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November 2007
Prepared by Thomas
Au, Barbara Benson,
and Robin Mann.
This is the fourth 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 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. 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 has yet to publish the model ordinance in
final form. This model ordinance is needed by municipalities to
implement the best practices manual. For more information, contact
Thomas Au or Barbara
Benson.
Revisions to Erosion Control and Wetland and Stream Encroachment
Regulations
In the coming year, DEP 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
the 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 and the
Chapter 102 revision process. In particular, environmental groups
are requesting wider stream buffers to protect water quality. The
proposed regulations are being reviewed by DEP’s Water Resources
Advisory Committee. 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 have sent a letter to the Governor in support of the Coalition.
For more information, contact Harvey Katz of the CRGRC, 570-433-4681.
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. For
more information, contact Dara
Lovitz. (dlovitz@schutjerbogar.com)
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.
The conference is looking for speakers on topics, including stream
designations, water quality, water quantity, access, climate change,
and conservation easements. The chapter has voted to support this
conference with a $500 contribution. For more information, contact
Thomas Au.
Clean Water Restoration Act
The Clean Water Restoration Act (HR 2421) was introduced to ensure
that the broad coverage of the Clean Water Act is maintained. This
important legislation would settle recent erosion of the Clean Water
Act by reaffirming the scope of the Act, as intended by Congress
when it passed more than 30 years ago. One needed change is a redefinition
of “water of the United States.” Our local groups have
been setting up meetings with local Congressmen to encourage them
to pass the legislation this session. For more information, contact
Barbara Benson.
Mountaintop Removal
The Department of the Interior’s Office of Surface Mining
intends to issue regulations that would perpetuate the coal mining
practices of mountaintop removal and valley fill. The rule is entitled
“Excess Spoil, Coal Mine Waste, and Buffers for Waters of
the United States.” Surface coal mining in Appalachia involves
blasting off the tops of mountains and dumping the rubble into valleys
and streams. According to the NY Times, the new regulations would
allow mine operators to perpetuate the practice, requiring only
that mine operators “minimize the debris.” www.nytimes.com/2007/08/23/us/23coal.html.
The proposal would also alter the stream buffer zone rule, by changing
that rule forbidding mining and waste disposal within 100 feet of
a perennial or intermittent stream. The new rule would provide protection
only from 100 feet from a “water of the United States”
-- a less protective and vague standard. From 1985 to 2001, 724
miles of streams were buried under mining waste, according to the
environmental impact statement accompanying the new rule. If current
practices continue, another 724 stream miles will be buried by 2018,
the report says. The proposed regulations were published in the
Federal Register on August 24, 2007 (72 F.R. 48890). The comment
period ends November 23, 2007. In addition to a sign-on letter,
which will be sent by the Pennsylvania Campaign for Clean Water,
we are preparing public comments which will focus on the effects
in Pennsylvania. For more information, contact Thomas
Au.
Stroud White Paper
The Stroud Water Research Center is working on a white paper which
will examine the role of first order streams in protecting downstream
water quality and biodiversity. It will address the functions of
those streams and the riparian areas that help them perform those
functions. The paper will focus on research performed in Pennsylvania
waters. Sierra Club has funded this project. We will be using the
results in advocacy for greater riparian buffers in the coming year.
For more information, contact Robin
Mann.
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