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PA Bulletin, Doc. No. 01-1428



Acceptance of Rulemaking Petitions for Study

[31 Pa.B. 4248]

   At its July 17, 2001, meeting, the Environmental Quality Board (EQB) accepted three rulemaking petitions for study under 25 Pa. Code Chapter 23 (relating to Environmental Quality Board policy for processing petitions--statement of policy).

   Two of the petitions request changes to the designated uses for streams in Wayne and Clearfield counties. A petition for Clarks Creek (Wayne County) was submitted by Glenn Abello of Forest City and requests a redesignation of the stream from Cold Water Fishes (CWF) to High Quality--Cold Water Fishes (HQ-CWF). A petition for Pine Run (Clearfield County), submitted by members of the Chest Township Road District, asks that this water body be upgraded from CWF to either HQ-CWF or Exceptional Value Waters.

   The third petition was submitted by the Millcreek Township Board of Supervisors and requests clarification of bluff recession hazard areas designated for Millcreek Township, as identified in 25 Pa. Code § 85.26 (relating to designated municipalities and minimum bluff setback distances for identified categories of structures). Hazard areas under 25 Pa. Code Chapter 85 (relating to bluff recession and setback) were designated over 20 years ago based on a 1975 document entitled Shoreline Erosion and Flooding, Erie County, prepared by the Great Lakes Research Institute. The EQB's acceptance of the petition is based on the Department of Environmental Protection's (DEP) intent to commission a study of all bluff areas listed in 25 Pa. Code Chapter 85. These areas are limited to Erie County. DEP will utilize the Commonwealth's Request for Proposals (RFP) process to retain an independent organization to perform the study. It is anticipated that the RFP process will begin this fall. Following completion of the study, DEP will make a recommendation on whether regulatory changes are necessary.

   Copies of the petitions are available from the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, and on DEP's web site at


[Pa.B. Doc. No. 01-1428. Filed for public inspection August 3, 2001, 9:00 a.m.]

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