin, Confluence of East and Middle Branches to North Branch Bradford WWF, MF None 3—North Branch Wyalusing Creek Basin, Source to Gaylord Creek Susquehanna CWF, MF None 4—Gaylord Creek Basin, Source to Bradford-
Susquehanna County line at 41°53`4.6"N; 76°8`6.4"WBradford- Susquehanna HQ-CWF, MF None 4—Gaylord Creek Basin, Bradford-Susquehanna County line to Mouth Susquehanna CWF, MF None 3—North Branch Wyalusing Creek Basin, Gaylord Creek to Mouth Susquehanna CWF, MF None 2—Wyalusing Creek Basin, North Branch to Mouth Bradford WWF, MF None * * * * *
2—Mehoopany Creek Basin, Source to North Branch Mehoopany Creek Wyoming HQ-CWF, MF None 3—North Branch Mehoopany Creek Basin, Source to Burgess Brook Wyoming CWF, MF None 4—Burgess Brook Basin Wyoming HQ-CWF, MF None 3—North Branch Mehoopany Creek Basin, Burgess Brook to Mouth Wyoming CWF, MF None 2—Mehoopany Creek Basin, North Branch Mehoopany Creek to Mouth Wyoming CWF, MF None 2—Taques Creek Basin Wyoming CWF, MF None 2—Tunkhannock Creek Basin, Source to UNT 29200 at [RM 36.08] 41°48`18.8"N; 75°34`50.6"W Susquehanna CWF, MF None 3—UNT 29200 to Tunkhannock Creek [at RM 36.08] Basin Susquehanna EV, MF None 2—Tunkhannock Creek Basin, UNT 29200 to [East Branch Tunkhannock Creek] Rock Creek Susquehanna CWF, MF None 3—Rock Creek Basin Susquehanna HQ-CWF, MF None 2—Tunkhannock Creek Basin, Rock Creek to East Branch Tunkhannock Creek Susquehanna CWF, MF None 3—East Branch Tunkhannock Creek Basin, Source to Dundaff Creek Susquehanna CWF, MF None * * * * * 2—Sutton Creek Basin Luzerne CWF, MF None 2—Lewis Creek Basin [Lackawanna] Luzerne [CWF] HQ-CWF, MF None 2—Gardner Creek Basin [Luzerne] Lackawanna 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 * * * * *
2—Abrahams Creek Basin Luzerne CWF, MF None 2—Mill Creek [(Warden Creek)] Basin, Source to Laurel Run Luzerne CWF, MF None 3—Laurel Run Basin, Source to UNT 62998
at 41°14`14.0"N; 75°48`33.5"WLuzerne CWF, MF None 4—UNT 62998 to Laurel Run Basin Luzerne HQ-CWF, MF None 3—Laurel Run Basin, UNT 62998 to Mouth Luzerne CWF, MF None 2—Mill Creek Basin, Laurel Run to Mouth Luzerne CWF, MF None 2—Toby Creek Basin, Source to Huntsville Creek Luzerne CWF, MF None * * * * *
2—Little Wapwallopen Creek Basin Luzerne CWF, MF None 2—Big Wapwallopen Creek
[(Big Wapwallopen Creek)]Basin, Source to SR 437 Luzerne CWF, MF None 2—Big Wapwallopen Creek Main Stem, SR 437 to a point upstream of Nuangola Road at 41°08`58.7"N; 75°54`48.1"W Luzerne HQ-CWF, MF None 3—Tributaries to Big Wapwallopen Creek Basins, SR 437 to the point upstream of Nuangola Road Luzerne CWF, MF None 2—Big Wapwallopen Creek Basin, from the point upstream of Nuangola Road to Bow Creek Luzerne CWF, MF None 3—Bow Creek Basin, Source to SR 309 Luzerne CWF, MF None 3—Bow Creek Main Stem, SR 309 to Mouth Luzerne HQ-CWF, MF None 4—Tributaries to Bow Creek Basins, SR 309 to Mouth Luzerne CWF, MF None 2—Big Wapwallopen Creek Basin, Bow Creek to Balliet Run Luzerne CWF, MF None 3—Balliet Run Basin Luzerne HQ-CWF, MF None 2—Big Wapwallopen Creek Main Stem, Balliet Run to a point downstream of SR 3012 at 41°3`42.1"N; 76°5`51.2"W Luzerne HQ-CWF, MF None 3—Tributaries to Big Wapwallopen Creek Basins, Balliet Run to the point downstream of SR 3012 Luzerne CWF, MF None 2—Big Wapwallopen Creek Basin, from the point downstream of SR 3012 to Mouth Luzerne CWF, MF None 2—Walker Run Basin Luzerne CWF, MF None 2—Salem Creek Basin Luzerne CWF, MF None 2—Nescopeck Creek Basin, Source to PA 309 Bridge Luzerne HQ-CWF, MF None 2—Nescopeck Creek Main Stem, PA 309 Bridge to Mouth Luzerne-Columbia TSF, MF None 3—[Unnamed] Tributaries to Nescopeck Creek Basins, PA 309 Bridge to [Mouth] Long Run [Luzerne-
