This space for use by IRRC
(1) Agency
Department of Environmental Protection
(2) LD. Number (Governor's Office Use) 7-366 IRRC Number: 3^^> (g (3) Short Title
Stream Redesignations, Class A Wild Trout Waters
(4) PA Code Cite (5) Agency Contacts & Telephone Numbers
25 PA Code, Chapter 93 Primary Contact: Sharon Trostle, 783-1303 Secondary Contact: Edward R. Brezina, 787-9637
(6) Type of Rulemaking (Check One) (7) Is a 120-Day Emergency Certification Attached? Proposed Rulemaking X No X Final Order Adopting Regulation Yes: By the Attorney General Final Order, Proposed Rulemaking Omitted Yes: By the Governor (8) Briefly explain the regulation in clear and nontechnical language
This rulemaking modifies Chapter 93 to reflect the recommended redesignation of a number of Class A wild trout streams. The changes involve certain streams or stream segments being redesignated ais High Quality (HQ) Waters. The changes provide the appropriate designated use for these streams to protect existing uses. These changes may, upon implementation, result in more stringent treatment requirements for new and/or expanding wastewater discharges to the streams in order to protect the existing and designated water uses.
(9) State the statutory authority for the regulation and any relevant state or federal court decisions.
These proposed amendments are made under the authority of the following acts: The Pennsylvania Clean Streams Law, Act of June 22, 1937 (P.L. 1987, No 394) as amended. 35 P.S.S 691,5 etseq. Section 1920-A of the Administrative Code of 1929, 71 P.S. § 510-20. 40 CFR §131.32 Section 303 of the Federal Clean Water Act (33 U.S.C §1313)
Page 1 of8 (10) Is the regulation mandated by any federal or state law or court order, or federal regulation? If yes, cite the specific law, case or regulation, and any deadlines for action.
Although this regulation is not specifically mandated by Federal or state law or regulations, Section 303(c) of the federal Clean Water Act requires that states review their water quality standards and modify them, as appropriate, at least once every three years. This regulation is undertaken as part of the Department's ongoing review of Pennsylvania's water quality standards. There are no deadlines for action associated with the regulation. However, until this regulation is adopted, it will be difficult to ensure that the Department is providing the appropriate designated uses of these streams.
(11) Explain the compelling public interest that justifies the regulation. What is the problem it addresses?
These regulations are needed to provide the appropriate designated use protection for the streams being revised to mirror the existing use. These amendments will minimize the potential for unwarranted additional treatment costs, or the risk of being under-protective, which could lead to jeopardizing [he uses and continued availability of these aquatic resources.
(12) State the public health, safety, environmental or general welfare risks associated with non- regulation.
Retaining the current designations in the stream listings promotes water quality standards that may be under-protective of the existing uses of these aquatic resources. Being under-protective jeopardizes the continued health of these aquatic resources.
(13) Describe who will benefit from the regulation. (Quantify the benefits as completely as possible and approximate the number of people who will benefit)
The citizens of the Commonwealth will benefit from these revisions to the designated uses, which will further promote the continued health of these aquatic resources. Maintenance of existing water quality in HQ streams will ensure the continued preservation of these sensitive ecosystems.
Page 2 of 8 (14) Describe who will be adversely affected by the regulation. (Quantify the adverse effect as completely as possible and approximate the number of people who will be adversely affected,)
The streams that are redesignated are already protected at their existing use, and therefore the designated use changes will have no impact on treatment requirements. Persons proposing new or expanded activities or projects which result in discharges to these and/or other waters of the Commonwealth are required to provide effluent treatment according to the water quality criteria and designated and existing uses. Increased costs may take the form of increased treatment costs, or the cost to evaluate nondischarge alternatives, which is required for activities in HQ or EV watersheds. Nondischarge alternatives that are environmentally sound and cost-effective must be used. This regulation will be implemented through the National Pollutant Discharge Elimination System (NPDES) permitting program since the stream use designation is a major basis for determining allowable stream discharge effluent limitations.
(15) List the persons, groups or entities that will be required to comply with the regulation. (Approximate the number of people who will be required to comply.)
See Question #14. Persons proposing new or expanded activities or projects which result in discharges to these waters of the Commonwealth must comply with this regulation by providing the appropriate level of wastewater treatment for discharges to these waters.
(16) Describe the communications with and inputs from the public in the development and drafting of the regulation. List the persons and/or groups who where involved, if applicable.
Potentially affected municipalities were notified by letter of the stream evaluations and asked to provide any readily available data. In addition, data was requested from the public through a newspaper notice. There was a public comment period of 45 days to receive comments, suggestions or objections to this proposal.
(17) Provide a specific estimate of the cost and/or savings to the regulated community associated with compliance, including any legal, accounting or consulting procedures which may be required.
The streams that are redesignated are already protected at their existing use, and therefore the designated use revisions will have no impact on treatment requirements. This regulation may, upon implementation, affect new and expanding dischargers of wastewater to these streams. Dischargers planning to add new, or expand existing discharges to streams may experience higher treatment costs. The increased costs may take the form of higher engineering, construction or operating costs for wastewater treatment facilities. It is not possible to precisely predict the actual change in costs si nee these are site-specific and depend upon the size of the receiving stream and many other factors.
Page 3 of8 (18) Provide a specific estimate of the cost and/or savings to local governments associated with compliance, including any legal, accounting or consulting procedures which may be required.
See Question 17.
No costs will be imposed directly upon local governments by this regulation. However, there may, upon implementation, be additional indirect costs incurred by local governments that may take the form of engineering and consulting fees needed to review and possibly revise existing Act 537 Sewage Facilities Plans and local ordinances.
(19) Provide a specific estimate of the cost and/or savings to state government associated with the implementation of the regulation, including any legal, accounting or consulting procedures which may be required.
See Questions 17 and 18.
This regulation is based on, and will be implemented through, existing Department programs, procedures and policies. There are no additional implementation costs associated with this regulation.
