§ 93.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   BMP—Best management practices—

     (i)   Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce pollution to surface waters of this Commonwealth.

     (ii)   The term includes:

       (A)   Treatment requirements.

       (B)   Operating procedures.

       (C)   Practices to control plant site runoff, spillage, or leaks, sludge or waste disposal, or drainage from raw material storage.

   Carcinogen—A substance that causes an increased incidence in benign or malignant neoplasms, or a substantial decrease in the latency period between exposure and the onset of neoplasms in man or other species as evidenced by toxicological or epidemiololgical studies, or both.

   Class A wild trout water—A surface water classified by the Fish and Boat Commission, based on species-specific biomass standards, which supports a population of naturally produced trout of sufficient size and abundance to support a long-term and rewarding sport fishery.

   Clean Streams Law—The Clean Streams Law (35 P. S. § §  691.1—691.1001).

   Clean Water Act—The Federal Water Pollution Control Act (33 U.S.C.A. § §  1251—1376).

 Coordinated water quality protective measures—

     (i)   Legally binding sound land use water quality protective measures coupled with an interest in real estate which expressly provide long-term water quality protection of a watershed corridor.

     (ii)   Sound land use water quality protective measures include: surface or groundwater source protection zones, enhanced stormwater management measures, wetland protection zones or other measures which provide extraordinary water quality protection.

     (iii)   Real estate interests include:

       (A)   Fee interests.

       (B)   Conservation easements.

       (C)   Government owned riparian parks or natural areas.

       (D)   Other interests in land which enhance water quality in a watershed corridor area.

   Critical use—The most sensitive designated or existing use the criteria are designed to protect.

   Daily average—The arithmetic average of the samples collected during a continuous 24-hour period.

   Designated uses—Those uses specified in § §  93.4(a) and 93.9a—93.9z for each water body or segment whether or not they are being attained.

   Epilimnion—Warm upper layer of nearly uniform temperature in a stratified body of water, such as a lake or impoundment.

   Exceptional Value Waters—Surface waters of high quality which satisfy §  93.4b(b) (relating to antidegradation).

   Existing uses—Those uses actually attained in the water body on or after November 28, 1975, whether or not they are included in the water quality standards.

   Four-day average—The arithmetic average of the samples collected during a consecutive 4-day period.

   High Quality Waters—Surface waters having quality which exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water by satisfying §  93.4b(a).

   Hypolimnion—The cooler, denser, lower layer in a naturally stratified lake, pond or impoundment.

   Margin of safety—The combination of uncertainty and modifying factors applied to the results of toxicity tests to compensate for incomplete characterization of the effect on the population to be protected.

   Monthly average—The arithmetic average on the samples collected during a calendar month.

   Natural quality—The water quality conditions that exist or that would reasonably be expected to exist in the absence of human related activity.

   Nonpoint source—A pollution source which is not a point source discharge.

   Nonthreshold effect—An adverse impact, including carcinogenic effects, for which no exposure greater than zero assures protection to the exposed individual.

   One-hour average—The arithmetic average of the samples collected during a continuous 1-hour period.

   Osmotic pressure—The pressure which, when applied to a solution, will just prevent the passage of solvent—usually water—from an area of low solute concentration through a semipermeable membrane to an area of high solute concentration.

   Outstanding National, State, regional or local resource water—A surface water for which a National or State government agency has adopted water quality protective measures in a resource management plan, or regional or local governments have adopted coordinated water quality protective measures along a watershed corridor.

   Point source discharge—A pollutant source regulated under the National Pollutant Discharge Elimination System (NPDES) as defined in §  92.1 (relating to definitions).

   Priority pollutants—The chemicals identified by the EPA for priority in water pollution control, under section 307(a)(1) of the Clean Water Act (33 U.S.C.A. §  1317(a)(1)).

   Risk assessment—The characterization of the potential adverse effects of exposure to environmental hazards. The term includes hazard identification, dose-response assessment, exposure assessment and risk characterization.

   Risk management—The process of evaluation and selection between alternative regulatory options. Risk management decisions may include consideration of risk assessment, analytical, socio-economic and political factors.

   State game propagation and protection area—An area established by the Game Commission for the propagation and protection of game or wildlife wherein game or wildlife may not be hunted, pursued, disturbed, molested, killed or taken at any time except as authorized by the Game Commission.

   Surface water of exceptional ecological significance—A surface water which is important, unique or sensitive ecologically, but whose water quality as measured by traditional parameters (for example, chemical, physical or biological) may not be particularly high, or whose character cannot be adequately described by these parameters. These waters include:

     (i)   Thermal springs.

     (ii)   Wetlands which are exceptional value wetlands under §  105.17(1) (relating to wetlands).

   Surface water of exceptional recreational significance—A surface water which provides a water-based, water quality-dependent recreational opportunity (such as fishing for species with limited distribution) because there are only a limited number of naturally occurring areas and waterbodies across the State where the activity is available or feasible.

   Surface waters—Perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps and estuaries, excluding water at facilities approved for wastewater treatment such as wastewater treatment impoundments, cooling water ponds and constructed wetlands used as part of a wastewater treatment process.

   Threshold effect—An adverse impact that occurs in the exposed individual only after a physiological reserve is depleted. For these effects there exists a dose below which no adverse response will occur.

   Thirty-day average—The arithmetic average of the samples collected during a consecutive 30-day period.

   Toxic substance—A chemical or compound in sufficient quantity or concentration which is, or may become, harmful to human, animal or plant life. The term includes, but is not limited to, priority pollutants and those substances which are identified in Chapter 16 (relating to water quality toxic management strategy—statement of policy).

   Water quality criteria—Numeric concentrations, levels or surface water conditions that need to be maintained or attained to protect existing and designated uses.

   Wetlands—Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.

   Wilderness trout stream—A surface water designated by the Fish and Boat Commission to protect and promote native trout fisheries and maintain and enhance wilderness aesthetics and ecological requirements necessary for the natural reproduction of trout.

