Section 93.4d. Processing of petitions, evaluations and assessments to change a designated use

(a) Public notice of receipt of petition, or assessment of waters, for High Quality or Exceptional Value Waters redesignation. The Department will publish in the Pennsylvania Bulletin and by other means designed to effectively reach a wide audience notice of receipt of a complete petition which has been accepted by the EQB recommending a High Quality or Exceptional Value Waters redesignation, or notice of the Department’s intent to assess surface waters for potential redesignation as High Quality or Exceptional Value Waters. The assessments may be undertaken in response to a petition or on the Department’s own initiative. The notice will request submission of information concerning the water quality of the waters subject to the evaluation, or to be assessed, for use by the Department to supplement any studies which have been performed. The Department will send a copy of the notice to all municipalities containing waters subject to the petition or assessment.

(b) Combined public meeting and fact-finding hearing. As part of its review of an evaluation or performance of an assessment, the Department may hold a combined public meeting and fact finding hearing to discuss the evaluation or assessment, including the methodology for the evaluation or assessment, and may solicit information, including technical data, to be considered in the Department’s evaluation or assessment.

(c) Submission to EQB to alter designated use. Upon the completion of its assessment or review of a complete evaluation, and the satisfaction of the other applicable requirements of this section, the Department will submit the results of its assessment or review to the EQB for proposed rulemaking following review and comment by the petitioner, if applicable, in accordance with Chapter 23 (relating to Environmental Quality Board policy for processing petitions—statement of policy).

The provisions of this § 93.4d adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080. Immediately preceding text appears at serial pages (352676) and (343949).

Notation

Authority

The provisions of this § 93.4d issued under 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); amended under 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).

Cross References

This section cited in 25 Pa. Code § 92.61 (relating to public notice of permit application and public hearing); 25 Pa. Code § 93.4c (relating to implementation of antidegradation requirements); and 25 Pa. Code § 96.3 (relating to water quality protection requirements).