Page 4 of8 (20) In the table below, provide an estimate of the fiscal savings and cost associated with implementation and compliance for the regulated community, local government, and state government for the current year and five subsequent years. Current FY FY+l FY+2 FY+3 FY+4 FY+5 Year Year Year Year Year Year SAVINGS; $ $ $ $ $ $ Regulated Community Not Measurable Local Government it State Governments •I Total Savings it COSTS: Regulated Community Not Measurable Local Government it State Governments • I Total Cost •1 REVENUE LOSSES: Regulated Community Not Measurable Local Government if State Governments it Total Revenue Losses ft (20a) Explain how the cost estimates listed above were derived.
Not Applicable
Page 5 of 8 m HB9HBBHB (20b) Provide the]>ast three year expenditure history for programs affected fry the regulation.
Program FY-3 FY-2 FY-1 Current 1?Y Water Quality 16,704,886 16,605,573 18,741,606 15,995,084 Management
(21) Using the cost-benefit information provided above, explain how the benefits of the regulation outweigh the adverse effects and cost.
Although it is not possible to approximate the change in costs, the Department believes that the benefits of providing the appropriate level of designated use protection and continued maintenance and availability of the Commonwealth's aquatic resources outweigh the potential costs or adverse effects of this proposal.
(22) Describe the non-regulatory alternatives considered and the cost associated with those alternatives. Provide the reasons for their dismissal.
There were no non-regulatory alternatives available to consider in this case.
(23) Describe alternative regulatory schemes considered and the cost associated with those schemes. Provide the reasons for their dismissal.
There were no alternative regulatory schemes available to consider in order to apply the appropriate designated use in 25 Pa. Code, Chapter 93. Water Oualitv Standards to mirror the existing uses of these aquatic resources.
Page 6 of8 (24) Are there any provisions that are more stringent than federal standards? If yes, identify the specific provisions and the compelling Pennsylvania interest that demands stronger regulations.
No, the regulations are not more stringent than the companion federal standards allow.
(25) How does the regulation compare with those of other states? Will the regulation put Pennsylvania at a competitive disadvantage with other states?
Other states are also required to maintain water quality standards that include similar minimum antidegradation requirements, and additional protection for surface waters that are considered ecologically significant and/or outstanding local resource waters.
These regulations should not put Pennsylvania at a competitive disadvantage with other states. These amendments are intended to provide the appropriate level of designated use protection for the streams listed.
(26) Will the regulation affect existing or proposed regulations of the promulgating agency or other state agencies? If yes, explain and provide specific citations.
No other regulations or State Agencies are affected by this proposal.
(27) Will any public hearings or informational meetings be scheduled? Please provide the dates, times, and locations, if available.
No public hearings or meetings were held concerning these regulations.
Page 7 of 8 (28) Will the regulation change existing reporting, record keeping, or other paperwork requirements? Describe the changes and attach copies of forms or reports which will be required as a result of implementation, if available.
No additional reporting, record keeping or other paperwork will be required.
(29) Please list any special provisions which have been developed to meet the particular needs of affected groups or persons including, but not limited to, minorities, elderly, small businesses, and farmers.
There are no such provisions in this regulation. However, any future dischargers to High Quality waters will be given an opportunity to: (1) justify discharges which will degrade the stream based on social/economic considerations, and (2) demonstrate that application of advanced treatment technology or alternate wastewater handling/disposal techniques will allow the discharge to occur without degrading the stream.
(30) What is the anticipated effective date of the regulation; the date by which compliance with the regulation will be required; and the date by which any required permits, licenses or other approvals must be obtained?
The regulation will become final after review and approval by the Environmental Quality Board and publication in the Pennsylvania Bulletin as final rulemaking.
(31) Provide the schedule for continual review of the regulation.
This regulation will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulation effectively fulfills the goals for which it was intended.
Page 8 of8 REPORT TO THE ENVIRONMENTAL QUALITY BOARD RESPONSE TO COMMENTS PROPOSED STREAM REDESIGNATIONS Class A Wild Trout Waters
The Environmental Quality Board (EQB) approved the Class A Wild Trout Waters proposed rulemaking package at its October 16, 2001 meeting. The package was published in the Pennsylvania Bulletin on December 8, 2001 (31 Pa.B 6678) with provision for a 45- day public comment period that closed on January 22, 2002.
Supportive Comment
Comment: A total of 145 form letters were received by e-mail in support of the redesignations (1). The letters read, in part, "I am writing to show my support for your current proposal to add over 100 segments of waterways to the state's Special Protection Waters Program. Working to protect the state's waterways is an important part of protecting Pennsylvania's natural heritage and safeguarding our streams from potential pollution and degradation."
Response: The Department appreciates the supportive comments submitted on these proposed redesignations.
The United States Environmental Protection Agency (EPA), Region 3, submitted a letter indicating that they had no comments on the proposed rulemaking. They commended the Department for its continuing efforts to upgrade streams. The Independent Regulatory Review Commission (IRRC) had no comments on the proposed rulemaking.
Commentator List Class A Wild Trout Waters Proposed Rulemaking (#7-366)
ID Number Name/Address 1 Ms. Claudia Olive 28 Ave. at Port Imperial (Apt. 319) West New York, NJ (145 form letters received) 2 Evelyn S. MacKnight, Chief PA/DE Branch (3 WP11) Office of Watersheds U.S. Environmental Protection Agency 1650 Arch Street Philadelphia, PA
UL-1
FACE SHEET FOR RUNG DOCUMENTS WITH THE LEGISLATIVE REFERENCE BUREAU
(Pursuant to Commonwealth Documents Law) i > • - )
4-2^ DO HOT WftfTt M THIS SPACE
)Or betaw is hereby approved as to Copy below is hereby certified tp be a true and correct copy i and legality. Attorney General Copy below a hereby approved as to of a document issued, prescribed or promulgated by: form and legality. Executive or Independ- DEPARTMENT OF ENVIRONMENTAL PROTECTION ent Agencies. ENVIRONMENTAL QUALITY BOARD (AGENCY) « it>L&tk: tf>erurr AITORNEY CCMCRAD 7-366 OOCUIlEMr/FtSCM. MOTS NO. . 'lr*loa 1-{(*'QZ. OA1< OF APPftO^AI. DATE Of APPROVAL DATE OF ADOPTION: (Deputy General Counsel) Az^nP > fMel ^¥«ncy) ©trike inapplicable tide) heck if applicable DAVID E. HESS, CHAIRMAN TTTLE: O Check if applicable. No A torney Gen - opy not approved. Objections CttCUTrve ofnciR. CHAIAIIAN OR S£CRETA«Y) ttadied. eral approval or objection within 30 days after submission.