   The provisions of this §  93.1 amended under sections 5 and 402 of The Clean Streams Law (35 P. S. § §  691.5 and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  93.1 amended May 30, 1980, effective May 31, 1980, 10 Pa.B. 2157; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 968; amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6799; amended July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197. Immediately preceding text appears at serial pages (302863) to (302864) and (272013) to (272014).

 (a)  This chapter sets forth water quality standards for surface waters of this Commonwealth, including wetlands. These standards are based upon water uses which are to be protected and will be considered by the Department in implementing its authority under The Clean Streams Law and other statutes that authorize protection of surface water quality. Nothing in this chapter shall be construed to diminish or expand the authority of the Department to regulate surface water quality as authorized by statute.

 (b)  When an interstate or international agency under an interstate compact or international agreement establishes water quality standards regulations applicable to surface waters of this Commonwealth, including wetlands, more stringent than those in this title, the more stringent standards apply.

   The provisions of this §  93.2 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).

   The provisions of this §  93.2 amended through March 8, 1985, effective February 16, 1985, 15 Pa.B. 907; amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended February 11, 2005, effective February 12, 2005, 35 Pa.B.1197. Immediately preceding text appears at serial page (289917).

   Application

   The pollution to which the chapter refers must affect protected uses of the water. That standard was properly applied by the Environmental Hearing Board. People United To Save Homes v. Department of Environmental Protection, 789 A.2d 319 (Pa. Cmwlth. 2001).

 Water uses which shall be protected, and upon which the development of water quality criteria shall be based, are set forth, accompanied by their identifying symbols, in Table 1:

TABLE 1

   The provisions of this §  93.3 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).

   The provisions of this §  93.3 amended February 15, 1985, effective February 16, 1985, 15 Pa.B. 544; amended July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial pages (258048) to (258050).

 (a)  Statewide water uses. Except when otherwise specified in law or regulation, the uses set forth in Table 2 apply to all surface waters. These uses shall be protected in accordance with this chapter, Chapter 96 (relating to water quality standards implementation) and other applicable State and Federal laws and regulations.

TABLE 2

 (b)  Less restrictive uses. Less restrictive uses than those currently designated for particular waters listed in § §  93.9a—93.9z may be adopted when it is demonstrated that the designated use is more restrictive than the existing use, the use cannot be attained by implementing effluent limits required under sections 301(b) and 306 of the Federal Clean Water Act (33 U.S.C.A. § §  1311(b) and 1316) or implementing cost-effective and reasonable BMPs for nonpoint source control, and one or more of the following conditions exist:

   (1)  Naturally occurring pollutant concentrations (natural quality) prevent the attainment of the use.

   (2)  Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met.

   (3)  Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place.

   (4)  Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate the modification in a way that would result in the attainment of the use.

   (5)  Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life uses.

   (6)  Controls more stringent than those required by sections 301(b) and 306 of the Federal Clean Water Act would result in substantial and widespread economic and social impact.

 (c)  Redesignation of water. Waters considered for redesignation may not be redesignated to less restrictive uses than the existing uses.

   The provisions of this §  93.4 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).

   The provisions of this §  93.4 amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial pages (258050) to (258051).

   This section cited in 25 Pa. Code §  93.7 (relating to specific water quality criteria); 25 Pa. Code §  250.309 (relating to MSCs for surface water); and 25 Pa. Code §  250.406 (relating to relationship to surface water quality requirements).

ANTIDEGRADATION REQUIREMENTS

§ 93.4a. Antidegradation.

 (a)  Scope. This section applies to surface waters of this Commonwealth.

 (b)  Existing use protection for surface waters. Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected.

 (c)  Protection for High Quality Waters—The water quality of High Quality Waters shall be maintained and protected, except as provided in §  93.4c(b)(1)(iii) (relating to implementation of antidegradation requirements).

 (d)  Protection for Exceptional Value Waters—The water quality of Exceptional Value Waters shall be maintained and protected.

   The provisions of this §  93.4a 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).

   The provisions of this §  93.4a adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720.

 (a)  Qualifying as a High Quality Water. A surface water that meets one or more of the following conditions is a High Quality Water.

   (1)  Chemistry.

     (i)   The water has long-term water quality, based on at least 1 year of data which exceeds levels necessary to support the propagation of fish, shellfish and wildlife and recreation in and on the water by being better than the water quality criteria in §  93.7, Table 3 (relating to specific water quality criteria) or otherwise authorized by §  93.8a(b) (relating to toxic substances), at least 99% of the time for the following parameters:

     (ii)   The Department may consider additional chemical and toxicity information, which characterizes or indicates the quality of a water, in making its determination.

   (2)  Biology. One or more of the following shall exist:

     (i)   Biological assessment qualifier.

       (A)   The surface water supports a high quality aquatic community based upon information gathered using peer-reviewed biological assessment procedures that consider physical habitat, benthic macroinvertebrates or fishes based on Rapid Bioassessment Protocols for Use in Streams and Rivers: Benthic Macroinvertebrates and Fish, Plafkin, et al., (EPA/444/4-89-001), as updated and amended. The surface water is compared to a reference stream or watershed, and an integrated benthic macroinvertebrate score of at least 83% shall be attained by the referenced stream or watershed.

       (B)   The surface water supports a high quality aquatic community based upon information gathered using other widely accepted and published peer-reviewed biological assessment procedures that the Department may approve to determine the condition of the aquatic community of a surface water.

       (C)   The Department may consider additional biological information which characterizes or indicates the quality of a water in making its determination.

     (ii)   Class A wild trout stream qualifier. The surface water has been designated a Class A wild trout stream by the Fish and Boat Commission following public notice and comment.

