[30 Pa.B. 6059]
[Continued from previous Web Page] § 93.9v. Drainage List V.
Ohio River Basin in Pennsylvania
Monongahela River
Water
Exceptions Uses To Specific Stream Zone County Protected Criteria 1-Ohio River 2-Monongahela River (WV) 3-Unnamed Tributaries to Monongahela River Basins (all sections in PA), Source to PA-WV State Border Greene-Fayette WWF None 2-Monongahela River Main Stem, PA-WV State Border to Confluence with Allegheny River Allegheny WWF;
Add NNone
* * * * *
3-Unnamed Tributaries to Monongahela River Basins, Youghiogheny River to Mouth Allegheny WWF; Delete PWS None
3-Crooked Run Basin Allegheny WWF; Delete PWS None 3-Thompson Run Basin Allegheny WWF; Delete PWS None
3-Turtle Creek Main Stem, Source to Brush Creek Allegheny TSF; Delete PWS None
4-Unnamed Tributaries to Turtle Creek Basins, Source to Brush Creek Westmoreland-
AlleghenyTSF; Delete PWS None
4-Steels Run Basin Westmoreland HQ-CWF Delete PWS None
4-Haymakers Run Basin Westmoreland HQ-CWF Delete PWS None 4-Abers Creek Basin Allegheny TSF; Delete PWS None 4-Lyons Run Basin Westmoreland TSF; Delete PWS None
4-Simpson Run Basin Allegheny TSF; Delete PWS None
4-Brush Creek Basin Allegheny TSF; Delete PWS None
3-Turtle Creek Main Stem, Brush Creek to Mouth Allegheny WWF; Delete PWS None
4-Unnamed Tributaries to Turtle Creek Basins, Brush Creek to Mouth Allegheny WWF; Delete PWS None
4-Thompson Run Basin Allegheny WWF; Delete PWS None 3-Homestead Run Basin Allegheny WWF; Delete PWS None
3-Ninemile Run Basin Allegheny TSF; Delete PWS None
3-West Run Basin Allegheny WWF; Delete PWS None 3-Streets Run Basin Allegheny WWF: Delete PWS None § 93.9w. Drainage List W.
Ohio River Basin in Pennsylvania
Ohio River
Water
Exceptions Uses To Specific Stream Zone County Protected Criteria 1-Ohio River Main Stem, Confluence of Allegheny and Monongahela Rivers to PA-OH State Border Beaver WWF;
Add NSee Orsanco Pollution Control Standards * * * * *
3-Mahoning River Main Stem, PA-OH State Border to Confluence with Shenango River Lawrence WWF None * * * * *
3-Shenango River Main Stem (all sections in PA), Pymatuning Reservoir Crawford WWF None * * * * * 3-Shenango River Main Stem, Pymatuning Reservoir Dam to Shenango Reservoir Dam Mercer WWF None
* * * * *
3-Shenango River Main Stem, Shenango Reservoir Dam to Point 1.0 River Mile Downstream Mercer TSF None 4-Unnamed Tributaries to Shenango River Basins, Shenango Reservoir Dam to Point 1.0 River Mile Downstream Mercer CWF None
3-Shenango River Main Stem (all sections in PA), 1.0 River Mile Downstream of Shenango Reservoir Dam to Confluence with Mahoning River Lawrence WWF None
* * * * * 2-Beaver River Main Stem, Confluence of Mahoning and Shenango Rivers to Mouth Beaver WWF, Add N None
* * * * * § 93.9x. Drainage List X.
Lake Erie
Water
Exceptions Uses To Specific Stream Zone County Protected Criteria 1-Lake Erie All sections of lake in PA except Outer Erie Harbor and Presque Isle Bay Erie CWF Delete Fe, pH1, DO1 and Bac1
See GLWQA1-Lake Erie (Outer Erie Harbor and Presque Isle Bay) Portion of lake bordered by Presque Isle on west, longitude 80°10`18" on north, except harbor area and central channel dredged and maintained by United States Army Corps of Engineers. Erie WWF Delete pH
Add pH between 7 and 91-Lake Erie (Outer Erie Harbor and Presque Isle Bay) Harbor area and central channel dredged and maintained by United States Army Corps of Engineers Erie WWF, Delete WC Delete pH and Bac1 Add pH between 7 and 9, Bac2 * * * * * § 93.9y. Drainage List Y.
