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January 2008
Prepared by Thomas
Au and Barbara
Benson.
This is a periodic newsletter 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
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.
DEP Triennal Water Quality Review
At the October 16, 2007 Environmental Quality Board meeting, the
Board approved publication of proposed regulations to revise the
water quality standards. Section 303(c)(1) of the Clean Water Act
requires that states periodically, but at least once every 3 years,
review and revise as necessary their water quality standards. The
water quality standards consist of the designated uses of the surface
waters of this Commonwealth, along with the specific numerical and
narrative criteria necessary to achieve and maintain those uses
and an antidegradation policy. Water quality standards are in-stream
water quality goals that are implemented by imposing specific regulatory
requirements, such as treatment requirements and effluent limitations,
on individual sources of pollution.
A detailed discussion of the proposed changes is included in the
preamble. Among other items, the policy statement of Water Quality
Toxics Management Strategy will be incorporated into the Chapter
93 regulations.
DEP purports to make corrective changes to stream designations.
For example, “Further corrective action is necessary because
all of the UNTs [unnamed tributaries] to the Schuylkill River on
the Montgomery County shore should not be HQ-TSF, but rather should
be WWF.”
A public comment period of 45 days and one public hearing to be
held in Harrisburg are recommended for the proposed regulation.
The proposed regulation will be published in the Pa. Bulletin shortly.
It can be found on the DEP website (Public Participation Center,
click Environmental Quality Board, click 2007, click Meeting Agendas).
Redesignation of Swiftwater Creek Basin to EV
The Environmental Quality Board accepted the petition by the Brodhead
Protective Association to redesignate portions of Swiftwater Creek
and Indian Run Creek in Monroe County from High Quality to Exceptional
Value. This stream is subject to development pressures. A proposed
redesignation will require municipalities in the basin to take additional
steps to control stormwater runoff from development. The Monroe
County Planning Commission has supported this redesignation. DEP
will review the water quality data and report to the Environmental
Quality Board its recommended action. For more information, contact
Thomas Au or Barbara
Benson.
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 the Coalition.
DEP is reviewing the developer’s permit application. For more
information, contact Harvey Katz of the CRGRC, 570-433-4681.
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.
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 topics
include stream designations, water quality, water quantity, access,
climate change, and conservation easements. The chapter has voted
to support this conference.
For more information, contact Thomas
Au.
Headwaters Protection Workshop
The water issues committee is planning to hold at least two workshops
this year to educate citizens on the value of headwaters protection,
the current regulations on protecting headwaters and what citizens
can do to protect these watersheds. The first is planned for the
Lehigh Valley in April. For more information, contact Barbara
Benson and 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.” Sierra Club local groups
have been setting up meetings with local Congressmen to encourage
them to pass the legislation this session. We intend to continue
to educate Pennsylvania Congressmen on the importance of this legislation
and the need to pass it in 2008. For more information, contact Robin
Mann and Barbara
Benson.
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