 (b)  Qualifying as an Exceptional Value Water. A surface water that meets one or more of the following conditions is an Exceptional Value Water:

   (1)  The water meets the requirements of subsection (a) and one or more of the following:

     (i)   The water is located in a National wildlife refuge or a State game propagation and protection area.

     (ii)   The water is located in a designated State park natural area or State forest natural area, National natural landmark, Federal or State wild river, Federal wilderness area or National recreational area.

     (iii)   The water is an outstanding National, State, regional or local resource water.

     (iv)   The water is a surface water of exceptional recreational significance.

     (v)   The water achieves a score of at least 92% (or its equivalent) using the methods and procedures described in subsection (a)(2)(i)(A) or (B).

     (vi)   The water is designated as a ‘‘wilderness trout stream’’ by the Fish and Boat Commission following public notice and comment.

   (2)  The water is a surface water of exceptional ecological significance.

   The provisions of this §  93.4b 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).

   The provisions of this §  93.4b adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720.

   Designation; Protection

   Waterways which have been designated as ‘‘High Quality, Cold Water Fishery, Migratory Fishery Waters’’ are entitled to special protection. Leeward Construction Co. v. Department of Environmental Protection, 821 A.2d 145 (Pa. Cmwlth. 2003).

 (a)  Existing use protection.

   (1)  Procedures.

     (i)   Existing use protection shall be provided when the Department’s evaluation of information (including data gathered at the Department’s own initiative, data contained in a petition to change a designated use submitted to the EQB under §  93.4d(a) (relating to processing of petitions, evaluations and assessments to change a designated use), or data considered in the context of a Department permit or approval action) indicates that a surface water attains or has attained an existing use.

     (ii)   The Department will inform persons who apply for a Department permit or approval which could impact a surface water, during the permit or approval application or review process, of the results of the evaluation of information undertaken under subparagraph (i).

     (iii)   Interested persons may provide the Department with additional information during the permit or approval application or review process regarding existing use protection for the surface water.

     (iv)   The Department will make a final determination of existing use protection for the surface water as part of the final permit or approval action.

   (2)  Endangered or threatened species. If the Department has confirmed the presence, critical habitat, or critical dependence of endangered or threatened Federal or Pennsylvania species in or on a surface water, the Department will ensure protection of the species and critical habitat.

 (b)  Protection of High Quality and Exceptional Value Waters.

   (1)  Point source discharges. The following applies to point source discharges to High Quality or Exceptional Value Waters.

     (i)   Nondischarge alternatives/use of best technologies.

       (A)   A person proposing a new, additional or increased discharge to High Quality or Exceptional Value Waters shall evaluate nondischarge alternatives to the proposed discharge and use an alternative that is environmentally sound and cost-effective when compared with the cost of the proposed discharge. If a nondischarge alternative is not environmentally sound and cost-effective, a new, additional or increased discharge shall use the best available combination of cost-effective treatment, land disposal, pollution prevention and wastewater reuse technologies.

       (B)   A person proposing a new, additional or increased discharge to High Quality or Exceptional Value Waters, who has demonstrated that no environmentally sound and cost-effective nondischarge alternative exists under clause (A), shall demonstrate that the discharge will maintain and protect the existing quality of receiving surface waters, except as provided in subparagraph (iii).

     (ii)   Public participation requirements for discharges to High Quality or Exceptional Value Waters. The following requirements apply to discharges to High Quality or Exceptional Value Waters, as applicable:

       (A)   The Department will hold a public hearing on a proposed new, additional or increased discharge to Exceptional Value Waters when requested by an interested person on or before the termination of the public comment period on the discharge.

       (B)   For new or increased point source discharges, in addition to the public participation requirements in § §  92.61, 92.63 and 92.65 (relating to public notice of permit application and public hearing; public access to information; and notice to other government agencies), the applicant shall identify the antidegradation classification of the receiving water in the notice of complete application in §  92.61(a).

     (iii)   Social or economic justification (SEJ) in High Quality Waters. The Department may allow a reduction of water quality in a High Quality Water if it finds, after full satisfaction of the intergovernmental coordination and public participation provisions of the Commonwealth’s continuing planning process, that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. A reduction in water quality will not be allowed under this subparagraph unless the discharger demonstrates that the High Quality Water will support applicable existing and designated water uses (other than the high quality and exceptional value uses) in §  93.3, Table 1 (relating to protected water uses).

   (2)  Nonpoint source control. The Department will assure that cost-effective and reasonable best management practices for nonpoint source control are achieved.

 (c)  Special provisions for sewage facilities in High Quality or Exceptional Value Waters.

   (1)  SEJ approval in sewage facilities planning and approval in High Quality Waters. A proponent of a new, additional, or increased sewage discharge in High Quality Waters shall include an SEJ impact analysis as part of the proposed revision or update to the official municipal sewage facilities plan under Chapter 71 (relating to administration of sewage facilities planning program). The Department will make a determination regarding the consistency of the SEJ impact analysis with subsection (b)(1)(iii). The determination will constitute the subsection (b)(1)(iii) analysis at the National Pollutant Discharge Elimination System (NPDES) permit review stage under Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance), unless there is a material change in the project or law between sewage facilities planning and NPDES permitting, in which case the proponent shall recommence sewage facilities planning and perform a new social or economic justification impact analysis.

   (2)  SEJ for sewage facilities in High Quality Waters correcting existing public health or pollution hazards. A sewage facility, for which no environmentally sound and cost-effective nondischarge alternative is available under subsection (b)(1)(i)(A), proposed to discharge into High Quality Waters, which is designed for the purpose of correcting existing public health or pollution hazards documented by the Department, and approved as part of an official plan or official plan revision under §  71.32 (relating to Department responsibility to review and act upon official plans), satisfies the SEJ requirements in subsection (b)(1)(iii).

