§ 93.8. Development of site-specific water quality criteria.

 (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).

   This section cited in 25 Pa. Code §  93.5 (relating to application of water quality criteria to discharge of pollutants).