1253 Corrections to drainage lists

ENVIRONMENTAL
QUALITY BOARD

[25 PA. CODE CH. 93]

Corrections to Drainage Lists

[26 Pa.B. 3637]

   The Environmental Quality Board (Board) proposes to amend §§ 93.9c--93.9g, 93.9i, 93.9l, 93.9n, 93.9o, 93.9q, 93.9r, 93.9t, 93.9w and 93.9x to read as set forth in Annex A.

   This order was adopted by the Board at its meeting of June 18, 1996.

A.  Effective Date

   These proposed 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 Assessment and Standards, Bureau of Water Quality Management, 10th Floor, Rachel Carson State Office Building, P. O. Box 8465, 400 Market Street, Harrisburg, PA 17105-8465, [phone] 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, [phone]. Persons with a disability may use the AT&T Relay Service by calling [phone] (TDD users) or [phone] (voice users) and request that the call be relayed. This proposal is available electronically through the Department of Environmental Protection (Department) Web site (http://www.dep.state.pa.us).

C.  Statutory Authority

   These proposed amendments are 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 in 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 considers candidates for special protection status or redesignation, or both, in its ongoing review of water quality standards. Candidates may be identified by the Department based on routine waterbody investigations. Requests for consideration may also be initiated by other agencies, such as the Fish and Boat Commission, and by the general public through a rulemaking petition to the Board. The Department also continuously reviews the water quality standards and receives various requests to investigate possible errors that have been found in Chapter 93. The Department reviewed the stream listings and the suggested errors that are summarized in Section E of this Preamble in response to requests from regional staff, the Fish and Boat Commission and the general public who brought various errors or inconsistencies in the stream lists to the Department's attention.

   The Department investigated the alleged errors by researching previous rulemaking activities, 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 has made the proposed revisions described in Section E of this Preamble. The recommended revisions do not change the protected uses or impose any additional requirements than that which have been implemented for any of the streams within this proposal. This proposed rulemaking merely corrects duplicate entries, typographic errors or reinserts entries that have been incorrectly removed or changed.