ORDER ADOPTING REGULATIONS
DEPARTMENT OF ENVIRONMENTAL PROTECTION ENVIRONMENTAL QUALITY BOARD
Class A Wild Trout Waters
25 Pa, Code, Chapter 93
ORDER DEPARTMENT OF ENVIRONMENTAL PROTECTION ENVIRONMENTAL QUALITY BOARD 25 PA, Code, Chapter 93 Stream Redesignations (Class A Wild Trout Waters)
The Environmental Quality Board (Board) by this order amends 25 Pa. Code Chapter 93.9 to read as set forth in Annex A.
This order was adopted by the Board at its meeting of July 16, 2002.
A. Effective Date
These 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 Water Quality Assessment and Standards, Bureau of Water Supply and Wastewater Management, 1 lth Floor, Rachel Carson State Office Building, P.O. Box 8467,400 Market Street, Harrisburg, PA 17105-8467,717-787-9637 or Michelle Moses, 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 1-800-654-5984 (TDD users) or 1-800-654- 5988 (voice users). This proposal is available electronically through the Department of Environmental Protection's (Department) Web site (http://www.dep.state.pa.us).
C. Statutory and Regulatory Authority
This final-form rulemaking is being made under the authority of Sections 5(b)(l) and 402 of the Clean Streams Law (35 P.S. §§691.5(b)(l) and 691.402), which authorize the Environmental Quality Board to develop and adopt rules and regulations to implement the provisions of the Clean Streams Law, and Section 1920-A of the Administrative Code of 1929 (71 P.S. §510-20), which grants to the Board the power and duty to formulate, adopt and promulgate rules and regulations for the proper performance of the work of the Department. In addition, Section 303 of the Federal Clean Water Act (33 U.S.C. §1313) sets forth requirements for water quality standards and the federal regulation in 40 CFR §131.32 sets forth certain requirements for portions of the Commonwealth's antidegradation program.
D. Background of the Amendments
Water quality standards are in-stream water quality goals that are implemented by imposing specific regulatory requirements (such as treatment requirements and effluent limits) on individual sources of pollution.
The Department considers candidates for High Quality (HQ) or Exceptional Value (EV) Waters designation in its ongoing review of water quality standards. In general, HQ and EV waters shall be maintained at their existing quality, and wastewater treatment requirements shall ensure the attainment of designated and existing uses. The Department may identify candidates during routine waterbody investigations. Requests for consideration may also be initiated by other agencies, such as the Pennsylvania Fish and Boat Commission (PFBC). Organizations, businesses or individuals may submit a rulemaking petition to the Board. These streams were evaluated in response to a submittal from the PFBC under § 93.4b of the Department's Rules and Regulations (relating to qualifying as High Quality Waters). Subsection 93.4b(a)(2)(ii) is the Class A wild trout stream qualifier. It states that a surface water that has been designated a Class A wild trout stream by the PFBC following public notice and comment qualifies for HQ designation. The PFBC published notice and requested comments on the Class A designation of these streams at 29 Pa. B. 4624 (August 28, 1999) and 29 Pa. B. 4831 (September 11, 1999). The Commissioners approved these waters on September 27, 1999, and this action was announced at 29 Pa. B. 6202 (December 4,1999).
Department staff conducted an independent review of the trout biomass data in the fisheries management reports for these streams. This review was conducted to ensure that the Class A criteria were met.
Copies of the PFBC fisheries management reports for these waterbodies are available from Edward R. Brezina whose address and telephone number are listed in Section B.
E. Summary of Comments and Responses on the Proposed Rulemaking
A total of 145 form letters were received by e-mail in support of the redesignations. The letters read, in part, "I am writing to show my support for your current proposal to add over 100 segments of waterways to the state's Special Protection Waters Program. Working to protect the state's waterways is an important part of protecting Pennsylvania's natural heritage and safeguarding our streams from potential pollution and degradation." The United States Environmental Protection Agency (EPA) Region 3 submitted a letter indicating that they had no comments on the proposed rulemaking and they commended the Department for its continuing efforts to upgrade streams.
F. Summary of Changes to the Proposed Rulemaking
No changes were made to the proposed rulemaking.
G. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost /benefit analysis of the amendments.
1 • Benefits - Overall, the citizens of the 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 accordance with the existing use of the stream. 2. Compliance Costs - Generally, the changes should have no fiscal impact on, or create additional compliance costs for the Commonwealth or its political subdivisions. The streams are already protected at their existing use, and therefore the designated use changes will have no impact on treatment requirements. No costs will be imposed directly upon local governments by this recommendation. Political subdivisions that add a new sewage treatment plant or expand an existing plant in these basins may experience changes in cost as noted below in the discussion of impacts on the private sector.
Persons conducting or proposing activities or projects that result in new or expanded discharges to streams must comply with the regulatory requirements relating to designated and existing uses. These persons could be adversely affected if they expand a discharge or add a new discharge point since they may need to provide a higher level of treatment to meet the designated and existing uses of the stream. These increased costs may take the form of higher engineering, construction or operating costs for wastewater treatment facilities. Treatment costs are site-specific and depend upon the size of the discharge in relation to the size of the stream and many other factors. It is therefore not possible to precisely predict the actual change in costs.
3. Compliance Assistance Plan - The regulatory revisions have been developed as part of an established program that has been implemented by the Department since the early 1980's. The revisions are consistent with and based on existing Department regulations. The revisions extend additional protection to selected waterbodies that exhibit high water quality and are consistent with antidegradation requirements established by the Federal Clean Water Act and Pennsylvania Clean Streams Law. All surface waters in the Commonwealth are afforded a minimum level of protection through compliance with the water quality standards, which prevent pollution and protect existing water uses.