   (3)  Public participation requirements for official sewage facilities plans or revisions to official plans in High Quality or Exceptional Value Waters. A proponent of a sewage facility in High Quality or Exceptional Value Waters seeking approval of an official plan or revision shall comply with the public participation requirements in §  71.53(d)(6) (relating to municipal administration of new land development planning requirements for revisions).

   The provisions of this §  93.4c 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).

   The provisions of this §  93.4c adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720; corrected July 30, 1999, effective July 16, 1999, 29 Pa.B. 4063.

 (a)  Public notice of receipt of evaluation, or assessment of waters, for High Quality or Exceptional Value Waters redesignation. The Department will publish in the Pennsylvania Bulletin and in a local newspaper of general circulation notice of receipt of a complete evaluation 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 evaluation 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).

   The provisions of this §  93.4d adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720.

   The provisions of this §  93.5 amended through February 15, 1985, effective February 16, 1985, 15 Pa.B. 544; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 968; amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; reserved November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial pages (258057) to (258061).

   The Department of Environmental Resources was not required to consider the economic consequences to a discharger in establishing water quality based effluent limitations in a National Pollutant Discharge Elimination System (NPDES) Permit. Mathies Coal Co. v. Department of Environmental Resources, 559 A.2d 506, 511 (Pa. 1989).

 (a)  Water may not contain substances attributable to point or nonpoint source discharges in concentration or amounts sufficient to be inimical or harmful to the water uses to be protected or to human, animal, plant or aquatic life.

 (b)  In addition to other substances listed within or addressed by this chapter, specific substances to be controlled include, but are not limited to, floating materials, oil, grease, scum and substances that produce color, tastes, odors, turbidity or settle to form deposits.

   The provisions of this §  93.6 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).

   The provisions of this §  93.6 amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 968; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197. Immediately preceding text appears at serial page (272025).

   Denial of an application for a mine drainage permit cannot be based solely on the ground that the watershed has been designated a conservation area, but must be reviewed on the basis of whether its proposed operation would discharge an effluent which would result in the degradation of the water quality of a stream in terms of its protected uses designated under this section. Doraville Enterprises v. Commonwealth, 73 Pa. D. & C.2d 635, 645, 646 (1975)

   The water quality criteria do not preclude the allowance of a reasonable mixing zone if there is no significant effect on the ambient temperature of the stream outside the mixing zone. Bartram v. Parrish, 74 Pa. D. & C.2d 627, 649 (1974).

 (a)  Table 3 displays specific water quality criteria and associated critical uses. The criteria associated with the Statewide water uses listed in §  93.4, Table 2 apply to all surface waters, unless a specific exception is indicated in § §  93.9a—93.9z. Other specific water quality criteria apply to surface waters as specified in § §  93.9a—93.9z. All applicable criteria shall be applied in accordance with this chapter, Chapter 96 (relating to water quality standards implementation) and other applicable State and Federal laws and regulations.

TABLE 3

Parameter	Symbol	Criteria	Critical Use*
Alkalinity	Alk	Minimum 20 mg/l as CaCO3, except where natural conditions are less. Where discharges are to waters with 20 mg/l or less alkalinity, the discharge should not further reduce the alkalinity of the receiving waters.	CWF, WWF, TSF, MF
Ammonia Nitrogen	Am	The maximum total ammonia nitrogen concentration at all times shall be the numerical value given by: un-ionized ammonia nitrogen (NH3-N) x (log-1[pKT-pH] + 1), where: un-ionized ammonia nitrogen = 0.12 x f(T)/f(pH) f(pH) = 1 + 101.03(7.32-pH) f(T) = 1, T ›= 10°C f(T) = 1 + 10(9.73-pH) , T ‹ 10°C 1 + 10(pKT-pH)	1
		and pKT = , the dissociation 0.090 +    constant for ammonia in water.   2730   (T + 273.2) []
		The average total ammonia nitrogen concentration over any 30 consecutive days shall be less than or equal to the numerical value given by: un-ionized ammonia nitrogen (NH3-N) x (log-1[pKT-pH] + 1), where: un-ionized ammonia nitrogen = 0.025 x f(T)/f(pH) f(pH) = 1, pH ›= 7.7 f(pH) = 100.74(7.7-pH), pH ‹ 7.7 f(T) = 1, T ›= 10°C f(T) = 1 + 10(9.73-pH) , T ‹ 10°C 1 + 10(pKT-pH)
		The pH and temperature used to derive the appropriate ammonia criteria shall be determined by one of the following methods:
		1) Instream measurements, representative of median pH and temperature—July through September.
		2) Estimates of median pH and temperature—July through September—based upon available data or values determined by the Department. For purposes of calculating effluent limitations based on this value the accepted design stream flow shall be the actual or estimated lowest 30-consecutive-day average flow that occurs once in 10 years.
Bacteria	Bac1	(Fecal coliforms/ 100 ml)—During the swimming season (May 1 through September 30), the maximum fecal coliform level shall be a geometric mean of 200 per 100 milliliters (ml) based on a minimum of five consecutive samples each sample collected on different days during a 30-day period. No more than 10% of the total samples taken during a 30-day period may exceed 400 per 100 ml. For the remainder of the year, the maximum fecal coliform level shall be a geometric mean of 2,000 per 100 milliliters (ml) based on a minimum of five consecutive samples collected on different days during a 30-day period.	WC
	Bac2	(Coliforms/100 ml)—Maximum of 5,000/100 ml as a monthly average value, no more than this number in more than 20 of the samples collected during a month, nor more than 20,000/100 ml in more than 5% of the samples.	PWS
Chloride	Ch	Maximum 250 mg/l.	PWS
Color	Col	Maximum 75 units on the platinum-cobalt scale; no other colors perceptible to the human eye.	PWS
Dissolved Oxygen		The following specific dissolved oxygen criteria recognize the natural process of stratification in lakes, ponds and impoundments. These criteria apply to flowing waters and to the epilimnion of a naturally stratified lake, pond or impoundment. The hypolimnion in a naturally stratified lake, pond or impoundment is protected by the narrative water quality criteria in §  93.6 (relating to general water quality criteria). For nonstratified lakes, ponds or impoundments, the dissolved oxygen criteria apply throughout the lake, pond or impoundment to protect the critical uses.
	DO1	For flowing waters, minimum daily average 6.0 mg/l; minimum 5.0 mg/l. For lakes, ponds and impoundments, minimum 5.0 mg/l.	CWF HQ-WWF HQ-TSF
	DO2	Minimum daily average 5.0 mg/l; minimum 4.0 mg/l.	WWF
	DO3	For the period February 15 to July 31 of any year, minimum daily average 6.0 mg/l; minimum 5.0 mg/l. For the remainder of the year, minimum daily average 5.0 mg/l; minimum 4.0 mg/l.	TSF
	DO4	Minimum 7.0 mg/l.	HQ-CWF
Fluoride	F	Daily average 2.0 mg/l.	PWS
Iron	Fe1	30-day average 1.5 mg/l as total recoverable.	CWF, WWF, TSF, MF
	Fe2	Maximum 0.3 mg/l as dissolved.	PWS
Manganese	Mn	Maximum 1.0 mg/l, as total recoverable.	PWS
Nitrite plus Nitrate	N	Maximum 10 mg/l as nitrogen.	PWS
Osmotic Pressure	OP	Maximum 50 milliosmoles per kilogram.	CWF, WWF, TSF, MF
pH	pH	From 6.0 to 9.0 inclusive.	CWF, WWF, TSF, MF
Phenolics (except §  307(a)(1) (33 U.S.C.A. §  1317(a)(1)), Priority Pollutants)	Phen	Maximum 0.005 mg/l.	PWS
Sulfate	Sul	Maximum 250 mg/l.	PWS
Temperature		Maximum temperatures in the receiving water body resulting from heated waste sources regulated under Chapters 92, 96 and other sources where temperature limits are necessary to protect designated and existing uses. Additionally, these wastes may not result in a change by more than 2°F during a 1-hour period.	See the following table.