E.  Summary of Regulatory Revisions

Drainage List	Stream	Brief Description of Revision Needed
93.9c	4--Sand Hill	Creek missing from stream name
	2--Cherry Creek	Add entry for missing lower reach, it appeared in the Pennsylvania Bulletin (18 Pa.B. 5260 (November 26, 1988)) notice during redesignation, but was incorrectly codified in 25 Pa. Code Ch. 93
93.9d	4--Hummer Run	Should be 4--Hummler Run
	4--Tunkhanna Creek	Should be 4--Upper Tunkhannock Creek
93.9e	2--Neshaminy Creek 3--UNT Nesh. Creek	PA 614 Dam should refer to it being Proposed, since it was never built according to available records
	3--Core Creek	PA Rte 620 Dam should not contain reference to Rte
93.9f	3--Tumbling Run	Schuylkill Haven Dam should be Tumbling Run Dam. Also note the label of Silver Creek Res on the Pottsville Topo map is incorrect and should be corrected by Geological Survey/USGS.
	3--UNT to Schuylkill River	Montgomery County UNTs should not be HQ-TSF, but should be WWF. Also add entries for missing reference to UNTs from Valley Creek to head of tide. Errors resulted from reformatting. Also note that 3--Matsunk Creek and 3--Glanraffan Creek, are not listed for this reach, but these changes require additional study and/or stream evaluations to determine the appropriate use.
	3--Perkiomen Creek	Should reference that it is the second LR 06119 (SR 1010) bridge at Hereford
93.9g	4--Goose Creek	Should be 4--Unnamed Tributary to East Branch Chester Creek at RM 0.4 (''Goose Creek'') since Goose Creek is not found on topos or in Gazetteer of Streams, and is a local name for an UNT (#00605, near State Rt 926)
	2--Chester Creek	Clarify that Chester Creek does not start at the confluence of the East and West Branches of Chester Creek as currently stated
93.9i	2--Starrucca Creek	RM 11.28 should be 11.68
	2--Wyalusing Creek	Should delete Bradford WWF None from the first 2--Wyalusing Creek entry, which serves only as a marker
	3--Sugar Hollow	Creek missing from the stream name
93.9l	5--Clear Creek	6--Mud Run and the rest of 5--Clear Creek basin not listed in Ch. 93, although it was listed prior to reformatting. Add the missing entries.
	5--Logan Branch	HQ-CWF is a typo resulting from the redesignation of 5--Buffalo Run from CWF to HQ-CWF, which originally was codified incorrectly and is the stream which follows the 5--Logan Branch entry. A correction for 5--Buffalo Run was published at 24 Pa.B. 4461 (Sept. 3, 1994), but the Buffalo Run HQ that was incorrectly applied to Logan Branch was not corrected by the Sept. 3, 1994 Notice of Corrective Amendments.
	4--Slate Run and 4--UNT to Slate Run	Extraneous entries for 4--Slate Run (Main Stem) and 4--UNT to Slate should delete first entries referring to the Main Stem. The correct entries appear later in drainage list.
	4--Kettle Creek and    5--Ogdonia Creek	4--Kettle Creek is a trib to 5--Ogdonia Creek, so the stream order and drainage numbers should be switched accordingly
	3--Buffalo Creek	(SR 1004) should be (SR 3005)
93.9n	3--Frankstown Branch	Source of Frankstown Br is at the confluence of Beaverdam Creek and South Poplar Run, but Ch. 93 does not reflect this.
	4--Pine Run	4--Pine Run is a trib to Beaverdam Creek, so should be 5--Pine Run and since 4--Pine Run is WWF, while the rest of Beaverdam Creek basin is CWF, will have to use basin zones to show this.
93.9o	3--Reynolds Run	Duplicate entries, and HQ-TSF should be HQ-CWF according to pre-reformatted code
93.9q	3--Nigger Run	Nigger Run does not appear in current Gazetteer of Streams, but is an UNT to the Allegheny River, so it is covered by the UNT zone described as Basins, PA-NY State Border to French Creek. The 3--Nigger Run entry should be deleted.
93.9r	4--Elk Creek	Entry should appear between 4--Mason Creek and 4--Island Run. 4--Elk Creek entry was lost during reformatting
93.9t	5--Laughlintown Run	6--McMullen Run is called McCullen Run on the topo map. 5--Laughlintown Run had a Basin designation prior to the Rosetown, et al rulemaking, which incorrectly changed the zone description to a Main Stem format. The code should be changed back to a basin zone format.
93.9w	4--Shenango River	Should be 3--Shenango River Basin, Source to Pymatuning Reservoir
93.9x	3--Fish Creek, 3--Foster Run and 3--Crazy Run	These streams do not enter Erie County; but are entirely within Crawford County. Change County for these three tribs and add Crawford to County column for the first 3--Unnamed Tributaries to Conneaut Creek entry.

   The purpose of these proposed regulatory amendments is to clarify stream designations, correct misspellings, reinsert entries that have been incorrectly changed or dropped from Chapter 93 and correct errors that have resulted from the reformatting of Chapter 93 for these waterbody segments. These changes allow wastewater treatment requirements for dischargers to these streams to be consistent with the water uses to be protected. The proposed rulemaking makes only nonsubstantive modifications to Chapter 93 and does not alter the protected uses that have been implemented for the stream sections in questions.

F.  Benefits, Costs and Compliance

   Executive Order 1996-1 requires a cost/benefit analysis of the proposed amendments.

   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 with this 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 this regulation since this proposal does 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 proposal. The proposal is based on existing Department programs and policies.

G.  Sunset Review

   This chapter will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.

H.  Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the proposed rulemaking on July 24, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed 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.

   If IRRC has objections to any portion of the proposed amendments, it will notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for the Department, the Governor and the General Assembly to review these objections before final publication of the regulations.

I.  Public Comments

   Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed amendments to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by September 17, 1996. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by September 17, 1996. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulation will be considered.

   Electronic Comments--Comments may be submitted electronically to the Board at [e-mail]. A subject heading of the proposal and return name and address must be included in each transmission. Comments submitted electronically must also be received by the Board by September 17, 1996.

JAMES M. SEIF,   
Chairperson

   Fiscal Note: 7-299. No fiscal impact; (8) recommends adoption.

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

§ 93.9c.  Drainage List C.