Columbia] LuzerneCWF, MF None [3—Creasy Creek Basin Luzerne CWF, MF None 3—Little Nescopeck Creek Basin Luzerne CWF, MF None 3—Oley Creek Basin, Source to farthest downstream crossing of State Game Lands No. 187 Border Luzerne HQ-CWF, MF None 3—Oley Creek Basin, Farthest downstream crossing of State Game Lands No. 187 Border to Mouth Luzerne CWF, MF None] 3—Long Run Basin Luzerne [CWF] HQ-CWF, MF None [3—Little Nescopeck Creek Basin Luzerne CWF, MF None 3—Black Creek Basin Luzerne CWF, MF None] 3—Tributaries to Nescopeck Creek Basins, Long Run to UNT 28152 at 41°0`45.8"N; 76°3`38.1"W Luzerne CWF, MF None 3—UNT 28152 to Nescopeck Creek Basin Luzerne HQ-CWF, MF None 3—Tributaries to Nescopeck Creek Basins, UNT 28152 to UNT 28138 at 41°0`40"N; 76°6`1.7"W Luzerne CWF, MF None 3—UNT 28138 to Nescopeck Creek Basin Luzerne HQ-CWF, MF None 3—Tributaries to Nescopeck Creek Basins, UNT 28138 to Kester Creek Luzerne CWF, MF None 3—Kester Creek Basin Luzerne HQ-CWF, MF None 3—Tributaries to Nescopeck Creek Basins, Kester Creek to Mouth Luzerne CWF, MF None 2—Briar Creek Basin Columbia CWF, MF None * * * * * 3—East Branch Fishing Creek Basin, Source to Confluence with West Branch Columbia HQ-CWF, MF None 2—Fishing Creek Basin, Confluence of East and West Branches to [Huntingdon Creek] Coles Creek Columbia CWF, MF None 3—Coles Creek Basin, Source to Marsh Run Columbia HQ-CWF, MF None 4—Marsh Run Basin Columbia CWF, MF None 3—Coles Creek Basin, Marsh Run to UNT 27964 at 41°15`49.0"N; 76°20`28.1"W Columbia CWF, MF None 4—UNT 27964 to Coles Creek (Fallow Hollow) Basin Columbia HQ-CWF, MF None 3—Coles Creek Basin, UNT 27964 to UNT 27963 at 41°15`32.5"N; 76°20`50.7"W Columbia CWF, MF None 4—UNT 27963 to Coles Creek (Hess Hollow) Basin Columbia HQ-CWF, MF None 3—Coles Creek Basin, UNT 27963 to Mouth Columbia CWF, MF None 2—Fishing Creek Basin, Coles Creek to Huntingdon Creek Columbia CWF, MF None 3—Huntingdon Creek Basin, Source to Kitchen Creek Luzerne HQ-CWF, MF None 4—Kitchen Creek Basin Luzerne HQ-CWF, MF None 3—Huntingdon Creek Main Stem, Kitchen Creek to Mouth Columbia TSF, MF None 4—[Unnamed] Tributaries to Huntingdon Creek Basins, Kitchen Creek to [Mouth] Pine Creek [Luzerne] Luzerne-
ColumbiaCWF, MF None [4—Rogers Creek Basin Luzerne CWF, MF None 4—Kingsbury Brook Basin Luzerne CWF, MF None] 4—Pine Creek Basin, Source to Wasp
BranchLuzerne CWF, MF None 5—Wasp Branch Basin Luzerne HQ-CWF, MF None 4—Pine Creek Basin, Wasp Branch to Mouth Columbia CWF, MF None 4—Tributaries to Huntingdon Creek Basins, Pine Creek to Mouth Columbia CWF, MF None 2—Fishing Creek Basin, Huntington Creek to Green Creek Columbia TSF, MF None * * * * *
3—Little Fishing Creek Basin, Source to Lick Run Columbia EV, MF None 4—Lick Run Basin, Source to UNT 27727
at 41°11`20.4"N; 76°31`18.0"WColumbia [CWF] HQ-CWF, MF None 5—UNT 27727 to Lick Run Basin Columbia HQ-CWF, MF None 4—Lick Run Basin, UNT 27727 to Mouth Columbia CWF, MF None 3—Little Fishing Creek Basin, Lick Run to Mouth Columbia CWF, 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 * * * * *
3—Bald Eagle Creek Basin, Source to Laurel Run
(at Port Matilda)Centre CWF, MF None 4—Laurel Run Basin, Source to a point at 40°49`3.5"N; 78°5`52"W Centre [CWF] HQ-CWF, MF None 4—Laurel Run Basin, from the point at 40°49`3.5"N; 78°5`52"W to Mouth Centre CWF, MF None 3—Bald Eagle Creek Main Stem, Laurel Run to Nittany Creek Centre TSF, MF None * * * * *