Lake Ontario Basin in Pennsylvania
Genesee River
Water
Exceptions Uses To Specific Stream Zone County Protected Criteria * * * * * § 93.9z. Drainage List Z.
Potomac River Basin in Pennsylvania
Potomac River
Water
Exceptions Uses To Specific Stream Zone County Protected Criteria * * * * *
3-East Branch Antietam Creek Main Stem, Vineyard Run to Confluence with West Branch Franklin CWF None 4-Unnamed Tributaries to East Branch Antietam Creek Basins (all sections in PA) Vineyard Run to Confluence with West Branch Franklin CWF None
4-Deer Lick Run Basin Franklin CWF None
4-Biesecker Run Basin Franklin CWF None
4-Red Run Main Stem Franklin CWF None
5-Unnamed Tributaries to Red Run Basins (all sections in PA) Franklin CWF None 5-Devils Run Basin Franklin CWF None 5-Mackey Run Basin Franklin CWF None
5-Falls Creek Basin (all sections in PA) Franklin WWF None 3-West Branch Antietam Creek Basin, Source to Confluence with East Branch Franklin CWF None
2-Antietam Creek Basin, Confluence of East and West Branches to PA-MD State Border Franklin WWF None
2-Antietam Creek (MD) 3-Unnamed Tributaries to Antietam Creek Basins (all sections in PA), PA-MD State Border to Mouth Franklin WWF None * * * * *
CHAPTER 95. WASTEWATER TREATMENT REQUIREMENTS § 95.1. (Reserved).
§ 95.2. Quality standards and oil-bearing wastewaters.
Industrial waste shall meet the following quality standards:
(1) There may be no discharge of wastes which are acid.
(2) Wastes shall have a pH of not less than 6 and not greater than 9, except where:
(i) The wastes are discharged to an acid stream, in which case the pH may be greater than 9.
(ii) The discharger affirmatively demonstrates, in writing, to the Department that biological respiration in the wastewater treatment system will cause the discharge to exceed the limits in this paragraph and that exceeding these limits will not result in a violation of applicable water quality standards or of the applicable treatment requirements and effluent limitations to which a discharge is subject under the Federal Act, in which case the Department may grant a variance, in writing, from the limitation set forth in this paragraph.
(3) Oil-bearing wastewaters, except those subject to paragraph (4), shall comply with all of the following:
(i) At no time cause a film or sheen upon or discoloration of the waters of this Commonwealth or adjoining shoreline.
(ii) At no time contain more than 15 milligrams of oil per liter as a daily average value nor more than 30 milligrams of oil per liter at any time, or whatever lesser amount the Department may specify for a given discharge or type of discharge as being necessary for the proper protection of the public interest or to meet any requirements based upon the State Act or the Federal Act, as defined in § 92.1 (relating to definitions).
(4) Petroleum marketing terminals shall:
(i) Be provided with facilities to remove oil from waters, including stormwater runoff, before discharge into waters of this Commonwealth. Compliance with this paragraph shall constitute compliance with paragraph (3)(i) except to the extent that the State Act or Federal Act or regulations promulgated thereunder impose a more stringent requirement.
(ii) Develop, implement and keep up to date pollution incident prevention plans as described in § 91.34 (relating to activities utilizing pollutants).
(iii) Design, maintain and utilize oil removal facilities that consist of an American Petroleum Institute (A.P.I.) listed oil separator, unless the person operating the facility can demonstrate to the Department that an alternate design is equivalent or better in removing oil from water to maintain and protect the waters of this Commonwealth, including all existing and designated uses established under to Chapter 93 (relating to water quality standards).
(5) Waste may not contain more than 7 milligrams per liter of dissolved iron.
