PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[25 PA. CODE CH. 93]
Corrections to Drainage Lists
[26 Pa.B. 3637] The Environmental Quality Board (Board) proposes to amend §§ 93.9c--93.9g, 93.9i, 93.9l, 93.9n, 93.9o, 93.9q, 93.9r, 93.9t, 93.9w and 93.9x to read as set forth in Annex A.
This order was adopted by the Board at its meeting of June 18, 1996.
A. Effective Date
These proposed amendments are effective upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information, contact Edward R. Brezina, Chief, Division of Assessment and Standards, Bureau of Water Quality Management, 10th Floor, Rachel Carson State Office Building, P. O. Box 8465, 400 Market Street, Harrisburg, PA 17105-8465, (717) 787-9637 or William J. Gerlach, 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) and request that the call be relayed. This proposal is available electronically through the Department of Environmental Protection (Department) Web site (http://www.dep.state.pa.us).
C. Statutory Authority
These proposed amendments are made under the authority of the following acts: sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. §§ 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20), which grant to the Board the authority to develop and adopt rules and regulations to implement the provisions of The Clean Streams Law.
D. Background of the Amendment
The Commonwealth's Water Quality Standards, which are set forth in part in Chapter 93 (relating to water quality standards) implement the provisions of sections 5 and 402 of The Clean Streams Law and section 303 of the Federal Clean Water Act (33 U.S.C.A. § 1313). Water quality standards are in-stream water quality goals which are implemented by imposing specific regulatory requirements (such as treatment requirements and effluent limits) on individual sources of pollution.
The Department considers candidates for special protection status or redesignation, or both, in its ongoing review of water quality standards. Candidates may be identified by the Department based on routine waterbody investigations. Requests for consideration may also be initiated by other agencies, such as the Fish and Boat Commission, and by the general public through a rulemaking petition to the Board. The Department also continuously reviews the water quality standards and receives various requests to investigate possible errors that have been found in Chapter 93. The Department reviewed the stream listings and the suggested errors that are summarized in Section E of this Preamble in response to requests from regional staff, the Fish and Boat Commission and the general public who brought various errors or inconsistencies in the stream lists to the Department's attention.
The Department investigated the alleged errors by researching previous rulemaking activities, changes that resulted from the 1992 Reformatting of Stream Drainage Lists in Chapter 93 and by comparing the drainage lists to the Gazetteer of Streams and topographic maps for these streams. Based upon the data collected in this research, the Board has made the proposed revisions described in Section E of this Preamble. The recommended revisions do not change the protected uses or impose any additional requirements than that which have been implemented for any of the streams within this proposal. This proposed rulemaking merely corrects duplicate entries, typographic errors or reinserts entries that have been incorrectly removed or changed.
E. Summary of Regulatory Revisions
Drainage List Stream Brief Description of Revision Needed 93.9c 4--Sand Hill Creek missing from stream name 2--Cherry Creek Add entry for missing lower reach, it appeared in the Pennsylvania Bulletin (18 Pa.B. 5260 (November 26, 1988)) notice during redesignation, but was incorrectly codified in 25 Pa. Code Ch. 93 93.9d 4--Hummer Run Should be 4--Hummler Run 4--Tunkhanna Creek Should be 4--Upper Tunkhannock Creek 93.9e 2--Neshaminy Creek
