Pennsylvania Code › 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 › ANTIDEGRADATION REQUIREMENTS › Section 93.4d - Processing of petitions, evaluations and assessments to change a designated use

Current through Register Vol. 54, No. 28, July 13, 2024
(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 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).
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).