(6) When surface waters are used in the industrial plant, the quality of the effluent need not exceed the quality of the raw water supply if the source or supply would normally drain to the point of effluent discharge, unless otherwise required under the State Act or Federal Act or regulations promulgated thereunder.
§ 95.3. (Reserved).
§§ 95.6--95.9. (Reserved).
CHAPTER 96. WATER QUALITY STANDARDS IMPLEMENTATION Sec.
96.1. Definitions. 96.2. Purpose. 96.3. Water quality protection requirements. 96.4. TDMLs and WQBELs. 96.5. Nutrient discharges. 96.6. Heated wastewater discharges. 96.7. Public participation. § 96.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Concentration--The amount of a substance, expressed in mass units, in a unit volume of water or wastewater.
Conservative substance--A pollutant that undergoes no or minimal transformation or decay in a water system, except by dilution.
Cumulative loading--The sum of pollutant loadings from individual pollutant sources.
Factor of safety--A margin to take into account uncertainty concerning the relationships between effluent limitations and water quality.
Harmonic mean flow--The flow that is determined by taking the reciprocal of the arithmetic mean of reciprocals of daily flow values.
LA--Load allocation--The portion of a surface water's loading capacity that is assigned or allocated to existing and future nonpoint sources and natural quality.
Lake, pond or impoundment--A surface water with a hydraulic residence time of 14 days or more based on average annual daily stream flow. Residence time shall be determined at average annual daily stream flow and normal pool volume. In the absence of actual records, an average annual daily discharge rate of 1.5 CFS per square mile shall be used.
Loading capacity--The greatest amount of loading that a surface water can receive without violating a water quality standard.
Margin of safety--The portion of a surface water's loading capacity that is set aside to account for uncertainty about the relationship between pollutant loadings and resulting surface water quality, including any uncertainty or imprecision in mathematical models used to determine these relationships. For nonconservative substances, any imprecision or uncertainty concerning the mechanisms by which the substance decays or is transformed shall be considered.
Mass load--The pollutant loading expressed in units of mass per unit time.
NPDES or National Pollutant Discharge Elimination System Permit--A permit issued under Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance) for the discharge or potential discharge of pollutants from a point source to surface waters.
Natural quality--The water quality conditions that exist or that would reasonably be expected to exist in the absence of human related activity.
Nonconservative substance--A pollutant whose concentration in the water column changes as a result of volatilization, photolysis, hydrolysis, biodegradation, transformation, or other processes, except dilution.
Nonpoint source--A pollutant source which is not a point source discharge.
Nonpoint source restoration plan--A nonpoint source management plan which describes needed actions to restore and improve water quality in a watershed or stream.
Point source discharge--A pollutant source regulated under the NPDES permit system as defined in § 92.1 (relating to definitions).
Pollutant--Any contaminant or other alteration of the physical, chemical, biological, or radiological integrity of surface water which causes or has the potential to cause pollution as defined in section 1 of The Clean Streams Law (35 P. S. § 691.1).
Potable water supply--A water source that is used by humans after conventional treatment for drinking, culinary and other purposes such as inclusion in food products.
Q7-10 flow--The actual or estimated lowest 7 consecutive-day average flow that occurs once in 10 years for a stream with unregulated flow, or the estimated minimum flow for a stream with regulated flow.
Q30-10 flow--The actual or estimated lowest 30 consecutive-day average flow that occurs once in 10 years for a stream with unregulated flow, or the estimated 30 day average minimum flow for a stream with regulated flow.
Reserve factor--A portion of the effluent flow held to provide for projected future wasteloads.
Surface waters--Perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps and estuaries, excluding water at facilities approved for wastewater treatment such as wastewater treatment impoundments, cooling water ponds, and constructed wetlands used as part of a wastewater treatment process.
TMDL--Total maximum daily load--The sum of individual waste load allocations for point sources, load allocations for nonpoint sources and natural quality and a margin of safety expressed in terms of mass per time, toxicity or other appropriate measures.
WLA--Wasteload allocation--The portion of a surface water's loading capacity that is allocated to existing and future point source discharges.
