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PA Bulletin, Doc. No. 03-1220



Acceptance of Rulemaking Petitions for Study

[33 Pa.B. 2948]

   On May 21, 2003, the Environmental Quality Board (EQB) accepted two rulemaking petitions for study under 25 Pa. Code Chapter 23 (relating to Environmental Quality Board policy for processing petitions--statement of policy).

   James Stuhltrager, Esq., on behalf of the Little Lehigh Watershed Coalition, submitted the first petition reviewed and accepted for study by the EQB. The petition requests the redesignation of the main stem of the Little Lehigh Creek in Lehigh County from High Quality-Cold Water Fishes (HQ-CWF) to an Outstanding National Resource Water (ONRW), a Federal category of special protection provided in the Federal antidegradation policy (40 CFR 131.32 (relating to Pennsylvania)). While ONRW is a category that is not included in 25 Pa. Code Chapter 93 (relating to water quality standards), it is a part of a broader Exceptional Value Water (EV) category, which is a longstanding State category of protection included in Chapter 93; therefore, the Department of Environmental Protection (Department) recommended that the petition be evaluated in accordance with the criteria for EV waters.

   Maxine M. Woelfling submitted the second petition that was reviewed and accepted for study by the EQB. She submitted the petition on behalf of Heidelberg Township to redesignate Hammer Creek as Trout Stocking Fishes (TSF) from its sources in Lebanon County to the Speedwell Forge Lake Dam in Lancaster County. Heidelberg Township believes that the water use classification of this segment of Hammer Creek was incorrectly designated, first as Conservation Area, CWF in 1973 and then as HQ-CWF in 1979.

   Under 25 Pa. Code § 93.4d(a) (relating to processing of petitions, evaluations and assessments to change a designated use), the Department publishes a notice of intent to assess candidate waters before performing survey work. The Department's assessment notice for Hammer Creek was published at 33 Pa.B. 2712 (June 7, 2003). The Department's assessment notice for the Little Lehigh Creek published at 33 Pa. B. 2933 (June 21, 2003).

   The petitions are available from the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526 and on the Department's website at, DirectLINK: EQB (May 21, 2003, meeting).


[Pa.B. Doc. No. 03-1220. Filed for public inspection June 20, 2003, 9:00 a.m.]

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