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February 2007
Prepared by Thomas
Au, Barbara Benson
and and Robin Mann.
This is the first in a series of periodic newsletters
to keep Sierra Club members and leaders informed on important water
resources issues and is being sent to Group Chairs, Group Conservation
Chairs, and Group Water leaders. We encourage you to circulate the
newsletter as you deem appropriate and welcome your comments and
input. If you did not receive this newsletter and would like to
receive future issues of the PA Chapter Water Issues Newsletter,
please send a message to Barbara
Benson, asking to be added to the distribution list. If you
have received this newsletter and prefer not to receive it, please
send a message to Barbara
Benson asking to be removed from the distribution list.
Stormwater Best Practices Manual Implementation
The DEP Stormwater Best Practices Manual was released in final form
on Dec. 30, 2006. DEP and other groups are conducting a number of
workshops to train municipal officials and developers on the contents
of the manual. The Model Stormwater Management Ordinance for municipalities
has not been released in final form by DEP. This model ordinance
is an important link for implementing the best practices manual.
Stormwater Permit Initiatives
Last fall, DEP proposed four initiatives to expedite stormwater
permit review process. The chapter and some groups submitted comments
critical of the proposal. DEP Secretary McGinty met with Clean Water
Action, PennFuture, and others on Jan. 3, 2007. DEP was responsive
to the concerns expressed. DEP clarified some of the proposals and
pared back some others. However, no formal revision of DEP’s
proposals has been released.
Combined Sewer Overflow
The Pennsylvania Combined Sewer Overflow (CSO) Policy is available
for public comment. http://www.dep.state.pa.us/TechnicalGuidance/Draft_technical_guidance.asp
The policy is a refinement on current policy designed to eliminate
combined sewer overflow (CSO) discharges and ensure the achievement
of applicable water quality standards. The comment period closes
Feb. 28, 2007
Revisions to Erosion Control and Wetland and Stream Encroachment
Regulations
In January, DEP announced that it will be revising two sets of regulations,
relating to erosion and sedimentation control (Chapter 102) and
encroachments on wetlands and streams (Chapter 105). Sierra Club
and other Pa Campaign for Clean Water Action members have met with
DEP staff to discuss the concerns of the environmental community
and to propose changes the groups would like to see. DEP expects
revision process to take two years.
Chesapeake Bay Stormwater Workgroup
DEP has convened a PA Chesapeake Bay Tributary Strategy Stormwater
Workgroup. The workgroup held its first meeting on Nov. 20, 2006.
The group engaged in a lengthy discussion regarding specific issues
and/or concerns on the state of the science of best management practices
(BMP) pollutant removal efficiencies, BMPs that should to emphasized
(i.e., pretreatment), and the potential impact of the integration
of cap loads into MS4 permits. DEP wants to encourage additional
nutrient reductions (nitrogen, phosphorous, and sediment) in the
Chesapeake Bay watershed to meet the 2010 goals. The next meeting
of the workgroup is March 8 in Harrisburg.
Nutrient Trading Program
On December 30, 2006, DEP finalized its nutrient trading program
for the Chesapeake Bay watershed. The relevant documents can be
found at www.dep.state.pa.us/river/river_trading.htm. The policy
and guidelines provide specific criteria for tracking nutrient reductions
and resultant credits in the watershed. DEP admits that there is
some level of uncertainty in the ultimate success of nutrient and
sediment reductions that will serve as the basis for tradable credits.
The chapter joined with other environmental groups in a letter commenting
on defects in the draft proposal for this program. Many of the deficiencies
remain in the final policy and guidelines. DEP recently certified
its first two tradable credits - one involving Mt. Joy Borough Authority
and local farms and the second involving Red Barn Trading Co. export
of poultry manure outside the watershed.
Special Protection Streams
The following information on special protection streams was reported
at recent PCCW steering committee meetings: The first layout of
a guide on the effects of special protection designation (exceptional
value, EV and high quality, HQ) has gone to the printers and 2000
copies will be ready the first weekend in March. The information
provided in this guide should be very useful in promoting understanding
of what special protections mean and don't mean. The Sherman's Creek
petition for EV has been accepted for further study. This is a warm
water creek, so special designation for this would be a first. DEP
has accepted the Tunkhannock Creek petition for EV status and has
asked for further information. The Upper Perkiomen petition for
EV will be submitted on Feb 20th. There are 90 co-petitioners and
efforts are under way to obtain letters of support from municipalities.
Reliant Energy
PennEnvironment and the Sierra Club notified Reliant Energy that
its 1,711-megawatt power plant in New Florence (Indiana County)
has violated the federal Clean Water Act by discharging potentially
toxic levels of aluminum, boron, iron, manganese and selenium into
the Conemaugh River on 200 days in the last two years. These discharges
violated its federal and state permit for these pollutants. The
press conference announcing the notice received coverage in the
Pittsburgh Post-Gazette, the Johnstown Tribune-Democrat, and the
local TV station.
Moosic Mountain Barrens
The Northeast group received a significant Huplits grant that is
being put towards the purchase of some important habitat/watershed
land in the Moosic Mountain Barrens. The group has donated $26,000
to the Nature Conservancy to support the preservation plan by purchasing
5,000 acres of watershed land from Theta Land Corporation. They
are working to protect other parts of the watershed not part of
this purchase.
Beltzville Hydroelectric Project
The Borough of Lehighton is proposing to install a hydroelectric
generating station. On Jan. 27, 2007, the Federal Energy Regulatory
Commission published a notice of receipt of the Borough’s
application. 72 F.R. 3840. The project would use the Corps of Engineers'
existing Beltzville Lake Dam, and consist of a buried pipe, a powerhouse
containing two generating units with a total installed capacity
of 2.15 MW, a 12-kv transmission line. The project would have an
annual generation of 13.33 GWh. The project is described as “run-of-river”
– the operation of a hydroelectric project in which the quantity
of water discharged from the project essentially equals the flow
in the river in the various seasons. The deadline for filing additional
scientific study requests is Feb. 27, 2007.
Alpine Rose Racetrack
Jennifer Murphy of Mid-Atlantic Environmental Law Center reports
that the victory against the Alpine Rose motor sports track will
stand. Last fall the Environmental Hearing Board revoked the stormwater
permit that DEP had granted to Alpine Rose, siding with environmentalists
against the permit as allowing unacceptable and avoidable pollution
of Aquashicola Creek. DEP filed a motion to quash Alpine Rose’s
appeals of that decision.
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