WQBEL--Water quality based effluent limitation--An effluent limitation based on the need to attain or maintain the water quality criteria and to assure protection of existing and designated uses.
Water quality criteria duration--The averaging period associated with a water quality criterion.
Water quality standards--The combination of water uses to be protected and the water quality criteria necessary to protect those uses.
Wetlands--Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
§ 96.2. Purpose.
The purpose of this chapter is to establish the process for achieving and maintaining water quality standards.
§ 96.3. Water quality protection requirements.
(a) Existing and designated surface water uses shall be protected.
(b) Antidegradation requirements in §§ 93.4a--93.4d and 105.1, 105.15, 105.17, 105.18a, 105.20a and 105.451 shall apply to surface waters.
(c) To protect existing and designated surface water uses, the water quality criteria described in Chapter 93 (relating to water quality standards), including the criteria in §§ 93.7 and 93.8a(b) (relating to specific water quality criteria; and toxic substances) shall be achieved in all surface waters at least 99% of the time, unless otherwise specified in this title. The general water quality criteria in § 93.6 (relating to general water quality criteria) shall be achieved in surface waters at all times at design conditions.
(d) As an exception to subsection (c), the water quality criteria for total dissolved solids, nitrite-nitrate nitrogen, phenolics and fluoride established for the protection of potable water supply shall be met at least 99% of the time at the point of all existing or planned surface potable water supply withdrawals unless otherwise specified in this title.
(e) When a water quality criterion described in Chapter 93, including the criteria in §§ 93.7 and 93.8a(b), cannot be attained at least 99% of the time due to natural quality, as determined by the Department under § 93.7(d) based on water quality observations in that waterbody or at one or more reference stations of similar physical characteristics to the surface water, the natural quality that is achieved at least 99% of the time shall be the applicable water quality criterion for protection of fish and aquatic life.
(f) When the minimum flow of a stream segment is determined or estimated to be zero, applicable water quality criteria shall be achieved at least 99% of the time at the first downstream point where the stream is capable of supporting existing or designated uses.
(g) Functions and values of wetlands shall be protected pursuant to Chapters 93 and 105 (relating to water quality standards; and dam safety and waterway management).
§ 96.4. TMDLs and WQBELs
(a) The Department will identify surface waters or portions thereof that require the development of TMDLs, prioritize these surface waters for TMDL development, and then develop TMDLs for these waters.
(b) The Department will develop WQBELs for point source discharges using applicable procedures described in this chapter when the Department determines that water quality protection requirements specified in § 96.3 (relating to water quality protection requirements) are or would be violated after the imposition of applicable technology based limitations required under sections 301(b), 306, 307 or other sections of the Federal Clean Water Act (33 U.S.C.A. §§ 1311(b), 1316 and 1317) and The Clean Streams Law (35 P. S. §§ 691.1--691.1001) to the point source.
(c) TMDLs and WQBELs shall be developed to meet the requirements of § 96.3.
(d) WLAs developed in accordance with this chapter shall serve as the basis for the determination of WQBELs for point source discharges regulated under Chapter 92 (relating to National Pollutant Discharge Elimination System). When LAs are developed in accordance with this chapter, they shall serve as the basis for the development of nonpoint source restoration plans.
(e) In developing TMDLs and WQBELs, the Department will:
(1) As appropriate consider, relevant design factors, including, but not limited to: water quality criteria duration, flow duration and frequency, natural seasonal variability in water temperature, the natural variability of pH and hardness, the physical characteristics of a watershed, reserve factors, factors of safety and pollutant contributions from other sources.
(2) Treat all pollutants as conservative unless it finds based on scientifically valid information that the substance is not conservative and adequate information is available to characterize the substance's fate or transformation, or both.
(f) The allocation procedure is as follows:
(1) WLAs, LAs and effluent limitations assigned or allocated to individual pollutant sources shall be the more stringent of the following:
(i) The pollutant loading authorized to be discharged under applicable technology-based requirements.