The amendments will be implemented through the National Pollutant Discharge Elimination System (NPDES) permitting program since the stream use designation is a major basis for determining allowable stream discharge effluent limitations. These permit conditions are established to assure water quality criteria are achieved and designated and existing uses are protected. New and expanding dischargers with water quality based effluent limitations are required to provide effluent treatment according to the water quality criteria associated with existing uses and revised designated water uses.
4. Paperwork Requirements - The regulatory revisions should have no direct paperwork impact on the Commonwealth, local governments and political subdivisions, or the private sector. These regulatory revisions are based on existing Department regulations and simply mirror the existing use protection that is already in place for these streams. There may be some indirect paperwork requirements for new or expanding dischargers to streams upgraded to HQ. For example, NPDES general permits are not currently available for new or expanded discharges to these streams. Thus an individual permit, and its associated paperwork, would be required. Additionally, paperwork associated with demonstrating social and economic justification (SEJ), and the non-feasibility of non-discharge alternatives, will be required for new or expanded discharges to certain HQ Waters.
H. Pollution Prevention
The antidegradation program is a major pollution prevention tool because its objective is to prevent degradation by maintaining and protecting existing water quality and existing uses. Although the antidegradation program does not prohibit new or expanded wastewater discharges, non-discharge alternatives are encouraged, and required when environmentally sound and cost effective. Non- discharge alternatives, when implemented, remove impacts to surface water and reduce the overall level of pollution to the environment by remediation of the effluent through the soil.
I. Sunset Review
This regulation will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulation effectively fulfills the goals for which it was intended. J. Regulatory Review
Under Section 5(a) of the Regulatory Review Act (71 P.S. §745.5(a)), on November 27, 2001, the Department submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees for review and comment.
Under Section 5(c) of the Regulatory Review Act, the Department also provided IRRC and the Committees with copies of the comments received, as well as other documentation. In preparing these final-form regulations, the Department has considered all comments received from the public. IRRC and the Committees did not provide comments on the proposed rulemaking.
This final-form regulation was deemed approved by the House and Senate Committees on , 2002. IRRC met on , 2002, and approved the amendments in accordance with Section 5.1(e) of the Regulatory Review Act.
K. Findings \
The Board finds that:
(1) Public notice of proposed rulemaking was given under Sections 201 and 202 of the Act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202) and regulations promulgated thereunder, 1 Pa. Code §§7.1 and 7.2.
(2) A public comment period was provided as required by law, and all comments were considered.
(3) These final-formregulation s do not enlarge the purpose of the proposal published at 31 Pa.B 6678 (December 8, 2001).
(4) These final-form regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this Order.
(5) These regulatory amendments do not contain standards or requirements that exceed requirements of the companion federal regulations.
L. Order
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapter 93, are amended by amending §§ 93.9d, 93.9f, 93.9h, 93.9j, 93.9k, 93.91, 93.9n, 93.9o, 93.9p, 93.9q, 93.9r, 93.9t, 93.9v and 93.9z to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval and review as to legality and form, as required by law.
(c) The Chairperson of the Board shall submit this order and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act. (d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect immediately.
BY:
DAVID E. HESS Chairman Environmental Quality Board
ANNEXA
TITLE 25. ENVIRONMENTAL PROTECTION^ PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION Subpart C. PROTECTION OF NATURAL RESOURCES ARTICLE H WATER RESOURCES
CHAPTER 93. WATER QUALITY STANDARDS
***** §93.9d. Drainage List D. Delaware River Basin in Pennsylvania Lehigh River Exceptions To Water Uses Specific Stream Zone County Protected Criteria
3 - Pohopoco Creek Basin, Source to [Dotters Creek] [Carbon] CWF None SR 3016 Bridge at Monroe Merwinsburg
3 - Pohopoco Creek Main Stem, SR 3016 Bridge to Monroe HO-CWF None SR 0209 Bridge at Kresgeville
4 - Unnamed Tributaries to Basins, SR 3016 Bridge to SR Monroe CWF None Pohopoco Creek 0209 Bridge at Kresgeville
4 - Sugar Hollow Creek Basin Monroe CWF None
4 - Weir Creek Monroe CWF Njjne
[4 - Dotters Creek Basin Carbon HQ-CWF None]
4 - Middle Creek Basin. Source to T-444 Bridge Monroe CWF None
4 - Middle Creek Basin. T-444 Bridge to Mouth Monroe HO-CWF None
3 - Pohopoco Creek Basin, [Dotters Creek to Wild Carbon CWF None Creekl Middle Creek to Wild Creek *****
3 - Saucon Creek B asiru Source to Black River Northampton CWF None 4 - Black River Basin Northampton CWF None
3 - Saucon Creek Main Stem. Black River to SR Northampton HO-CWF None 412 Bridge
4 - Unnamed Tributaries to Basins, Black Creek to SR 412 Northampton CWF None Saucon Creek Bridge
3 - Saucon Creek Basin. SR 412 Bridge to Mouth Northampton CWF None
-1- 3 - Nancy Run Basin. Source to SR 3007 Northampton CWF, MF None Bridge