Delaware River Basin in Pennsylvania

Delaware River

				Exceptions
			Water Uses	To Specific
Stream	Zone	County	Protected	Criteria
*      *      *      *      *
3--Unnamed Tributaries to Bush Kill	Basins, Saw Creek to Mouth	Monroe	HQ-CWF	None
4--Sand Hill Creek	Basin	Monroe	HQ-CWF	None
4--Little Bush Kill	Basin	Pike	HQ-CWF	None
*      *      *      *      *
2--Cherry Creek	Basin, Source to LR 45010 (SR 2006) Bridge	Monroe	HQ-CWF, MF	None
2--Cherry Creek	Basin, LR 45010 Bridge to Mouth	Monroe	CWF, MF	None

*      *      *      *      *

§ 93.9d.  Drainage List D.

Delaware River Basin in Pennsylvania

Lehigh River

				Exceptions
			Water Uses	To Specific
Stream	Zone	County	Protected	Criteria
*      *      *      *      *
4--Pollys Run	Basin	Monroe	HQ-CWF	None
4--[Hummer] Hummler Run	Basin	Monroe	HQ-CWF	None
*      *      *      *      *
4--Wagner Run	Basin	Monroe	HQ-CWF	None
4--Upper [Tunkhanna] Tunkhannock Creek	Basin	Monroe	HQ-CWF	None

*      *      *      *      *

§ 93.9e.  Drainage List E.

Delaware River Basin in Pennsylvania

Delaware River

				Exceptions
			Water Uses	To Specific
Stream	Zone	County	Protected	Criteria
*      *      *      *      *
2--Neshaminy Creek	Main Stem, Confluence of West and North Branches to Proposed PA 614 Dam	Bucks	TSF, MF	Add Col2, Tur4
3--Unnamed Tributaries to Neshaminy Creek	Basins, Confluence of West and North Branches [of] to Proposed PA 614 Dam	Bucks	TSF, MF	Add Col2, Tur4
*      *      *      *      *
2--Neshaminy Creek	Non-Tidal Portion of Main Stem, Proposed PA 614 Dam to Mouth	Bucks	WWF, MF	Add Col2, Tur3
3--Unnamed Tributaries to Neshaminy Creek	Non-Tidal Portions of Basins, Proposed PA 614 Dam to Mouth	Bucks	WWF, MF	Add Col2, Tur3
*      *      *      *      *
3--Core Creek	Basin, Source to PA [Rte] 620 Dam	Bucks	CWF, MF	Add Col2, and Tur4
3--Core Creek	Basin, PA [Rte] 620 Dam to Mouth	Bucks	WWF, MF	Add Col2, and Tur3

*      *      *      *      *

§ 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 Haven Dam] Tumbling Run Dam	Schuylkill	HQ-CWF	None
3--Tumbling Run	Basin, [Schuylkill Haven Dam] Tumbling Run Dam to Mouth	Schuylkill	CWF	None
*      *      *      *      *
3--Unnamed Tributaries to Schuylkill River	Basins, Berks-Chester- Montgomery County Border to Valley Creek, (except those in Spring City and Phoenixville)	Chester [-Montgomery]	HQ-TSF	None
3--Unnamed Tributaries to Schuylkill River	Basins, Berks-Chester-Mont- gomery County Border to Valley Creek	Montgomery	WWF	None
*      *      *      *      *
3--Perkiomen Creek	Basin, Source to Second LR 06119 (SR 1010) Bridge at Hereford	Berks	CWF	None
*      *      *      *      *
3--Valley Creek	Basin	Montgomery- Chester	EV	None
3--Unnamed Tributaries to Schuylkill River	Basins, Valley Creek to Tide	Chester- Montgomery	WWF	None
3--Mellshamic Creek	Basin	Montgomery	WWF	None

*      *      *      *      *

§ 93.9g.  Drainage List G.