5—Galbraith Gap Run Basin Centre HQ-CWF, MF None 5—Cedar Run [Basin] Main Stem Centre [CWF] HQ-CWF, MF None 6—Tributaries to Cedar Run Basins Centre CWF, MF None 5—UNT 23057 [at RM 18.18] to Spring Creek at 40°47`41.2"N; 77°48`16.6"W (locally Markles Gap Run) Basin Centre HQ-CWF, MF None 5—Slab Cabin Run Basin, Source to [PA 26 at RM 9.0] SR 26 at 40°43`46"N; 77°52`42.4"W Centre HQ-CWF, MF None 5—Slab Cabin Run Basin, [PA 26 at RM 9.0] SR 26 to UNT 23037 at 40°48`50"N; 77°50`8.9"W Centre CWF, MF None 6—Unnamed Tributary 23037 (locally Thompson Run) Basin Centre HQ-CWF, MF None * * * * *
4—Harveys Run Basin[, Source to Castanea Reservoir Water Supply Intake] Clinton HQ-CWF, MF None [4—Harveys Run Basin, Castanea Reservoir Water Supply Intake to
MouthClinton CWF, MF None] 3—McElhattan Creek Basin, Source to Keller Reservoir Water Supply Intake Clinton HQ-CWF, MF None * * * * *
5—Nickel Run Basin Tioga EV, MF None 5—Rock Run Basin, Source to UNT 21760
at 41°38`16.2"N; 77°14`34.7"WTioga [CWF] HQ-CWF, MF None 6—UNT 21760 to Rock Run Basin Tioga CWF, MF None 5—Rock Run Basin, UNT 21760 to Mouth Tioga CWF, MF None 5—Long Run Basin, Source to Custard Run Tioga EV, MF None * * * * * § 93.9n. Drainage List N.
Susquehanna River Basin in Pennsylvania
Juniata River
Stream Zone County Water Uses Protected Exceptions To Specific Criteria * * * * *
4—McDonald Run Basin Blair WWF, MF None 4—Halter Creek Basin, Source to Plum Creek Blair WWF, MF None 5—Plum Creek Basin, Source to SR 164 Blair WWF, MF None 5—Plum Creek Main Stem, SR 164 to Mouth Blair HQ-CWF, MF None 6—Tributaries to Plum Creek Basins, SR 164 to Mouth Blair WWF, MF None 4—Halter Creek Main Stem, Plum Creek to Mouth Blair HQ-CWF, MF None 5—Tributaries to Halter Creek Basins, Plum Creek to Mouth Blair WWF, MF None 3—Frankstown Branch Juniata River Main Stem, Halter Creek to Piney Creek Blair WWF, MF None * * * * * 4—Homer Gap Run Basin Blair WWF, MF None 4—Sandy Run Basin, Source to UNT 16026
at 40°32`53.2"N; 78°20`43.9"WBlair CWF, MF None 5—UNT 16026 to Sandy Run Basin Blair CWF, MF None 4—Sandy Run Basin, UNT 16026 to Mouth Blair HQ-CWF, MF None 4—Riggles Gap Run Basin Blair CWF, MF None * * * * *
4—Logan Spring Run Basin [Huntingdon] Blair WWF, MF None 3—Little Juniata River Main Stem, Logan Spring Run
to [Confluence with Frankstown Branch] McLain RunHuntingdon [CWF] HQ-CWF, MF None 3—Little Juniata River Main Stem, McLain Run to Confluence with Juniata River and Frankstown Branch Juniata River Huntingdon CWF, MF None 4—UNTs to Little Juniata River Basins, Logan Spring Run to Confluence with Juniata River and Frankstown Branch Juniata River Huntingdon-Blair 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—Muddy Run Basin, Rowe Run to Mouth Franklin WWF, MF None 3—Middle Spring Creek 4—Furnace Run Basin Franklin-
CumberlandCWF, MF None 4—Gum Run Basin Franklin-
CumberlandCWF, MF None 3—Middle Spring Creek Basin, Confluence of Furnace Run and Gum Run to T 303 (Avon Road) Franklin-
Cumberland[CWF] HQ-CWF, MF None 3—Middle Spring Creek Basin, T 303 (Avon Road) to Mouth Franklin-
CumberlandCWF, MF None 3—Paxton Run Basin Cumberland WWF, MF None * * * * *
3—Big Spring Creek Basin, Source to SR 3007 (T 333) Cumberland EV, MF None 3—Big Spring Creek Basin, SR 3007 (T 333) to Nealy Road Cumberland HQ-CWF, MF None 3—Big Spring Creek Basin, [SR 3007 (T 333)] Nealy Road to Mouth Cumberland CWF, MF None 3—Rock Run Basin Cumberland WWF, MF None * * * * *
3—Letort Spring Run Basin, PA 34 Bridge to Railroad Bridge at Letort Park Cumberland EV, MF None 3—Letort Spring Run Basin, Railroad Bridge at Letort Park to [T-710 (Post Road) Bridge] Mouth Cumberland HQ-CWF, MF None [3—Letort Spring Run Basin, T-710 Bridge to Mouth Cumberland CWF, MF None] 3—Simmons Creek Basin Cumberland WWF, MF None * * * * * § 93.9p. Drainage List P.
