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July 2007
Prepared by Thomas
Au, Barbara Benson,
and Robin Mann.
This is the third in a series of periodic newsletters to keep Sierra
Club members and leaders informed. We encourage you to circulate
the newsletter as you deem appropriate. If you did not receive this
newsletter and would like to receive future issues, please send
a message to BarbaraBenson,
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 BarbaraBenson
asking to be removed from the distribution list. We welcome your
comments and input.
Stormwater Best Practices Implementation
The DEP Stormwater Best Practices Manual was released in final form
on Dec. 30, 2006. DEP announced and has presented at workshops the
Model Stormwater Management Ordinance for municipalities. DEP has
yet to publish this important document in final form. This model
ordinance is needed by municipalities to implement the best practices
manual. We also hope to include some enforcement provisions for
stormwater controls in the Chapter 105 regulations that DEP is considering
for, as discussed below. For more information, contact Thomas
Au or Barbara
Benson.
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). DEP expects
revision process to take two years. Sierra Club and other Pa Campaign
for Clean Water members have sent a letter to DEP stating the changes
that they would like to see in the Chapter 105 revision. The Pa
Campaign for Clean Water Action requested other environmental organizations
to sign on to the 105 letter. We have been working on another letter
to be sent to DEP, setting forth the specific changes they would
like to see in Chapter 102. The Campaign for Clean Water has started
to circulate this letter, requesting environmental groups to sign
on.
DEP plans to convene an ad hoc workgroup to develop the regulations.
We are seeking broader representation on that workgroup. One of
the more contentious issues will concern the size of vegetated buffer
zones near streams. The environmental community believes that a
wide buffer zone is supported by the scientific literature and will
be advocating for as wide an area as possible. For more information,
contact Thomas Au or Barbara
Benson.
Montour Crossings Development
We have been asked by the Coalition for Responsible Growth and Resource
Conservation, a community group in Lycoming County, to take a position
on development of the Montour Crossings project in Lycoming County.
This retail mall project would be in a floodplain of Loyalsock Creek,
near its entry to the West Branch of the Susquehanna River.. The
developer proposes to fill a 47 acre area of the floodplain to bring
it above flood elevation and leave a large pit in the floodplain.
We are looking into the problems of building in this floodplain.
For more information, contact Harvey Katz of the CRGRC, 570-433-4681.
General Permit for Erosion and Sedimentation Control for
Oil and Gas Activities
DEP announced its intention to issue general permits for earth disturbance
associated with oil and gas exploration, production, processing
or treatment operations or transmission facilities. We reviewed
the supporting documentation and did not comment on the proposal.
The Federal Energy Policy Act of 2005 eliminated the requirement
that operators obtain a federal Clean Water Act (NDPES) permit for
these activities, but allowed the states to impose their own requirements
under state law. DEP proposed to regulate the earthmoving activities
under a general permit under the Clean Streams Law. While this is
not an ideal solution, it fills the gap in the federal law. For
more information, contact Thomas
Au.
Reliant Energy
In February, 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. On April 10, 2007, Penn Environment filed a federal
lawsuit under the Clean Water Act against Reliant Energy. The Chapter
joined in this lawsuit a week later. DEP and Reliant sought to preclude
the federal court action by filing a lawsuit in state court. Both
lawsuits have been put on hold while the parties negotiate. PennEnvironment
representatives have met with Reliant Energy to discuss control
of these pollutants. The Chapter has formed a litigation committee
to monitor developments. For more information, contact Dara
Lovitz.
REAP legislation
Sierra Club as been asked to support the Resource Enhancement and
Protection (REAP) tax credit bill. The bill provides for transferable
tax credits for undertaking certain pollution reduction or prevention
projects. The Chesapeake Bay Foundation has been a supporter of
this bill. Among our concerns: the bill does not provide the State
Conservation Commission staff to administer this program, does not
give priority to projects with the most potential for pollution
reduction, and does not ensure that projects will be permanently
maintained. We have offered amendments to the bill. For more information,
contact Thomas Au.
Cold Water Heritage Partnership’s 2008 Keystone Cold
Water Conference
The Pennsylvania Chapter of Trout Unlimited is holding another coldwater
conference in February 2008 in State College. The conference focuses
on educating the public about how to protect headwater streams.
Topics covered include stream designations, water quality, water
quantity, access, and conservation easements. Along with other environmental
groups, Sierra Club has been asked to contribute some money to this
conference.
Stream Sampling Methodology
DEP published new methodology for stream sampling and new benchmarks
for determining whether streams are impaired in June. The Campaign
for Clean Water has retained Dr. John Jackson, a scientist at the
Stroud Water Research Center, to analyze these documents and help
develop comments for Campaign members’ use. These new methodologies
and benchmarks will replace existing protocols and will determine
what degree of stream degradation is allowed. For more information,
contact BarbaraBenson.
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