3 - Nancv Run Basin, SR 3007 Bridge to Northampton HO-CWF. MF None Mouth
§93.9f. Drainage List F. Delaware River Basin in Pennsylvania Schuylkill River Exceptions To Water Uses Specific Stream Zone County Protected Criteria
2 - Schuylkill River Main Stem, Source to Little Schuylkill CWF None Schuylkill River
3 - Bear Creek Basin, Source to UNT 02300 at Schuylkill [CWF] None River Mile 7.6 HO-CWF
4 - Unnamed Tributary Basin Schuvlkill CWF None 02300 to Bear Creek
3 - Bear Creek Basin, UNT 02300 to Mouth Schuvlkill CWF None
*****
3 - Little Schuylkill River Basin, Still Creek to Owl Creek Schuylkill CWF None
4 - Owl Creek Basin [, source to Lower Schuylkill HQ-CWF None Tamaqua Dam]
[4 - Owl Creek Basin, Lower Tamaqua Dam to Schuylkill CWF None Mouth
3 - Little Schuylkill River Basin, Owl Creek to [Rattling Schuylkill CWF None Runl Cold Run
4 - Cold Run Basin, Source to Beaver Creek Schuvlkill HO-CWF None
5 - Beaver Creek Basin. Source to Church Lane Schuvlkill HO-CWF None at River Mile 1.5
5 - Beaver Creek Basin. River Mile 1.5 to Mouth Schuvlkill CWF None
4 - Cold Run Basin, Beaver Creek to Mouth Schuvlkill CWF None
3 - Little Schuvlkill River Basin. Cold Run to UNT 02206 Schuvlkill CWF None at River Mile 4.3
-2- 4 - Unnamed Tributary 02206 to Basin Schuvlkill HO-CWF None Little Schuvlkill River
3 - Little Schuvlkill River Basin. UNT 02206 to Rattling Schuvlkill Noine Run
3 - Maiden Creek Main Stem, Pine Creek to Berks TSF None Moselem Creek
4 - Furnace Creek Basin. Source to River Mile 3.0 Berks [TSF] None HO-CWF 4 - Furnace Creek Basin, River Mile 3.0 to Mouth Berk TSF None
3 - Wyomissing Creek Basin, Source to Inlet of Pond Berks [CWF] Ncne at Reading Public Museum HO-CWF
3 - Wvomissing Creek Basin, Inlet of Pond at Reading Berks CWF None Public Museum to Mouth
3 - Perkiomen Creek Basin, Source to [LR 06119 (]SR Berks [CWF] None 1010D] Bridge at Hereford HQ-CWF
3 - Perkiomen Creek Basin, [LR 06119] SR 1010 Montgomery TSF None Bridge to Green Lane Reservoir Dam
§93.9h. Drainage List H. Susquehanna River Basin in Pennsylvania Tioga River Exceptions To Water Uses Specific Stream Zone County Protected Criteria
*****
3 - Cowanesque River Main Stem, North Fork to PA-NY Tioga WWF None State Border
*****
4 - Jemison Creek Basin. Source to T-559 Bridge Tioga [WWF] None at Azelta HO-CWF 4 — .lemison Creek Basin. T-559 Bridge to Mouth Tioga WWF None
-3- §93.9j. Drainage List J. Susquehanna River Basin in Pennsylvania Lackawanna River Exceptions To Water Uses Specific Stream Zone County Protected Criteria
2 - Lackawanna River Main Stem, Confluence East and Lackawanna [TSF] None West Branches to [Rush Brook] HO-CWF SR 0347 Bridge at Dickson City
3 - Unnamed Tributaries to Basins, Confluence of East and Susquehanna- CWF None Lackawanna River West Branches to [Rush Brook] Wayne-Lackawanna SR 0347 Bridge at Dickson City
*****
[2 - Lackawanna River Main Stem, Luzerne WWF None Rush Brook to Mouth
3 - Unnamed Tributaries to Basins, Rush Brook to Mouth Lackawanna CWF None] Lackawanna River
3 - Hull Creek Basin Lackawanna CWF None
2 - Lackawanna River Main Stem, SR 0347 Bridge to Luzerne CWF None Mouth
3 - Unnamed Tributaries to Basins. SR 0347 Bridge to Luzerne CWF None Lackawanna River Mouth
3 - Eddy Creek Basin Lackawanna WWF None
§93.9k. Drainage List K. Susquehanna River Basin in Pennsylvania Susquehanna River Exceptions To Water Uses Specific Stream Zone County Protected Criteria *****
2 - Solomon Creek Basin, Source to Pine Creek Luzerne [CWF] None HO-CWF
3 - Pine Creek Basin Luzerne CWF None
2 — Solomon Creek Basin. Pine Creek to Mouth Luzerne CWF None
***** -4- 2 - Tenmile Run Basin, Source to UNT 28081 at Columbia [CWF] Noiie River Mile 2.49 HO-CWF
3 - Unnamed Tributary 28081 to Basin Columbia CWF None Tenmile Run
2 - Tenmile Run Basin, UNT 28081 to Mouth Columbia CWF None
2 - Catawissa Creek Main Stem, Source to Rattling FLuzerne] CWF None Run Schuvikill
3 - Rattling Run Basin Schuylkill [CWF] None HO-CWF *****
3 - Little Catawissa Creek Basin, Source to T-431 Schuylkill HQ-CWF None
3 - Little Catawissa Creek Basin, T-431 to [Mouth] Trexler Schuylkill CWF None Run
4 - Trexler Run Basin Schuylkill HO-CWF Ncme
3 - Little Catawissa Creek Basin, Trexler Run to Mouth Schuvikill CWF None
3 - Tomhicken Creek Basin* Source to Little Crooked Schuylkill CWF None Run
4 - Little Crooked Run Basin Schuvlkill HO-CWF None
3 - Tomhicken Creek Basin, Little Crooked Run to Schuvikill CWF None Raccoon Creek
4 - Raccoon Creek Basin Schuvlkill HO-CWF None
3 - Tomhicken Creek Basin, Raccoon Creek to Mouth Schuvikill CWF None
3 - Crooked Run Basin Schuylkill [CWF] None HO-CWF 3 - Cranberry Run Basin Columbia CWF None
3 - Klingermans Run Basin Columbia [CWF] None HO-CWT
3 - Beaver Run Basin Columbia CWF None
3 - Mine Gap Run Basin Columbia CWF NDne
3 - Fisher Run Basin Columbia [CWF] None HO-CWF
3 - Scotch Run Basin Columbia CWF None
-5- 3 - Furnace Run Basin Columbia [CWF] None HO-CWF
§93.91. Drainage List L. Susquehanna River Basin in Pennsylvania West Branch Susquehanna River Exceptions To Water Uses Specific Stream Zone County Protected Criteria
3 - Clearfield Creek Main Stem Clearfieid WWF None *****
4 - Sandy Run Basin Cambria [CWF] None HO-CWF
4 - Powell Run Basin Cambria CWF None
4 - Fallentimber Run Basin Cambria CWF None
4 - Beaverdam Run Basin Cambria CWF None *****
3 - Moshannon Creek [Main Steml Basin, Source to Clearfieid - Centre [TSF] None ROUD Run HO-CWF
4 - Unnamed Tributaries to Basins, Roup Run to Mouth Clearfieid - Centre CWF None Moshannon Creek
[4 - Wilson Run Basin Clearfieid CWF None]
4 - Laurel Run Basin. Source to Simeling Run Clearfieid CWF None
5 - Simeling Run Basin Clearfieid HO-CWF None
4 - Laurel Run Basin, Simeling Run to Mouth Clearfieid CWF NSfie.