3--UNT Nesh. CreekPA 614 Dam should refer to it being Proposed, since it was never built according to available records 3--Core Creek PA Rte 620 Dam should not contain reference to Rte 93.9f 3--Tumbling Run Schuylkill Haven Dam should be Tumbling Run Dam. Also note the label of Silver Creek Res on the Pottsville Topo map is incorrect and should be corrected by Geological Survey/USGS. 3--UNT to Schuylkill River Montgomery County UNTs should not be HQ-TSF, but should be WWF. Also add entries for missing reference to UNTs from Valley Creek to head of tide. Errors resulted from reformatting. Also note that 3--Matsunk Creek and 3--Glanraffan Creek, are not listed for this reach, but these changes require additional study and/or stream evaluations to determine the appropriate use. 3--Perkiomen Creek Should reference that it is the second LR 06119 (SR 1010) bridge at Hereford 93.9g 4--Goose Creek Should be 4--Unnamed Tributary to East Branch Chester Creek at RM 0.4 (''Goose Creek'') since Goose Creek is not found on topos or in Gazetteer of Streams, and is a local name for an UNT (#00605, near State Rt 926) 2--Chester Creek Clarify that Chester Creek does not start at the confluence of the East and West Branches of Chester Creek as currently stated 93.9i 2--Starrucca Creek RM 11.28 should be 11.68 2--Wyalusing Creek Should delete Bradford WWF None from the first 2--Wyalusing Creek entry, which serves only as a marker 3--Sugar Hollow Creek missing from the stream name 93.9l 5--Clear Creek 6--Mud Run and the rest of 5--Clear Creek basin not listed in Ch. 93, although it was listed prior to reformatting. Add the missing entries. 5--Logan Branch HQ-CWF is a typo resulting from the redesignation of 5--Buffalo Run from CWF to HQ-CWF, which originally was codified incorrectly and is the stream which follows the 5--Logan Branch entry. A correction for 5--Buffalo Run was published at 24 Pa.B. 4461 (Sept. 3, 1994), but the Buffalo Run HQ that was incorrectly applied to Logan Branch was not corrected by the Sept. 3, 1994 Notice of Corrective Amendments. 4--Slate Run and
4--UNT to Slate RunExtraneous entries for 4--Slate Run (Main Stem) and 4--UNT to Slate should delete first entries referring to the Main Stem. The correct entries appear later in drainage list. 4--Kettle Creek and
5--Ogdonia Creek4--Kettle Creek is a trib to 5--Ogdonia Creek, so the stream order and drainage numbers should be switched accordingly 3--Buffalo Creek (SR 1004) should be (SR 3005) 93.9n 3--Frankstown Branch Source of Frankstown Br is at the confluence of Beaverdam Creek and South Poplar Run, but Ch. 93 does not reflect this. 4--Pine Run 4--Pine Run is a trib to Beaverdam Creek, so should be 5--Pine Run and since 4--Pine Run is WWF, while the rest of Beaverdam Creek basin is CWF, will have to use basin zones to show this. 93.9o 3--Reynolds Run Duplicate entries, and HQ-TSF should be HQ-CWF according to pre-reformatted code 93.9q 3--Nigger Run Nigger Run does not appear in current Gazetteer of Streams, but is an UNT to the Allegheny River, so it is covered by the UNT zone described as Basins, PA-NY State Border to French Creek. The 3--Nigger Run entry should be deleted. 93.9r 4--Elk Creek Entry should appear between 4--Mason Creek and 4--Island Run. 4--Elk Creek entry was lost during reformatting 93.9t 5--Laughlintown Run 6--McMullen Run is called McCullen Run on the topo map. 5--Laughlintown Run had a Basin designation prior to the Rosetown, et al rulemaking, which incorrectly changed the zone description to a Main Stem format. The code should be changed back to a basin zone format. 93.9w 4--Shenango River Should be 3--Shenango River Basin, Source to Pymatuning Reservoir 93.9x 3--Fish Creek,
3--Foster Run and
3--Crazy RunThese streams do not enter Erie County; but are entirely within Crawford County. Change County for these three tribs and add Crawford to County column for the first 3--Unnamed Tributaries to Conneaut Creek entry. The purpose of these proposed regulatory amendments is to clarify stream designations, correct misspellings, reinsert entries that have been incorrectly changed or dropped from Chapter 93 and correct errors that have resulted from the reformatting of Chapter 93 for these waterbody segments. These changes allow wastewater treatment requirements for dischargers to these streams to be consistent with the water uses to be protected. The proposed rulemaking makes only nonsubstantive modifications to Chapter 93 and does not alter the protected uses that have been implemented for the stream sections in questions.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the proposed amendments.