SYMBOL: CRITICAL USE: PERIOD	TEMP1 CWF	TEMP2 WWF TEMPERATURE °F	TEMP3 TSF
January 1-31	38	40	40
February 1-29	38	40	40
March 1-31	42	46	46
April 1-15	48	52	52
April 16-30	52	58	58
May 1-15	54	64	64
May 16-31	58	72	68
June 1-15	60	80	70
June 16-30	64	84	72
July 1-31	66	87	74
August 1-15	66	87	80
August 16-30	66	87	87
September 1-15	64	84	84
September 16-30	60	78	78
October 1-15	54	72	72
October 16-31	50	66	66
November 1-15	46	58	58
November 16-30	42	50	50
December 1-31	40	42	42

Parameter	Symbol	Criteria	Critical Use*
Total Dissolved Solids	TDS	500 mg/l as a monthly average value; maximum 750 mg/l.	PWS
Total Residual Chlorine	TRC	Four-day average 0.011 mg/l; 1-hour average 0.019 mg/l.	CWF, WWF, TSF, MF

   *Critical use: The most sensitive designated or existing use the criteria are designed to protect.

 (b)  Table 4 contains specific water quality criteria that apply to the water uses to be protected. When the symbols listed in Table 4 appear in the Water Uses Protected column in §  93.9, they have the meaning listed in the second column of Table 4. Exceptions to these standardized groupings will be indicated on a stream-by-stream or segment-by-segment basis by the words ‘‘Add’’ or ‘‘Delete’’ followed by the appropriate symbols described elsewhere in this chapter.

TABLE 4

 (c)  The list of specific water quality criteria does not include all possible substances that could cause pollution. For substances not listed, the general criterion that these substances may not be inimical or injurious to the existing or designated water uses applies. The Department will develop a criterion for any substance not listed in Table 3 that is determined to be inimical or injurious to existing or designated water uses using the best available scientific information, as determined by the Department.

 (d)  If the Department determines that natural quality of a surface water segment is of lower quality than the applicable aquatic life criteria in Table 3, the natural quality shall constitute the aquatic life criteria for that segment. All draft natural quality determinations shall be published in the Pennsylvania Bulletin and be subject to a minimum 30-day comment period. The Department will maintain a publicly available list of surface waters and parameters where this subsection applies, and shall, from time to time, submit appropriate amendments to § §  93.9a—93.9z.

   The provisions of this §  93.7 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).

   The provisions of this §  93.7 amended through March 8, 1985, effective February 16, 1985, 15 Pa.B. 907; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 968; amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended April 3, 1998, effective November 4, 1995, 28 Pa.B. 1633; amended July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; amended January 5, 2007, effective January 6, 2007, 37 Pa.B. 11. Immediately preceding text appears at serial pages (309708), (318281) to (318282) and (309711) to (309713).

   The Department of Environmental Resources is not required to consider the economic consequences to a discharger in establishing water-quality based effluent limitations in a National Pollutant Discharge Elimination System (NPDES) Permit. Mathies Coal Company v. Department of Environmental Resources, 559 A.2d 506 (Pa. 1989).

   The water quality standards in 25 Pa. Code §  93.7 are to be considered only as one of the major factors in developing discharge limitations, and neither these standards nor effluent limitations based on them in case-by-case DER determinations require a presumption of validity. Lucas v. Department of Environmental Resources, 420 A.2d 1 (Pa. Cmwlth. 1980).

 (a)  The Department will consider a request for site-specific criteria for protection of aquatic life, human health or wildlife when a person demonstrates that there exist site-specific biological or chemical conditions of receiving waters which differ from conditions upon which the water quality criteria were based. Site-specific criteria may be developed for use only in place of current Statewide or regional (such as the Great Lakes systems) criteria. The request for site-specific criteria shall 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 its existing use and designated use.