Ohio River Basin in Pennsylvania
Allegheny River
Stream Zone County Water Uses Protected Exceptions To Specific Criteria * * * * *
3—Reese Hollow Basin Potter CWF None 3—Mill Creek Basin[, Source to North Hollow] Potter HQ-CWF None [3—Mill Creek Basin, North Hollow to Mouth Potter CWF None] 3—Dingman Run Main Stem Potter HQ-CWF None * * * * * § 93.9q. Drainage List Q.
Ohio River Basin in Pennsylvania
Allegheny River
Stream Zone County Water Uses Protected Exceptions To Specific Criteria * * * * *
4—Blood Run Basin Forest HQ-CWF None 4—Logan Run Basin Forest [CWF] HQ-CWF None 4—Phelps Run Basin Forest CWF None * * * * * 4—Sulphur Run Basin Venango WWF None 4—Little Sandy Creek Basin, Source to [Unnamed Tributary at RM 1.16] UNT 51398 at 41°22`39.5"N; 79°55`5"W Venango HQ-CWF None 5—[Unnamed Tributary to Little Sandy Creek at RM 1.16] UNT 51398 to Little Sandy Creek Basin Venango CWF None 4—Little Sandy Creek Basin, [Unnamed Tributary
at RM 1.16] UNT 51398 to MouthVenango CWF None 4—South Sandy Creek Basin, Source to Bear Run Venango CWF None 5—Bear Run Basin Venango HQ-CWF None 4—South Sandy Creek Basin, Bear Run to Mouth Venango CWF None 4—Morrison Run Basin Venango WWF None * * * * * § 93.9t. Drainage List T.
Ohio River Basin in Pennsylvania
Kiskiminetas River
Stream Zone County Water Uses Protected Exceptions To Specific Criteria * * * * *
7—Twomile Run Basin Somerset CWF None 7—Higgins Run Basin, Source to [RM 1.37] UNT 45416 at 40°6`45.9"N; 78°59`50.6"W Somerset CWF None 8—UNT 45416 to Higgins Run Basin Somerset CWF None 7—Higgins Run Main Stem, [RM 1.37] UNT 45416 to Mouth Somerset HQ-CWF None 8—[Unnamed] Tributaries to Higgins Run Basins, [RM 1.37 to Mouth] from UNT 45416 to Mouth (including UNTs 45406 and 45405) Somerset CWF None 5—Stony Creek Main Stem, Quemahoning Creek to Confluence with Little Conemaugh River Cambria WWF None * * * * *
5—Tubmill Creek Basin, Source to Tubmill Reservoir Dam Westmoreland EV None 5—Tubmill Creek Basin, Tubmill Reservoir Dam
to [Mouth] Freeman RunWestmoreland TSF None 6—Freeman Run Basin, Source to UNT 44808
at 40°22`14.1"N; 79°10`34.4"WWestmoreland TSF None 7—UNT 44808 to Freeman Run Basin Westmoreland HQ-CWF None 6—Freeman Run Basin, UNT 44808 to Mouth Westmoreland TSF None 5—Tubmill Creek Basin, Freeman Run to
MouthWestmoreland TSF None 5—Roaring Run Basin Indiana CWF None * * * * *
[Pa.B. Doc. No. 16-367. Filed for public inspection March 4, 2016, 9:00 a.m.]
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