1. Benefits--Overall, the citizens of this Commonwealth will benefit from these recommended changes because they will reflect the appropriate designated use and maintain the most appropriate degree of protection for each stream in question by correcting errors or clarifying descriptions of stream zones or stream orders.
2. Compliance Costs--The changes should have no fiscal impact on, or create additional compliance costs for the Commonwealth, political subdivisions or the private sector. No costs will be imposed directly upon local government by this recommendation. There are no changes with this proposal which impose more stringent requirements than would already be imposed for these streams.
3. Compliance Assistance Plan--The Department does not anticipate the need for compliance assistance plans to support this regulation since this proposal does not impose more stringent requirements than would already be imposed for these streams.
4. Paperwork Requirements--The regulatory revisions should have no paperwork impact on the Commonwealth, its political subdivisions, or the private sector since the revisions do not change the designated uses already being implemented for the streams contained in this proposal. The proposal is based on existing Department programs and policies.
G. Sunset Review
This chapter 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.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the proposed rulemaking on July 24, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for the Department, the Governor and the General Assembly to review these objections before final publication of the regulations.
I. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed amendments to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by September 17, 1996. 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 September 17, 1996. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulation will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@A1.dep.state.pa.us. A subject heading of the proposal and return name and address must be included in each transmission. Comments submitted electronically must also be received by the Board by September 17, 1996.
JAMES M. SEIF,
ChairpersonFiscal Note: 7-299. 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 § 93.9c. Drainage List C.
Delaware River Basin in Pennsylvania
Delaware River
Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * 3--Unnamed Tributaries to
Bush KillBasins, Saw Creek to Mouth Monroe HQ-CWF None 4--Sand Hill Creek Basin Monroe HQ-CWF None 4--Little Bush Kill Basin Pike HQ-CWF None * * * * * 2--Cherry Creek Basin, Source to LR 45010 (SR 2006) Bridge Monroe HQ-CWF, MF None 2--Cherry Creek Basin, LR 45010 Bridge to Mouth Monroe CWF, MF None * * * * * § 93.9d. Drainage List D.
Delaware River Basin in Pennsylvania
Lehigh River
Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * 4--Pollys Run Basin Monroe HQ-CWF None 4--[Hummer] Hummler Run Basin Monroe HQ-CWF None * * * * * 4--Wagner Run Basin Monroe HQ-CWF None 4--Upper [Tunkhanna] Tunkhannock Creek Basin Monroe HQ-CWF None * * * * * § 93.9e. Drainage List E.
Delaware River Basin in Pennsylvania
Delaware River
Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * 2--Neshaminy Creek Main Stem, Confluence of West and North Branches to Proposed PA 614 Dam Bucks TSF, MF Add Col2, Tur4 3--Unnamed Tributaries to
Neshaminy CreekBasins, Confluence of West and North Branches [of] to Proposed PA 614 Dam Bucks TSF, MF Add Col2, Tur4 * * * * * 2--Neshaminy Creek Non-Tidal Portion of Main Stem, Proposed PA 614 Dam to Mouth Bucks WWF, MF Add Col2, Tur3 3--Unnamed Tributaries to
Neshaminy CreekNon-Tidal Portions of Basins, Proposed PA 614 Dam to Mouth Bucks WWF, MF Add Col2, Tur3 * * * * * 3--Core Creek Basin, Source to PA [Rte] 620 Dam Bucks CWF, MF Add Col2, and Tur4 3--Core Creek Basin, PA [Rte] 620 Dam to Mouth Bucks WWF, MF Add Col2, and Tur3 * * * * * § 93.9f. Drainage List F.
