United States

Environmental Protection
Agency

Office of Water + November 1996
4305 EPA-823-F-96-01T

FACT SHEET

SEPA

WATER QUALITY STANDARDS FOR PENNSYLVANIA

Abstract

The U.S. Environmental Protection Agency (EPA) is establishing new water quality standards that are
applicable to all surface waters of the United States, including wetlands, within the Commonwealth of
Pennsylvania. EPA is establishing the standards to comply with a federal court order. By taking this
action, EPA is promulgating an antidegradation policy consistent with Fedéral requirements. The rule will
afford the citizens of Pennsylvania the opportunity to designate waters of the Commonwealth into
categories which will receive enhanced protection. The rule will also set the “floor” of water quality

protection in the Commonwealth.

Federal Authority

Under the Federal Clean Water Act (CWA), States
have the primary responsibility for developing and
implementing water quality standards for surface
waters within their boundaries. This legislation
requires EPA to review and approve or disapprove
State-adopted standards and to promulgate
standards for States if they do not adopt acceptable
water quality standards.

Background

In June 1994, EPA disapproved several aspects of
the Pennsyivania’s water-quality standards. While
the State continued to work toward the adoption of
approvable water quality standards within a
regulatory-negotiation process, EPA was sued by
the Raymond Proffitt Foundation to promptly
propose Federal replacement standards for
Pennsylvania, as required by the CWA. In April
1996, the Federal District Court ordered EPA to
satisfy the requirements of the CWA and to
promptly establish standards for Pennsylvania.
EPA proposed the rule in the Federal Register on
August 27, 1996, and held a public meeting and
accepted public comment until October 16, 1996.
Under CWA, EPA must promulgate the final rule
within ninety days of proposal, or in this case
November 27, 1996.

Pennsylvania is currently working to amend its
antidegradation program—maintaining the best
features of its current program and improving areas
that EPA disapproved. However, given the
Commonwealth's regulatory process, it will take
from 9 to 18 months to have a final rule. EPA has
worked with he Commonwealth in preparing the
federal rule and will continue to work with them the
developing their amended rule to ensure it meets
CWA requirements. Once Pennsylvania completes
this process, EPA will withdraw the federal rule.

EPA's Action

In accordance with the court order, EPA is
promulgating new water quality standards for
Pennsylvania in the FederalRegister. Pennsylvania
protects its surface waters through its Special
Protection Waters Program. EPA's rule ensures
that Pennsyivania’s program fully meets Federal
requirements. Specifically, this rule establishes a
three-tiered antidegradation policy consistent with
Federal minimum requirements for State water
quality standards. The antidegradation policy will
ensure that:

* existing instream uses and the level of water
quality necessary to maintain those uses are
protected;

high quality waters are afforded adequate
consideration before lowering of water quality is
allowed; and

the citizens of the Commonwealth have the
opportunity to protect Outstanding National
Resource Waters.

Additional Information

For additional information, you may contact Mrs.
Evelyn S. MacKnight PA/DE Branch, Office of
Watersheds, Water Protection Division, U. S.
Environmental Protection Agency, Region 3 Office,
841 Chestnut Building, Philadelphia, PA 19107
(215) 566-5717.

The entire Federal Register notice may be viewed
on the Internet, as follows:
http:/Awww.epa.gov/EPA-WATER.