4 - Bennett Branch Sinnemahoning Main Stem, Mill Run to Cameron WWF None Creek Confluence with Driftwood Branch
-6- 5 - Trout Run Basin, Source to Spring Run Elk CWF None
6 - Sorine Run Basin Elk HO-CWF None
5 - Trout Run Basin, Spring Run to Mouth Elk CWF None
*****
5 - Dents Run Basin Elk [CWF] None HO-CWF *****
5 - Miller Run Basin Cameron [CWF] None HO-CWF *****
4 - Driftwood Branch [Main Stem, Source to Cameron [TSF] None Sinnemahoning Creek Confluence with Bennett HO-CWF Branch! Basin, Source to Elk Fork
[5 - Unnamed Tributaries to Basins, Source to Confluence Elk-Cameron HQ-CWF None Driftwood Branch with Bennett Branch Sinnemahoning Creek
5 - Devils Hole Basin Elk HQ-CWF None
5 - Billy Buck Run Basin Elk HQ-CWF None
5 - Cherry Run Basin Elk HQ-CWF None
5 - Windfall Run Basin Elk HQ-CWF None
5 - Robinson Run Basin Cameron HQ-CWF None
5 - Indian Camp Run Basin Cameron HQ-CWF None]
5-ElkFork ' Basin, Source to Nichols Run Cameron EV None
6 - Nichols Run Basin Cameron HQ-CWF None
5-ElkFork Basin, Nichols Run to Mouth Cameron HQ-CWF Ncne
4 - Driftwood Branch Main Stem, Elk Fork to Cameron TSF Noiie Sinnemahonine Creek Confluence with Bennett Branch
5 - Unnamed Tributaries to Basins, Elk Fork to Confluence Cameron HO-CWF None Driftwood Branch with Bennett Branch Sinnemahoning Creek
3 - Kettle Creek Basin, Alvin Bush Dam to Clinton TSF None [Mouthl Twomile Run
-7- 4 - Twomile Run Basin, Source to Middle Branch Clinton HO-CWF None Twomile Run
5 - Middle Branch Twomile Basin TSF None Run
4 - Twomile Run Basin, Middle Branch to Mouth Clinton TSF None
3 - Kettle Creek Basin. Twomile Run to Mouth Clinton TSF None
3 - Bald Eagle Creek Main Stem, Laurel Run to Nittany Centre TSF None Creek
* * * * *
4 - Wallace Run Basin, Unnamed Tributary at Centre [CWF] Ncne Gum Stump to Mouth HO-CWF
4 - Spring Creek Main Stem, Source to PA 550 - Centre HQ-CWF Ncne Bridge *****
5 - Slab Cabin Run Basin, PA 26 at RM 9.0 to . Centre CWF Ncne TMouthl UNT 23037
6 - Unnamed Tributary Basin Centre HO-CWF None 23037 (locally Thompson Run)
5 - Slab Cabin Run Basin, UNT 23037 to Mouth Centre CWF None
4 - Spring Creek Main Stem, PA 550 Bridge to Centre [CWF] Ncne Mouth HO-CWF *****
5 - Logan Branch Basin, Source to T-371 Bridge Centre CWF Ncne
5 - Logan Branch Main Stem. T-371 Bridge to Centre HO-CWF None Mouth to Mouth
6 — Unnamed Tributaries Basins, T-371 Bridge to Mouth Centre CWF Ncne to Logan Branch to Mouth *****
4 - Nittany Creek Basin, Source to 1-80 Centre CWF Ncne
4 - Nittanv Creek Basin, 1-80 to Mouth Centre HO-CWF None
-8- 3 - Henry Run Basin Clinton [CWF] None HO-CWF
3 - Pine Creek Main Stem, South Branch Pine Tioga EV None Creek to Marsh Creek
*****
4 - Marsh Creek Main Stem, Source to Straight Tioga WWF None Run
5 - Baldwin Run Basin Tioga [CWF] None HO-CWF
5 - Canada Run Basin Tioga [CWF] None HO-CWF
5 - Blockhouse Creek Basin, Source to [Confluence Lycoming CWF None with Texas Creek] Flicks Run
6 - Flicks Run Basin Lycoming HO-CWF None
5 - Blockhouse Creek Basin, Flicks Run to Confluence Lycoming CWF None with Texas Creek
3 - Aughanbaugh Run Basin Lycoming [CWF] None HO-CWF
3 - Antes Creek [Basin Lycoming CWF None]
4 - Unnamed Tributary 21134 Basin, Source to Rauchtown Lycoming CWF Nc>ne Creek
5 - Rauchtown Creek Basin, Source to Confluence of Clinton HO-CWF None Rockev Run and Gottshall Run
5 - Rauchtown Creek Basin, Confluence of Rockey Lycoming CWF None Run and Gottshall Run to Mouth
4 - UNT 21134 Basin, Rauchtown Creek to Lycoming CWF N|me Confluence with UNT 21135
4 - UNT 21135 Basin, Source to McMurrin Lycoming CWF None Run
5 - McMurrin Run sin Lycoming HO-CWF None
-9- 4 - UNT 21135 Basin, McMurrin Run to Lvcoming CWF Nome Confluence with UNT 21134
3 - Antes Creek Basin, Confluence of UNT Lycoming CWF None 21134 and 21135 to Morgan Valley Run
4 - Morgan Valley Run Basin Lycoming HO-CWF None
3 - Antes Creek Basin, Morgan Valley Run to Lvcomine CWF None Mouth
3-BigRun Basin Lycoming [CWF] None HO-CWF
§93.9n. Drainage List N. Susquehanna River Basin in Pennsylvania Juniata River Exceptions To Water Uses Specific Stream Zone County Protected Criteria
*****
3 - Frankstown Branch Juniata River Main Stem, Piney Creek to US 22 Huntingdon TSF None Bridge
4 - Fox Run Basin B lair-Huntingdon [WWF] None HO-CWF ***** 3 - Kishacoquillas Creek Basin, Source to [Tea Creek] Mifflin CWF None Froe Hollow
4 - Frog Hollow Mifflin HO-CWF None
3 — Kishacoquillas Creek Basin, Froe Hollow to Tea Mifflin CWF None Creek
4 - Tea Creek Basin Mifflin HQ-CWF None
3 - Kishacoquillas Creek Main Stem, Tea Creek to Mifflin TSF None nvfouthl Railroad Bridge between Yeaeertown and Burnham 4 - Unnamed Tributaries to Basins, Tea Creek to [Mouth] Mifflin TSF Ncne Kishacoquillas Creek Yeagertown/Burnham Railroad Bridge
