Stream Redesignation Evaluation of Chester Creek and Reynolds Run; Water Quality Standards Review
[51 Pa.B. 6320]
[Saturday, October 2, 2021]
Under 25 Pa. Code § 93.4d (relating to processing of petitions, evaluations and assessments to change a designated use) the Department of Environmental Protection (Department) gives notice that evaluations will be conducted on the stream sections listed to determine the proper protected use designation in this Commonwealth's Water Quality Standards (WQS).
Stream Name County Tributary to Chester Creek Chester Delaware River Reynolds Run Lancaster Octoraro Creek
On July 11, 2020, the Commonwealth adopted revisions to its WQS regulations at 25 Pa. Code Chapter 93 (relating to water quality standards), and its toxics management strategy—statement of policy at 25 Pa. Code Chapter 16 (relating to water quality toxics management strategy—statement of policy), published at 50 Pa.B. 3426 (July 11, 2020). Under section 303 of the Federal Clean Water Act (act) (33 U.S.C.A. § 1313) and Federal regulations at 40 CFR Part 131 (relating to water quality standards), these revisions were submitted to the United States Environmental Protection Agency (EPA), Region 3, for review. The EPA approved the WQS revisions with exceptions that include:
• The revision to the designated use for Chester Creek (locally known as Goose Creek) in 25 Pa. Code § 93.9g (relating to Drainage List G).
• The revision to the designated use for Reynolds Run in 25 Pa. Code § 93.9o (relating to Drainage List O).
The adopted revisions to these waterbodies changed the designated use of Chester Creek in Chester County from Trout Stocking (TS), Migratory Fish to Warm Water Fishes and the designated use for Reynolds Run in Lancaster County from High Quality Waters (HQ), Cold Water Fishes to HQ, TS.
In accordance with 40 CFR 131.10(j)(2) (relating to designation of uses), a state must conduct a use attainability analysis (UAA) whenever the state ''wishes to remove a designated use that is specified in section 101(a)(2) of the act, to remove a sub-category of such a use, or to designate a sub-category of such a use that requires criteria less stringent than previously applicable.'' The revisions to Chester Creek and Reynolds Run would require some criteria that are less stringent than those previously applicable.
To initiate the UAA, the Department is requesting that persons who have technical data concerning the water quality, instream habitat or biological condition of these stream sections make the data available to the Department for consideration in these evaluations. Following the review of data and the application of the UAA, notice of draft reports which present the results of these evaluations will be provided with an opportunity for public review and comment. Public comments on the draft report will be addressed in a final report. The final report will be submitted to the EPA for review.
Data can be submitted by e-mail to firstname.lastname@example.org or by mail to Mark Brickner, Water Quality Division, Bureau of Clean Water, P.O. Box 8774, Harrisburg, PA 17105-8774. Data should be submitted by Monday, November 1, 2021. Questions concerning this evaluation can be directed to Mark Brickner at email@example.com or (717) 787-9637.
Persons in need of accommodations as provided for in the Americans with Disabilities Act of 1990 should contact Mark Brickner directly at (717) 787-9637, or through the Pennsylvania Hamilton Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users) to discuss how the Department may accommodate their needs.
[Pa.B. Doc. No. 21-1663. Filed for public inspection October 1, 2021, 9:00 a.m.]
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