25 Pa. Code § 93.4b - Qualifying as High Quality or Exceptional Value Waters
(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:
dissolved oxygen | aluminum |
iron | dissolved nickel |
dissolved copper | dissolved cadmium |
temperature | pH |
dissolved arsenic | ammonia nitrogen |
dissolved lead | dissolved zinc |
(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.
Notes
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).
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