 (b)  Scientific studies shall be performed in accordance with the procedures and guidance in the Water Quality Standards Handbook (EPA 1994), as amended and updated, guidance provided by the Department or other scientifically defensible methodologies approved by the Department.

 (c)  Prior to conducting studies specified in subsections (a) and (b), a proposed plan of study shall be submitted to and approved by the Department.

 (d)  Signed copies of all reports including toxicity test data shall be submitted to the Department within 30 days of completion of the tests.

 (e)  If as a result of its review of the report submitted, the Department determines that a site-specific criterion is appropriate, the Department will, for site-specific changes to criteria in §  93.7 (relating to specific water quality criteria), prepare a recommendation to the EQB in the form of proposed rulemaking, incorporating that criterion for the water body segment. The site-specific changes to the criteria will become effective for the water body segment following adoption by the EQB as final rulemaking and publication in the Pennsylvania Bulletin.

 (f)  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.

   The provisions of this §  93.8 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).

   The provisions of this §  93.8 amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6799; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197. Immediately preceding text appears at serial pages (294441) to (294442).

 (a)  The waters of this Commonwealth may not contain toxic substances attributable to point or nonpoint source waste discharges in concentrations or amounts that are inimical to the water uses to be protected.

 (b)  Water quality criteria for toxic management substances shall be established under Chapter 16 (relating to water quality toxics management strategy—statement of policy) wherein the criteria and analytical procedures will also be listed. Chapter 16 along with changes made to it is hereby specifically incorporated by reference.

 (c)  Water quality criteria for toxic substances which exhibit threshold effects will be established by application of margins of safety to the results of toxicity testing to prevent the occurrence of a threshold effect.

 (d)  Nonthreshold carcinogenic effects of toxic substances, will be controlled to a risk management level of one excess case of cancer in a population of 1 million (1 x 10^-6) over a 70-year lifetime. Other nonthreshold effects of toxic substances will be controlled at a risk management level as determined by the Department.

 (e)  Water quality criteria for toxics shall be applied in accordance with Chapter 96 (relating to water quality standards implementation) and any other applicable State and Federal laws and regulations. For carcinogens, the design conditions shall result in a lifetime—70 years—average exposure corresponding to the risk management level specified in subsection (d).

 (f)  The Department will consider both the acute and chronic toxic impacts to aquatic life and human health.

 (g)  The Department may consider synergistic, antagonistic and additive toxic impacts.

 (h)  At intervals not exceeding 1 year, the Department will publish a new or revised water quality criteria for toxic substances, and revised procedures for criteria development in the Pennsylvania Bulletin.

 (i)  A person challenging criteria established by the Department under this section shall have the burden of proof to demonstrate that the criteria does not meet the requirements of this section. In addition, a person who proposes an alternative site-specific criterion shall have the burden of proof to demonstrate that the site specific criterion meets the requirements of this section.

 (j)  The requirements for discharges to and antidegradation requirements for the Great Lakes System are as follows:

   (1)  Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

  BAF—Bioaccumulation Factor—The ratio in liters per kilogram of a substance’s concentration in tissues of an aquatic organism to its concentration in the ambient water, when both the organism and its food are exposed and the ratio does not change substantially over time.

  BCC—Bioaccumulative Chemical of Concern—A chemical that has the potential to cause adverse effects which, upon entering the surface waters, by itself or its toxic transformation product, accumulates in aquatic organisms by a human health BAF greater than 1,000, after considering metabolism and other physiochemical properties that might enhance or inhibit bioaccumulation, under the methodology in 40 CFR Part 132 Appendix B (relating to Great Lakes Water Quality Initiative). Current BCCs are listed in 40 CFR 132.6, Table 6.A (relating to pollutants of initial focus in the Great Lakes Water Quality Initiative).

  Great Lakes System—The streams, rivers, lakes and other bodies of surface water within the drainage basin of the Great Lakes in this Commonwealth.

  Open Waters of the Great Lakes—The waters within the Great Lakes in this Commonwealth lakeward from a line drawn across the mouth of the tributaries to the lakes, including the waters enclosed by constructed breakwaters, but not including the connecting channels.

   (2)  Total Maximum Daily Loads (TMDLs). TMDLs for Open Waters of the Great Lakes shall be derived following the procedures in 40 CFR Part 132, Appendix F, Procedure 3.D (relating to Great Lakes Water Quality Initiative implementation procedures).

   (3)  Statewide antidegradation requirements in this chapter and Chapter 95 (relating to water quality standards; and wastewater treatment requirements) and in the Federal regulation in 40 CFR 131.32(a) (relating to Pennsylvania) as applicable, apply to all surface waters of the Great Lakes System.

   (4)  If, for any BCC, the quality of the surface water exceeds the levels necessary to support the propagation of fish, shellfish and wildlife and recreation in and on the waters, that quality shall be maintained and protected, unless the Department finds that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the surface water is located.

   The provisions of this §  93.8a issued under sections 5 and 402 of The Clean Streams Law (35 P. S. § §  691.5 and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  93.8a adopted March 10, 1989, effective March 11, 1989, 19 Pa.B. 968; amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6799; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended December 13, 2002, effective December 14, 2002, 32 Pa.B. 6098. Immediately preceding text appears at serial pages (272032) to (272034).

   This section cited in 25 Pa. Code §  16.33 (relating to nonthreshold effects (cancer)); 25 Pa. Code §  93.4b (relating to qualifying as High Quality or Exceptional Value Waters); 25 Pa. Code §  93.8 (relating to development of site-specific water quality criteria for the protection of aquatic life); and 25 Pa. Code §  96.3 (relating to water quality protection requirements).

DESIGNATED WATER USES AND WATER QUALITY CRITERIA

§ 93.9. Designated water uses and water quality criteria.