Delaware River Basin in Pennsylvania
Schuylkill River
Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * 3--Tumbling Run Basin, Source to [Schuylkill Haven Dam] Tumbling Run Dam Schuylkill HQ-CWF None 3--Tumbling Run Basin, [Schuylkill Haven Dam] Tumbling Run Dam to Mouth Schuylkill CWF None * * * * * 3--Unnamed Tributaries to
Schuylkill RiverBasins, Berks-Chester-
Montgomery County Border to Valley Creek, (except those in Spring City and Phoenixville)Chester
[-Montgomery]HQ-TSF None 3--Unnamed Tributaries to Schuylkill River Basins, Berks-Chester-Mont-
gomery County Border to Valley CreekMontgomery WWF None * * * * * 3--Perkiomen Creek Basin, Source to Second LR 06119 (SR 1010) Bridge at Hereford Berks CWF None * * * * * 3--Valley Creek Basin Montgomery-
ChesterEV None 3--Unnamed Tributaries to Schuylkill River Basins, Valley Creek to Tide Chester-
MontgomeryWWF None 3--Mellshamic Creek Basin Montgomery WWF None * * * * * § 93.9g. Drainage List G.
Delaware River Basin in Pennsylvania
Delware River
Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * 2--Chester Creek Basin, Source to East Branch Chester Creek Chester TSF None 3--East Branch Chester Creek Basin, Source to Unnamed Tributary at RM 0.4 (''Goose Creek'') Chester TSF None 4--Unnamed Tributary to East Branch Chester Creek at RM 0.4 (''Goose Creek'') Basin Chester WWF None 3--East Branch Chester Creek Basin, [Goose Creek] Unnamed Tributary at RM 0.4 to [Rocky Run] Mouth [Delaware] Chester TSF None 2--Chester Creek Basin, East Branch Chester Creek to Rocky Run Delaware TSF None [4] 3--Rocky Run Basin Delaware HQ-CWF, MF None [3] 2--[East Branch] Chester Creek Basin, Rocky Run to Confluence with West Branch Delaware TSF, MF None 3--West Branch Chester Creek Basin, Source to Green Creek Delaware TSF None 4--Green Creek Basin Delaware CWF, MF None 3--West Branch Chester Creek Basin, Green Creek to [Confluence with East Branch] Mouth Delaware TSF, MF None 2--Chester Creek Basin[, Confluence of East and] West [Branches] Branch to Dutton Mills Road Bridge Delaware TSF, MF None * * * * * § 93.9i. Drainage List I.
Susquehanna River Basin in Pennsylvania
Susquehanna River
Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * 2--Starrucca Basin, (all sections in PA) Unnamed Tributary at RM 11.[2]68 to Mouth Susquehanna CWF None * * * * * 2--Rummerfield Creek Basin Bradford WWF None 2--Wyalusing Creek [Bradford] [WWF] [None] * * * * * 3--Sugar Hollow Creek Basin Wyoming HQ-CWF None 3--Benson Hollow Basin Wyoming HQ-CWF None * * * * * § 93.9l. Drainage List L.
Susquehanna River Basin in Pennsylvania
West Branch Susquehanna River
Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * 5--Clear Creek Basin, Source to Mud Run Cameron EV None 6--Mud Run Basin Cameron HQ-CWF None 5--Clear Creek Basin, Mud Run to Mouth Cameron HQ-CWF None * * * * * 5--Unnamed Tributaries to Spring Creek Basins, PA 550 Bridge to Mouth Centre CWF None 5--Logan Branch Basin Centre [HQ-] CWF None * * * * * 4--Unnamed Tributaries to Pine Creek Basins, South Branch Pine Creek to Marsh Creek Potter-Tioga HQ-CWF None [4--Slate Run] [Main Stem, Confluence of Francis and Cushman Branches to Mouth] [Lycoming] [HQ-CWF] [None] [4--Unnamed Tributaries to Slate Run] [Basins, Confluence of Francis and Cushman Branches to Mouth] [Tioga-Lycom-
ing][HQ-CWF] [None] * * * * * [4--Kettle Creek] [Basin, Source to Ogdonia Creek] [Sullivan] [EV] [None] [5] 4-Ogdonia Creek Basin, Source to Kettle Creek Sullivan HQ-CWF None [4] 5--Kettle Creek Basin[, Ogdonia Creek to Mouth] Sullivan [HQ-CWF] EV None 4--Ogdonia Creek Basin, Kettle Creek to Mouth Sullivan HQ-CWF None * * * * * 3--Buffalo Creek Basin, Source to LR 59042 (SR [1004] 3005) Bridge Union HQ-CWF None * * * * * § 93.9n. Drainage List N.