4 - Honey Creek Basin Mifflin HQ-CWF, MF Ncne
3 - Kishacoauillas Creek Main Stem. Mifflin HO-CWF None Yeagertown/Burnham Railroad -10- Bridge to SR 2005 (Mill Road) Bridge at Mount Rock
4 - Unnamed Tributaries to Basins, Yeagertown/Burnham Mifflin TSF None Kishacoquillas Creek Railroad Bridge to Mill Road Bridge
4 - Hungry Run Basin Mifflin TSF None
4 - Buck Run Basin Mifflin TSF None
3 — Kishacoquillas Creek Main Stem. Mill Road Bridge Mifflin TSF None to Mouth
4 - Unnamed Tributaries to Basins, Mill Road Bridge to Mifflin TSF None Kishacoquillas Creek Mouth *****
3 - Lost Creek Basin, Source to [Little Lost Juniata [CWF] None CreeklSR 35 Bridge at HO-CWF Oakland Mills
[4 - Little Lost Creek Basin Juniata TSF None
3 - Lost Creek Main Stem, Little Lost Creek to Juniata TSF None Mouth
4 - Unnamed Tributaries to Lost Basins, Little Lost Creek to Juniata TSF Ncne Creek Mouth
4 - Laurel Run Basin Juniata TSF Ncne]
3 - Lost Creek Basin. SR 35 Bridge to Little Juniata CWF None Lost Creek
3 - Lost Creek Basin, Little Lost Creek to Big Juniata TSF None Run
4 - Big Run Basin Juniata CWF None
3 - Lost Creek Basin. Big Run to Mouth Juniata TSF None
§93.9o. Drainage List O. Susquehanna River Basin in Pennsylvania Susquehanna River Exceptions To Water Uses Specific Stream Zone County Protected Criteria ***** 2 - Conodoquinet Creek Main Stem, PA 997 at Roxbury to Franklin WWF None Mouth
-11- 3 - Letort Spring Run Basin, Railroad Bridge at Letort Cumberland [CWF] None Park to [Mouth] T-710 (Post HO-CWF Road) Bridge
3 - Letort Spring Run Basin, T-710 Bridge to Mouth Cumberland CWF None
3 - Trindle Spring Run Basin, Source to Spring near Cumberland CWF None the Silver Spring Meeting House
3 -Trindle Spring Run Basin, Spring near the Silver Cumberland HO-CWF None Spring Meeting House to Mouth
2 - Codorus Creek Main Stem, West Branch to Oil York [CWF] None Creek HO-CWF ***** *
2 - Conowingo Creek [Main Stem, Source to PA-MD Lancaster [CWF] None State Border! Basin. Source to HO-CWF SR 3005 Bridge
2 - Conowingo Creek Main Stem, SR 3005 to Mouth Lancaster CWF None
3 - Unnamed Tributaries to Basins, (all sections in PA) Lancaster HQ-CWF Noie Conowingo Creek [Source] SR 3005 to PA-MD State Border
*****
§93.9p. Drainage List P. Ohio River Basin in Pennsylvania Allegheny River Exceptions To Water Uses Specific Stream Zone County Protected Criteria *****
3 - Dwight Creek Basin Potter [CWF] None HO-CWF *****
3 - Allegheny Portage Creek Main Stem, Source to Brown [McKean] TSF None Hollow Potter
4 - Unnamed Tributaries To Basins Potter - McKean CWF None Allegheny Portage Creek
- 12- 4 - Planing Mill Hollow Basin Potter CWF Noie
4 - Brown Hollow Basin Potter HQ-CWF Noie
3 — Allegheny Portage Creek Main Stem, Brown Hollow to McKean HO-CWF None Scaffold Lick Run
4 - Indian Run Basin McKean CWF None
4 - Heath Hollow Basin McKean CWF None
4 - Fair Run Basin McKean HQ-CWF None
4 - Rock Run Basin McKean CWF None
4 - Scaffold Lick Run Basin McKean CWF None
3 - iUlegheny Portage Creek Main Stem. Scaffold Lick Run McKean TSF None to Mouth
4 - Cady Hollow Basin McKean CWF None
4 - Hamilton Run Basin McKean CWF None
4 - Tramroad Hollow Basin McKean CWF None
4 - Combs Creek Basin McKean CWF None
3 - Tunungwant Creek
4 - East Branch Tunungwant Creek Basin, Railroad Run to T-331 McKean HQ-CWF None Bridge
4 - East Branch Tunungwant Creek [Basin] Main Stem. T-331 McKean [CWF] None Bridge to [Minard Run] SR HO-CWF 4002 Bridge
5 - Unnamed Tributaries to Basins. T-331 Bridge to SR McKean CWF None East Branch Tunungwant 4002 Creek
5 - Sheooard Run Basin McKean CWF N^ne
5 - Minard Run Basin McKean EV None
4 - East Branch Tunungwant Creek Basin, [Minard Run] SR 4002 to McKean CWF NDne Confluence with West Branch
-13- §93.9q. Drainage List Q. Ohio River Basin in Pennsylvania Allegheny River Exceptions To Water Uses Specific Stream Zone County Protected Criteria
3 - French Creek Main Stem, PA-NY State Border Venango WWF None to Mouth
4-LeBoeufCreek Basin, Source to Trout Run Erie TSF None
5 - Trout Run Basin Erie [CWF] None HO-CWF *****
4 - Sugar Creek Basin, Source to East Branch [Venango] CWF None Sugar Creek (RM 17.0) Crawford
5 — East Branch Sugar Creek Basin. Source to SR 0428 Crawford CWF None Bridge
5 - East Branch Sugar Creek Basin, SR 0428 Bridge to Crawford HO-CWF None Mouth
4 - Sugar Creek Basin. East Branch Sugar Venango CWF None Creek to Mouth
§93.9r. Drainage List R. Ohio River Basin in Pennsylvania Clarion River Exceptions To Water Uses Specific Stream Zone County Protected Criteria
*****
4 - Little Toby Creek Main Stem Elk CWF None