 (a)  The tables in § §  93.9a—93.9z display designated water uses and water quality criteria in addition to the water uses and criteria specified in Tables 2 and 3. Designated uses shall be protected in accordance with Chapters 95 and 96 (relating to wastewater treatment requirements; and water quality standards implementation) and any other applicable State and Federal laws and regulations. The tables also indicate specific exceptions to Tables 2 and 3 on a stream-by-stream or segment-by-segment basis by the words ‘‘add’’ or ‘‘delete’’ followed by the appropriate symbols described elsewhere in this chapter. The county column in § §  93.9a—93.9z indicates the county in which the mouth of the stream is located. Abbreviations used in the Stream and the ‘‘Zone’’ columns are as follows:

 FAS—Federal Aid Secondary Highway

 I—Interstate Highway

 LR—Pennsylvania Legislative Route

 RM—River Mile; river miles are used to indicate the distance from a point on the waterbody to its mouth and are based on the DEP’s River Mile Index

 SR—Pennsylvania State Route

 T—Township Road

 UNT—Unnamed Tributaries

 US—United States Federal Route

 (b)  When appropriate, ‘‘Exceptions to Specific Criteria’’ provide reference to the Delaware River Basin Commission (DRBC) water quality regulations, Orsanco (Ohio River Valley Water Sanitation Commission) pollution control standards and the Great Lakes Water Quality Agreement (GLWQA) which specify the criteria that apply. The applicable criteria can be obtained from the following:
Delaware River Basin Commission
P. O. Box 7360
West Trenton, New Jersey 08628
(609) 883-9500

Ohio River Valley Water Sanitation Commission
5735 Kellogg Ave.
Cincinnati, Ohio 45228
(513) 231-7719

GLWQA: International Joint Commission
Great Lakes Regional Office
100 Ouellette Ave., 8th Floor
Windsor Ontario, Canada N9A 6T3
(519) 257-6700

 (c)  With respect to hydrological order, the numbers appearing on the left-hand column of the drainage lists represent stream entries to aid in identifying hydrological order: 1 identifies the most downstream hydrologic order; 2 is triburary to 1; 3 is tributary to 2, and so on.

 (d)  An overview appears as follows:

   The provisions of this §  93.9 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).

   The provisions of this §  93.9 amended through September 4, 1987, effective September 5, 1987, 17 Pa.B. 3602 and 3604; amended September 9, 1988, effective September 10, 1988, 18 Pa.B. 4089; amended November 25, 1988, effective November 26, 1988, 18 Pa.B. 5260; corrected December 9, 1988, effective November 26, 1988, 18 Pa.B. 5260; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 968; corrected March 24, 1989, effective February 25, 1989, 19 Pa.B. 1288; amended May 19, 1989, effective May 20, 1989, 19 Pa.B. 2158; amended June 23, 1989, effective June 24, 1989, 19 Pa.B. 2645; amended June 28, 1991, effective June 29, 1991, 21 Pa.B. 2885; amended November 29, 1991, effective November 30, 1991, 21 Pa.B. 5511; amended March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended October 31, 2003, effective November 1, 2003, 33 Pa.B. 5420; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197. Immediately preceding text appears at serial pages (304256), (300701) to (300702) and (272037).

   In General

   Regulations contemplate that the Department will evaluate the degree to which phosphorus contributes to the impairment designated uses on a case-by-case basis and may impose more stringent limitations where necessary. Neshaminy Water Resources Authority v. Department of Environmental Resources, 513 A.2d 979, 981 (Pa. 1986).

   Judicial Review

   Petition filed under Commonwealth Court’s original jurisdiction, challenging new regulations which removed specific numeric phosphorus content limits in favor of evaluation by a general model, was premature since petitioner would ‘‘not suffer direct and immediate harm which would render the statutory administrative review, process inadequate.’’ Neshaminy Water Resources Authority v. Department of Environmental Resources, 513 A.2d 979, 981 (Pa. 1986).

   Regulations removing specific numeric phosphorus content limits in favor of evaluation by a general model must be challenged on a case-by-case basis by individual phosphorus discharges; said challenges do not cause direct and immediate harm to a petitioner and are deemed more efficient than judicial speculation as to how the Department will implement amended regulations. Neshaminy Water Resources Authority v. Department of Environmental Resources, 513 A.2d 979, 981 (Pa. 1986).

   Since amended regulations provided that existing point sources of phosphorus would continue to operate at current levels and since the amended regulations also provided for DER evaluation of effects of phosphorous on a case-by-case basis with the likelihood that more stringent limitations would be imposed, the impact of the new regulations on petitioner was uncertain, not direct and immediate, thereby precluding exercise of the court’s equitable jurisdiction. Neshaminy Water Resources Authority v. Department of Environmental Resources, 498 A.2d 1000, 1002 (Pa. Commw. 1985).

   Although court had jurisdiction under Declaratory Judgement Act to consider a preenforcement challenge to new regulations, the court declined to do so because it remained to be seen how the Department would apply the regulations to phosphorus discharges in Petitioner’s area. Neshaminy Water Resources Authority v. Department of Environmental Resources, 498 A.2d 1000 (Pa. Cmwlth. 1985).

   Quality Water

   Where a body of water is designated ‘‘high quality’’ under this section, that fact together with the provisions of 25 Pa. Code §  95.1(b) demand that the permit holder developer and the Department be the parties responsible for justifying the permit after evidence has been presented showing the likelihood of environmental harm. Marcon, Inc. v. Department of Environmental Resources, 462 A.2d 969 (Pa. Cmwlth. 1983).

   This section cited in 25 Pa. Code §  71.64 (relating to small flow treatment facilities); 25 Pa. Code §  93.7 (relating to specific water quality criteria); 25 Pa. Code §  250.309 (relating to MSCs for surface water); 25 Pa. Code §  250.406 (relating to relationship to surface water quality requirements); and 25 Pa. Code §  269a.50 (relating to environmental assessment considerations).

   Delaware River Basin in Pennsylvania
Delaware River

   The provisions of this §  93.9a 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).