Susquehanna River Basin in Pennsylvania
Juniata River
Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * 3--Frankstown Branch Juniata River [Main Stem, Source to South Poplar Run] [Blair] [CWF] [None] [3--Unnamed Tributaries to Frankstown Branch] [Basins, Source to South Poplar Run to Halter Creek] [Blair] [CWF] [None] 4--Beaverdam Creek Basin, Source to Pine Run Blair CWF None [4] 5--Pine Run Basin Blair WWF None 4--Beaverdam Creek Basin, Pine Run to Confluence with South Poplar Run Blair CWF None 4--South Poplar Run Basin, Source to Confluence with Beaverdam Creek Blair CWF None 3--Frankstown Branch Juniata River Main Stem, Confluence of Beaverdam Creek and South Poplar Run to Halter Creek Blair TSF None 4--Unnamed Tributaries to Frankstown Branch Basins, Confluence of Beaverdam Creek and South Poplar Run to Halter Creek Blair WWF None * * * * * § 93.9o. Drainage List O.
Susquehanna River Basin in Pennsylvania
Susquehanna River
Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * 3--Reynolds Run Basin Lancaster HQ-[TSF] CWF; MF None [3--Reynolds Run] [Basin] [Lancaster] [HQ-TSF; MF] [None] 2--Octoraro Creek (MD) * * * * * § 93.9q. Drainage List Q.
Ohio River Basin in Pennsylvania
Allegheny River
Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * 3--Charley Run Basin Warren CWF None [3--Nigger Run] [Basin] [Warren] [CWF] [None] 3--Hedgehog Run Basin Warren HQ-CWF None * * * * * § 93.9r. Drainage List R.
Ohio River Basin in Pennsylvania
Clarion River
Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * 4--Mason Creek Basin Elk CWF Add TON 4--Elk Creek Basin Elk CWF Add TON 4--Island Run Basin Elk CWF Add TON * * * * * § 93.9t. Drainage List T.
Ohio River Basin in Pennsylvania
Kiskiminetas River
Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * 5--Laughlintown Run [Main Stem] Basin, Source to Furnace Run Westmoreland HQ-CWF None [6--Unnamed Tributaries to Laughlintown Run] [Basins] [Westmoreland] [HQ-CWF] [None] [6--McMullen Run] [Basin] [Westmoreland] [HQ-CWF] [None] 6--Furnace Run Basin Westmoreland EV None 5--Laughlintown Run Basin, Furnace Run to Mouth Westmoreland HQ-CWF None * * * * * § 93.9w. Drainage List W.
Ohio River Basin in Pennsylvania
Ohio River
Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * [4] 3--Shenango River Basin, Source to Pymatuning Reservoir Crawford WWF None * * * * * § 93.9x. Drainage List X.
Lake Erie
Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * 3--Unnamed Tributaries to Conneaut Creek Basins (all sections in PA) Source to PA-OH State [order] Border Erie-Crawford CWF; MF None 3--Fish Creek Basin [Erie] Crawford CWF; MF None 3--Foster Run Basin [Erie] Crawford CWF; MF None 3--Crazy Run Basin [Erie] Crawford CWF; MF None * * * * *
[Pa.B. Doc. No. 96-1253. Filed for public inspection August 2, 1996, 9:00 a.m.]
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