Title 25--ENVIRONMENTAL PROTECTION ENVIRONMENTAL QUALITY BOARD [25 PA. CODE CH. 93] Corrections to Drainage Lists [27 Pa.B. 3050] The Environmental Quality Board (Board) by this order amends §§ 93.9c--93.9g, 93.9i, 93.9l, 93.9n--93.9t and 93.9w--93.9y.
This order was adopted by the Board at its meeting of April 15, 1997.
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 Watershed Conservation, 10th Floor, Rachel Carson State Office Building, P. O. Box 8555, 400 Market Street, Harrisburg, PA 17105-8555 (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 rulemaking is available electronically through the Department of Environmental Protection's (Department's) Website (http://www.dep.state.pa.us).
C. Statutory Authority
The final rulemaking is 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 at 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 continuously reviews its water quality standards and receives various requests to investigate possible errors in §§ 93.9a--93.9z from regional staff, the Fish and Boat Commission and the general public. In response to these requests, the Department investigated the alleged errors by researching previous rulemaking activities and 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 approved the amendments at its June 18, 1996, meeting, and notice of the proposed rulemaking was published at 26 Pa.B. 3637 (August 3, 1996). The proposal included provisions for a 45-day public comment period, which concluded on September 17, 1996. The recommended revisions do not change the protected uses or impose any additional requirements for any of the streams within the proposal. This rulemaking merely corrects duplicate entries, typographical errors or reinserts entries that have been incorrectly removed or changed. These changes allow wastewater treatment requirements for dischargers to these streams to be consistent with the water uses to be protected. The rulemaking makes only nonsubstantive modifications and does not alter the protected uses that have been implemented for the stream sections in question.
E. Summary of Comments and Responses on the Proposed Rulemaking
There were no public comments received on the proposed regulatory revisions during the public comment period. The House and Senate Standing Committees did not respond or provide comments on the amendments. The Independent Regulatory Review Commission (IRRC) offered no objections, comments or suggestions on these amendments.
F. Summary of Changes to the Proposed Rulemaking
Although there were no public comments, objections or suggestions provided during the public comment period, some additional potential errors in the Chapter 93 stream lists were identified by Department staff subsequent to the comment period and during the development of this final rulemaking. The following errors were identified as being consistent with the type of errors considered by this rulemaking and would not enlarge the scope or purpose of the proposed rulemaking:
a) The last entry for 3-Maiden Creek and the 4-Willow Creek entry in § 93.9f have inconsistent zone descriptions and need to be placed in their proper order. The correct entries should encompass the Willow Creek tributary to Maiden Creek.
b) Duplicate and misplaced entry for Tunungwant Creek in § 93.9p should be deleted since a later entry correctly identifies the main stem of the Tunungwant Creek from the confluence of the East and West Branches to the PA-NY State border as WWF, Delete Water Contact (WC).
c) The Armstrong County reference in the first entry for 5-South Branch Plum Creek and 6-Reddings Run in § 93.9s should be Indiana County.
d) Add reference that Lake Erie in § 93.9x is in the Great Lakes Basin in Pennsylvania.
e) Genesee River in § 93.9y is in the Great Lakes Basin in Pennsylvania (Lake Ontario), not the Susquehanna River Basin as currently shown in Chapter 93.
G. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the final-form regulations.
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 from the 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 these amendments since they do 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 rulemaking. The rulemaking is based on existing Department programs and policies.
H. Sunset Review
This rulemaking will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the amendments effectively fulfill the goals for which it was intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 24, 1996, the Department submitted a copy of the notice of proposed rulemaking to IRRC and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees for review and comments. The notice was published at 26 Pa.B. 3637. In addition to submitting the 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.
There were no comments received from the public, IRRC or the Standing Committees on the proposed rulemaking.
These final-form regulations were deemed approved by the House and Senate Committees on May 27, 1997. IRRC met on June 5, 1997, and approved the amendments in accordance with section 5(c) of the Regulatory Review Act.
J. Findings of the Board
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 in 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 amendments do not enlarge the purpose of the proposal published at 26 Pa.B. 3637.
(4) These amendments are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this Preamble.
K. Order of the Board
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapter 93, are amended by amending §§ 93.9c--93.9e, 93.9g, 93.9i, 93.9l, 93.9n, 93.9o, 93.9q, 93.9r, 93.9t and 93.9w to read as set forth at 26 Pa.B. 3637 and by amending § 93.9f, 93.9p, 93.9s, 93.9x and 93.9y 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, 26 Pa.B. 3637 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 shall submit this order, 26 Pa.B. 3637 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, 26 Pa.B. 3637 and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect immediately.
JAMES M. SEIF,
Chairperson(Editors Note: Sections 93.9c--93.9h, 93.9l, 93.9n, 93.9q, 93.9r, 93.9t, 93.9w and 93.9x were proposed to be amended at 27 Pa.B. 1449 and 1459 and remain outstanding.)
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 3000 (June 21, 1997).)
Fiscal Note: Fiscal Note 7-299 remains valid for the final adoption of the subject regulations.
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 § 93.9f. 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 HQ-CWF None Tumbling Run Dam 3-Tumbling Run Basin, Tumbling Run Dam to Mouth Schuylkill CWF None * * * * * 3-Maiden Creek Basin, Lake Ontelaunee Dam
to Willow CreekBerks WWF None 4-Willow Creek Basin Berks CWF None 3-Maiden Creek Basin, Willow Creek to Mouth Berks WWF None * * * * * 3-Unnamed Tributaries to Schuylkill River Basins, Berks-Chester-Montgomery County Border to Valley Creek (except those in Spring City and Phoenixville) Chester HQ-TSF None 3-Unnamed Tributaries to Schuylkill River Basins, Berks-Chester-
Montgomery County Border to Valley CreekMontgomery WWF None * * * * * 3-Perkiomen Creek Basin, Source the 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 * * * * * § 93.9p. Drainage List P.
Ohio River Basin in Pennsylvania Allegheny River Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * 3-McCrea Run Basin McKean CWF None 2-Allegheny River (NY) * * * * * § 93.9s. Drainage List S.
Ohio River Basin in Pennsylvania Allegheny River Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * 5-South Branch
Plum CreekBasin, Source to
Reddings RunIndiana HQ-CWF None 6-Reddings Run Basin Indiana CWF None * * * * * § 93.9x. Drainage List X.
Great Lakes Basin in Pennsylvania Lake Erie Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * 3-Unnamed Tributaries Basins, (all sections in PA) Source to PA-OH State Border Erie-Crawford CWF; MF None 3-Fish Creek Basin Crawford CWF; MF None 3-Foster Run Basin Crawford CWF; MF None 3-Crazy Run Basin Crawford CWF; MF None * * * * * § 93.9y. Drainage List Y.
Great Lakes Basin in Pennsylvania (Lake Ontario) Genesee River Exceptions Water Uses To Specific Stream Zone County Protected Criteria * * * * * [Pa.B. Doc. No. 97-1024. Filed for public inspection June 27, 1997, 9:00 a.m.]