   The provisions of this §  93.9a adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197. Immediately preceding text appears at serial pages (272039) to (272041).

   Delaware River Basin in Pennsylvania
Lackawaxen River

   The provisions of this §  93.9b 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 Law of 1929 (71 P. S. §  510-20).

   The provisions of this §  93.9b adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended February 11, 2005, effective February 12, 2005 35 Pa.B. 1197; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4364. Immediately preceding text appears at serial pages (309724) to (309725).

   Delaware River Basin in Pennsylvania
Delaware River

   The provisions of this §  93.9c 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).

   The provisions of this §  93.9c adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended July 17, 1992, effective July 18, 1992, 22 Pa. B. 3741; amended May 14, 1993, effective May 15, 1993, 23 Pa.B. 2325; amended November 19, 1993, effective November 20, 1993, 23 Pa.B. 5529; amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended September 22, 1995, effective September 23, 1995, 25 Pa.B. 3971; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended June 16, 2000, effective June 17, 2000, 30 Pa.B. 3036; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended May 31, 2002, effective June 1, 2002, 32 Pa.B. 2691; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6133; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197. Immediately preceding text appears at serial pages (272044), (288905) to (288906) and (307481) to (307483).

   Delaware River Basin in Pennsylvania
Lehigh River

   The provisions of this §  93.9d 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).

   The provisions of this §  93.9d adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended May 14, 1993, effective May 15, 1993, 23 Pa.B. 2325; amended November 19, 1993, effective November 20, 1993, 23 Pa.B. 5529; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended May 31, 2002, effective June 1, 2002, 32 Pa.B. 2691; corrected September 6, 2002, effective June 1, 2002, 32 Pa.B. 4363; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; amended January 5, 2007, effective January 6, 2007, 37 Pa.B. 11. Immediately preceding text appears at serial pages (309731) to (309736).

   Delaware River Basin in Pennsylvania
Delaware River

 The following criteria are specific to waters in the Neshaminy Creek Basin where indicated, based on special studies.

   The provisions of this §  93.9e 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).

   The provisions of this §  93.9e adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended July 17, 1992, effective July 18, 1992, 22 Pa. B. 3741; amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended July 22, 1994, effective July 23, 1994, 24 Pa.B. 3528; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended October 10, 1997, effective October 11, 1997, 27 Pa.B. 5247; corrected July 17, 1998, effective December 6, 1997, 28 Pa.B. 3378; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; corrected December 23, 2004, effective February 3, 2001, 34 Pa.B. 6765; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; amended October 21, 2005, effective October 22, 2005, 35 Pa.B. 5806; amended January 5, 2007, effective January 6, 2007, 37 Pa.B. 11. Immediately preceding text appears at serial pages (309736) and (315467) to (315470).

   Delaware River Basin in Pennsylvania
Schuylkill River

   The provisions of this §  93.9f 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).

   The provisions of this §  93.9f adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended July 17, 1992, effective July 18, 1992, 22 Pa. B. 3741; amended November 19, 1993, effective November 20, 1993, 23 Pa.B. 5529; amended September 2, 1994, effective May 7, 1994, 24 Pa.B. 4461; amended September 22, 1995, effective September 23, 1995, 25 Pa.B. 3971; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended October 10, 1997, effective October 11, 1997, 27 Pa.B. 5247; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4510; amended November 24, 1999, effective November 27, 1999, 29 Pa.B. 5999; amended June 16, 2000, effective June 17, 2000, 30 Pa.B. 3036; corrected July 20, 2001, effective September 6, 1997, 31 Pa.B. 3893; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695; amended October 31, 2003, effective November 1, 2003, 33 Pa.B. 5420; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; corrected March 18, 2005, effective May 3, 2003, 35 Pa.B. 1762; corrected March 25, 2005, effective May 3, 2003, 35 Pa.B. 1885; amended October 21, 2005, effective October 22, 2005, 35 Pa.B. 5806; corrected April 7, 2006, effective October 6, 2001, 36 Pa.B. 1648; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4364. Immediately preceding text appears at serial pages (324891) to (324892), (309741) to (309742), (318283) to (318284), (320515) to (320516), (315475) to (315476) and (318285) to (318286).

   Delaware River Basin in Pennsylvania
Delaware River

   The provisions of this §  93.9g 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).

   The provisions of this §  93.9g adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended May 14, 1993, effective May 15, 1993, 23 Pa.B. 2325; amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended September 22, 1995, effective September 23, 1995, 25 Pa.B. 3971; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4510; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended July 20, 2001, effective November 8, 1998, 31 Pa.B. 3894; amended October 31, 2003, effective November 1, 2003, 33 Pa.B. 5420; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6133; amended January 5, 2007, effective January 6, 2007, 37 Pa.B. 11; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4364. Immediately preceding text appears at serial pages (307485) to (307488), (300713) to (300714) and (324893) to (324895).

   Susquehanna River Basin in Pennsylvania
Tioga River

   The provisions of this §  93.9h 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).

   The provisions of this §  93.9h adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695. Immediately preceding text appears at serial pages (272075) to (272077).

   Susquehanna River Basin in Pennsylvania
Susquehanna River

   The provisions of this §  93.9i 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).

   The provisions of this §  93.9i adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended May 14, 1993, effective May 15, 1993, 23 Pa.B. 2325; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197. Immediately preceding text appears at serial pages (291850), (272079) to (272084) and (296133).

   Susquehanna River Basin in Pennsylvania
Lackawanna River

   The provisions of this §  93.9j 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).

   The provisions of this §  93.9j adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695; corrected March 7, 2003, effective December 7, 2002, 33 Pa.B. 1226. Immediately preceding text appears at serial pages (291852) to (291854).

   Susquehanna River Basin in Pennsylvania
Susquehanna River