Delaware River Basin in Pennsylvania

Delware River

				Exceptions
			Water Uses	To Specific
Stream	Zone	County	Protected	Criteria
*      *      *      *      *
2--Chester Creek	Basin, Source to East Branch Chester Creek	Chester	TSF	None
3--East Branch Chester Creek	Basin, Source to Unnamed Tributary at RM 0.4 (''Goose Creek'')	Chester	TSF	None
4--Unnamed Tributary to East Branch Chester Creek at RM 0.4 (''Goose Creek'')	Basin	Chester	WWF	None
3--East Branch Chester Creek	Basin, [Goose Creek] Unnamed Tributary at RM 0.4 to [Rocky Run] Mouth	[Delaware] Chester	TSF	None
2--Chester Creek	Basin, East Branch Chester Creek to Rocky Run	Delaware	TSF	None
[4] 3--Rocky Run	Basin	Delaware	HQ-CWF, MF	None
[3] 2--[East Branch] Chester Creek	Basin, Rocky Run to Confluence with West Branch	Delaware	TSF, MF	None
3--West Branch Chester Creek	Basin, Source to Green Creek	Delaware	TSF	None
4--Green Creek	Basin	Delaware	CWF, MF	None
3--West Branch Chester Creek	Basin, Green Creek to [Confluence with East Branch] Mouth	Delaware	TSF, MF	None
2--Chester Creek	Basin[, Confluence of East and] West [Branches] Branch to Dutton Mills Road Bridge	Delaware	TSF, MF	None

*      *      *      *      *

§ 93.9i.  Drainage List I.

Susquehanna River Basin in Pennsylvania

Susquehanna River

				Exceptions
			Water Uses	To Specific
Stream	Zone	County	Protected	Criteria
*      *      *      *      *
2--Starrucca	Basin, (all sections in PA) Unnamed Tributary at RM 11.[2]68 to Mouth	Susquehanna	CWF	None
*      *      *      *      *
2--Rummerfield Creek	Basin	Bradford	WWF	None
2--Wyalusing Creek		[Bradford]	[WWF]	[None]
*      *      *      *      *
3--Sugar Hollow Creek	Basin	Wyoming	HQ-CWF	None
3--Benson Hollow	Basin	Wyoming	HQ-CWF	None

*      *      *      *      *

§ 93.9l.  Drainage List L.

Susquehanna River Basin in Pennsylvania

West Branch Susquehanna River

				Exceptions
			Water Uses	To Specific
Stream	Zone	County	Protected	Criteria
*      *      *      *      *
5--Clear Creek	Basin, Source to Mud Run	Cameron	EV	None
6--Mud Run	Basin	Cameron	HQ-CWF	None
5--Clear Creek	Basin, Mud Run to Mouth	Cameron	HQ-CWF	None
*      *      *      *      *
5--Unnamed Tributaries to Spring Creek	Basins, PA 550 Bridge to Mouth	Centre	CWF	None
5--Logan Branch	Basin	Centre	[HQ-] CWF	None
*      *      *      *      *
4--Unnamed Tributaries to Pine Creek	Basins, South Branch Pine Creek to Marsh Creek	Potter-Tioga	HQ-CWF	None
[4--Slate Run]	[Main Stem, Confluence of Francis and Cushman Branches to Mouth]	[Lycoming]	[HQ-CWF]	[None]
[4--Unnamed Tributaries to Slate Run]	[Basins, Confluence of Francis and Cushman Branches to Mouth]	[Tioga-Lycom- ing]	[HQ-CWF]	[None]
*      *      *      *      *
[4--Kettle Creek]	[Basin, Source to Ogdonia Creek]	[Sullivan]	[EV]	[None]
[5] 4-Ogdonia Creek	Basin, Source to Kettle Creek	Sullivan	HQ-CWF	None
[4] 5--Kettle Creek	Basin[, Ogdonia Creek to Mouth]	Sullivan	[HQ-CWF] EV	None
4--Ogdonia Creek	Basin, Kettle Creek to Mouth	Sullivan	HQ-CWF	None
*      *      *      *      *
3--Buffalo Creek	Basin, Source to LR 59042 (SR [1004] 3005) Bridge	Union	HQ-CWF	None

*      *      *      *      *

§ 93.9n.  Drainage List N.