(ii) Where applicable, the pollutant loading determined under §§ 96.5 and 96.6 (relating to nutrient discharges; and heated wastewater discharges).
(iii) The pollutant loading that will achieve the water quality protection requirements specified in § 96.3.
(2) WLAs, LAs and effluent limitations shall be made more stringent if the cumulative loading determined after the application of paragraph (1) does not meet the requirements of § 96.3.
(g) Mathematical modeling at the design flow conditions listed in Table 1 shall be used as applicable to develop TMDLs and WQBELs for point source discharges.
TABLE 1
Water Quality Criteria Steady State Design Flow Fish and Aquatic Life, Except Ammonia-Nitrogen Q7-10 Ammonia-Nitrogen Q30-10 Threshold Human Health Q7-10 Nonthreshold Human Health (Carcinogens) Harmonic Mean Flow The LA portion of the TMDL will be allotted to nonpoint source pollutant loadings and natural quality.
(h) The Department will revise WLAs and LAs because of new or increased pollutant loadings. WLAs shall be revised at or before the expiration date of the current point source discharge permit term.
(i) The Department may require NPDES dischargers and other persons subject to regulation under The Clean Streams Law (35 P. S. §§ 691.1--691.1001) to conduct appropriate monitoring of pollutant sources and waters and report the results and data, to obtain data needed to develop TMDLs and effluent limitations and to determine their effectiveness.
§ 96.5. Nutrient discharges.
(a) Whenever technically and financially feasible, and environmentally sound, land disposal of wastewater shall be used on a continuous or seasonal basis to prevent or minimize to the maximum extent practicable the discharge of nutrients to surface waters, including tributaries thereof, that are determined to be either threatened or impaired by nutrient enrichment.
(b) When necessary to control eutrophication in a lake, pond, or other impoundment, the Department will develop a TMDL and associated WLAS and LAS based on average annual loading estimates.
(c) When it is determined that the discharge of phosphorus, alone or in combination with the discharge of other pollutants, contributes or threatens to impair existing or designated uses in a free flowing surface water, phosphorus discharges from point source discharges shall be limited to an average monthly concentration of 2 mg/l. More stringent controls on point source discharges may be imposed, or may be otherwise adjusted as a result of a TMDL which has been developed.
§ 96.6. Heated wastewater discharges.
(a) WLAs established for the discharge of heated wastewater shall comply with applicable State and Federal requirements.
(b) Heated wastewater discharges may not cause a change of surface water temperature of more than 2°F during any 1-hour period.
(c) In addition to subsection (b), the allowable heat content of heated wastewater discharges shall be limited to one of the following:
(1) A calculated amount that will raise the temperature of the receiving surface water to no more than the applicable criteria specified in § 93.7 (relating to specific water quality criteria).
(2) An amount based on an evaluation conducted in accordance with section 316(a) of the Federal Clean Water Act (33 U.S.C.A. § 1326(a)).
§ 96.7. Public participation.
(a) The Department will publish a notice in the Pennsylvania Bulletin of the availability of draft and final lists of surface waters requiring TMDLs under § 96.4(a) (relating to TMDLs and WQBELs). The notice of the draft list shall set forth a minimum 30-day public comment period.
(b) The Department will publish a notice in the Pennsylvania Bulletin of the availability of any draft and final TMDL prepared under this chapter. Draft TMDL notices shall be subject to a minimum 30-day comment period. The Department may hold a public hearing on a draft TMDL if there is significant public interest. When the TMDL is prepared concurrent with or as part of an NPDES permit application, the notice may be included in the notice of permit application prepared under § 92.61 (relating to public notice of permit application and public hearing).
CHAPTER 97. (Reserved) § 97.1. (Reserved).
§ 97.2. (Reserved).
§ 97.14. (Reserved).
§ 97.15. (Reserved).
§ 97.63. (Reserved).
§§ 97.81--97.83. (Reserved).
§§ 97.91--97.95. (Reserved).
[Pa.B. Doc. No. 00-2027. Filed for public inspection November 17, 2000, 9:00 a.m.]
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