25 Pa. Code § 93.8d - Development of site-specific water quality criteria
(a) The Department will consider a request
for site-specific criteria when one or more of the following apply:
(1) There exist site-specific biological or
chemical conditions of receiving waters which differ from conditions upon which
the water quality criteria were based.
(2) More stringent criteria are needed for a
parameter listed in §
93.7 (relating to specific water
quality criteria) to protect more sensitive, intervening uses.
(3) There exists a need for a site-specific
criterion for a substance not listed in §
93.8c, Table 5 (relating to water
quality criteria for toxic substances).
(b) The request for site-specific criteria
must include the results of scientific studies for the purpose of:
(1) Defining the areal boundaries for
application of the site-specific criteria which will include the potentially
affected wastewater dischargers identified by the Department, through various
means, including, but not limited to, the total maximum daily load (TMDL)
process described in Chapter 96 (relating to water quality standards
implementation) or biological assessments.
(2) Developing site-specific criteria which
protect the surface water's existing and designated uses.
(c) Scientific studies shall be performed in
accordance with the procedures and guidance in the Water Quality Standards
Handbook (EPA 1994), as amended and updated, including: "Guidance on the
Determination and Use of Water-Effect Ratios for Metals" (February 1994); and
the "Methodology for Deriving Ambient Water Quality Criteria for the Protection
of Human Health" (2000). Other guidance approved by the department, which is
based on EPA-approved or scientifically defensible methodologies, may be used.
The development of new or updated site-specific criteria for copper in
freshwater systems shall be performed using the biotic ligand model
(BLM).
(d) Prior to conducting
studies specified in subsections (b) and (c), a proposed plan of study shall be
submitted to the Department for review, consideration and approval.
(e) Signed copies of all reports including
toxicity test data shall be submitted to the Department within 60 days of
completion of the tests.
(f) If the
Department determines that site-specific criteria are appropriate in accordance
with subsection (a), the Department will do the following:
(1) Publish the site-specific criterion in
the Pennsylvania Bulletin, along with other special conditions
under §
92a.82(b)(3)
(relating to public notice of permit applications and draft permits) and
provide for public participation and public hearing in accordance with
§§
92a.81,
92a.82,
92a.83 and
92a.85.
(2) Maintain a publicly available online
table of site-specific criteria.
(3) Submit the methodologies used for
site-specific criteria development to the EPA's Regional Administrator for
review and approval, within 30 days of Department's final action.
(4) Prepare a recommendation to the EQB in
the form of proposed rulemaking, incorporating that criterion for the water
body segment.
(g) If the
Department determines that new Statewide criteria or modifications to Statewide
criteria are appropriate, the Department will prepare a recommendation to the
EQB in the form of proposed rulemaking, incorporating the criteria into this
chapter. The new criteria and changes to the criteria will become effective
following adoption by the EQB as final rulemaking and publication in the
Pennsylvania Bulletin.
(h) A person challenging a Department action
under this section shall have the burden of proof to demonstrate that the
Department's action does not meet the requirements of this
section.
Notes
The provisions of this § 93.8d amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. §§ 691.5(b)(1) and 691.402); section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
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