Susquehanna River Basin in Pennsylvania

Juniata River

				Exceptions
			Water Uses	To Specific
Stream	Zone	County	Protected	Criteria
*      *      *      *      *
3--Frankstown Branch Juniata River	[Main Stem, Source to South Poplar Run]	[Blair]	[CWF]	[None]
[3--Unnamed Tributaries to Frankstown Branch]	[Basins, Source to South Poplar Run to Halter Creek]	[Blair]	[CWF]	[None]
4--Beaverdam Creek	Basin, Source to Pine Run	Blair	CWF	None
[4] 5--Pine Run	Basin	Blair	WWF	None
4--Beaverdam Creek	Basin, Pine Run to Confluence with South Poplar Run	Blair	CWF	None
4--South Poplar Run	Basin, Source to Confluence with Beaverdam Creek	Blair	CWF	None
3--Frankstown Branch Juniata River	Main Stem, Confluence of Beaverdam Creek and South Poplar Run to Halter Creek	Blair	TSF	None
4--Unnamed Tributaries to Frankstown Branch	Basins, Confluence of Beaverdam Creek and South Poplar Run to Halter Creek	Blair	WWF	None

*      *      *      *      *

§ 93.9o.  Drainage List O.

Susquehanna River Basin in Pennsylvania

Susquehanna River

				Exceptions
			Water Uses	To Specific
Stream	Zone	County	Protected	Criteria
*      *      *      *      *
3--Reynolds Run	Basin	Lancaster	HQ-[TSF] CWF; MF	None
[3--Reynolds Run]	[Basin]	[Lancaster]	[HQ-TSF; MF]	[None]
2--Octoraro Creek (MD)

*      *      *      *      *

§ 93.9q.  Drainage List Q.

Ohio River Basin in Pennsylvania

Allegheny River

				Exceptions
			Water Uses	To Specific
Stream	Zone	County	Protected	Criteria
*      *      *      *      *
3--Charley Run	Basin	Warren	CWF	None
[3--Nigger Run]	[Basin]	[Warren]	[CWF]	[None]
3--Hedgehog Run	Basin	Warren	HQ-CWF	None

*      *      *      *      *

§ 93.9r.  Drainage List R.

Ohio River Basin in Pennsylvania

Clarion River

				Exceptions
			Water Uses	To Specific
Stream	Zone	County	Protected	Criteria
*      *      *      *      *
4--Mason Creek	Basin	Elk	CWF	Add TON
4--Elk Creek	Basin	Elk	CWF	Add TON
4--Island Run	Basin	Elk	CWF	Add TON

*      *      *      *      *

§ 93.9t.  Drainage List T.

Ohio River Basin in Pennsylvania

Kiskiminetas River

				Exceptions
			Water Uses	To Specific
Stream	Zone	County	Protected	Criteria
*      *      *      *      *
5--Laughlintown Run	[Main Stem] Basin, Source to Furnace Run	Westmoreland	HQ-CWF	None
[6--Unnamed Tributaries to Laughlintown Run]	[Basins]	[Westmoreland]	[HQ-CWF]	[None]
[6--McMullen Run]	[Basin]	[Westmoreland]	[HQ-CWF]	[None]
6--Furnace Run	Basin	Westmoreland	EV	None
5--Laughlintown Run	Basin, Furnace Run to Mouth	Westmoreland	HQ-CWF	None

*      *      *      *      *

§ 93.9w.  Drainage List W.

Ohio River Basin in Pennsylvania
Ohio River

				Exceptions
			Water Uses	To Specific
Stream	Zone	County	Protected	Criteria
*      *      *      *      *
[4] 3--Shenango River	Basin, Source to Pymatuning Reservoir	Crawford	WWF	None

*      *      *      *      *

§ 93.9x.  Drainage List X.

Lake Erie

				Exceptions
			Water Uses	To Specific
Stream	Zone	County	Protected	Criteria
*      *      *      *      *
3--Unnamed Tributaries to Conneaut Creek	Basins (all sections in PA) Source to PA-OH State [order] Border	Erie-Crawford	CWF; MF	None
3--Fish Creek	Basin	[Erie] Crawford	CWF; MF	None
3--Foster Run	Basin	[Erie] Crawford	CWF; MF	None
3--Crazy Run	Basin	[Erie] Crawford	CWF; MF	None

*      *      *      *      *

[Pa.B. Doc. No. 96-1253. Filed for public inspection August 2, 1996, 9:00 a.m.]