5 - Vineyard Run Basin [Jefferson] Elk [CWF] None HO-CWF
*****
- 14- §93.9t. Drainage List T. Ohio River Basin in Pennsylvania Kiskiminetas River Exceptions To Water Uses Spe cific Stream Zone County Protected Crkeria
*****
6 - Quemahoning Creek Main Stem Somerset CWF None *****
7 - Higgins Run Basin Source to River Mile Somerset CWF Noie (RM) 1.37
7 - Higgins Run Main Stem, RM 1.37 Tto Somerset HO-CWF None Mouth
Basins. RM 1.37 to Mouth Somerset CWF None Higgins Run *****
6 - Shade Creek Main Stem Somerset CWF None
7 - Dark Shade Creek Basin, Source to Laurel Run Somerset CWF None
8 - Laurel Run Basin, Source to Beaverdam Somerset CWF None Run
9 - Beaverdam Run Basin. Source to River RM 1.93 Somerset HO-CWF None
9 - Beaverdam Run Basin. RM 1.93 to Mouth Somerset CWF None
8 - Laurel Run Basin, Beaverdam Run to Somerset CWF None Mouth
7 -Dark Shade Creek Basin, Laurel Run to Mouth Somerset CWF None
§93.9v. Drainage List V. Ohio River Basin in Pennsylvania Monongahela River Exceptions To Water Uses Specific Stream Zone County Protected Criteria
4 - Indian Creek Basin, Camp Run to Champion Fayette HQ-CWF None Creek
-15- 5 - Laurel Run Basin. Source to Buck Run Fayette CWF None
6 - Buck Run Source to River Mile (RM) 1,38 Favette HO-CWF None
6 - Buck Run Basin, RM 1.38 to Mouth Fayette CWF None
5 - Laurel Run Basin, Buck Run to Mouth Favette CWF None *****
5 - Rasler Run Basin Fayette [CWF] None HO-CWF
§93,9z. Drainage List Z, Potomac River Basin in Pennsylvania Potomac River Exceptions To Water Uses Specific Stream Zone County Protected Criteria *****
3 - West Branch Antietam Creek rce to [Confluence Franklin [CWF] None Branch! SR 997 HO-CWF Bride
3 - West Branch Antietam Creek Basin. SR 997 Bridge to Franklin CWF None Confluence with East Branch
-16- Pennsylvania Department of Environmental Protection Rachel Carson State Office Building P.O. Box 2063 Harrisburg, PA 17105-2063 July 24, 2002
The Secretary Phone: 717-787-2814 E-Mail: [email protected]
Mr. Robert E. Nyce, Executive Director Independent Regulatory Review Commission 14th Floor, Harristown #2 333 Market Street Harrisburg, PA 17120
RE: Final Rulemaking: Class A Wild Trout Waters (#7-366)
Dear Bob:
Pursuant to Section 5.1 (a) of the Regulatory Review Act, enclosed is a copy of a final-form regulation for review by the Commission. This final rulemaking was approved by the Environmental Quality Board (EQB) on July 16, 2002.
Nearly 70 streams were evaluated in response to a request from the Pennsylvania Fish and Boat Commission (PFBC) under § 93.4b of the Department's water quality standards. Subsection (a)(2)(ii) provides that a surface water designated as a Class A wild trout stream by the PFCB following public notice and comment qualifies for High Quality (HQ) designation. The PFCB published notice and requested comments on the Class A designation of these streams on August 28, 1999, and September 27, 1999. In addition, DEP staff independently reviewed rhe trout biomass data in the PFBC reports for these streams and verified that the Class A criteria were met.
The proposed rulemaking was adopted by the EQB on October 16, 2001, and published on December 8 with a 45-day public comment period. There were 145 form letters received via e-mail in support of the redesignations. The Environmental Protection Agency (EPA) also commented favorably. There were no opposing comments.
An [qua! Opportunity Employer WWW.dep.State.pa.US Printed on Recycled Piper
Mr. Robert E. Nyce - 2 - July 24, 2002
The Department will provide the Commission with any assistance required to facilitate a thorough review of this final-form regulation. Section 5.1(e) of the Act provides that the Commission shall, within ten days after the expiration of the committee review period, approve or disapprove the final-form regulation.
For additional information, please contact Sharon Trostle, Regulatory Coordinator, at 787-4526.
Sincerely,
David E. Hess Secretary
Enclosure
TRANSMITTAL SHEET FOR REGULATIONS SUBJECT TO THE REGULATORY REVIEW ACT
I.D. NUMBER: 7-366
SUBJECT: Class A Wild Trout Waters
AGENCY: DEPARTMENT OF ENVIRONMENTAL PROTECTION
TYPE OF REGULATION
Proposed Regulation
X Final Regulation
Final Regulation with Notice of Proposed Rulemaking Omitted
120-day Emergency Certification of the Attorney General ro
120-day Emergency Certification of the Governor Delivery of Tolled Regulation a. With Revisions b. Without Revisions iV re
FILING OF REGULATION
DATE SIGNATURE DESIGNATION
HOUSE COMMITTEE ON ENVIRONMENTAL RESOURCES & ENERGY
WiMdU SENATE COMMITTEE ON ENVIRONMENTAL RESOURCES & ENERGY
i\xke. ^ ,)ibX*4& INDEPENDENT REGULATORY REVIEW COMMISSION
ATTORNEY GENERAL
LEGISLATIVE REFERENCE BUREAU
July 19, 2002