(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).
Notes
The
provisions of this § 93.4d adopted July 16, 1999, effective
7/17/1999, 29 Pa.B. 3720;
amended July 19, 2013, effective 7/20/2013, 43 Pa.B.
4080.
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).
