There is no doubt that the Manual needs to be edited and updated.  For example, new technical information relating to BMPs has emerged which can and should be integrated.  At the same time, the line between “technical” and “policy” is a slippery one.   Sub-groups have been formed assigned to control Guidelines (i.e., stormwater standards) as well as methodologies.  Though issues surrounding both of these vital topics are hugely technical, they ultimately also are very policy oriented.  One could even argue that design specifications relating to how to build infiltration BMPs are policy oriented as well.

Understanding this somewhat “murky” separation between technical and policy, state environmental groups such as the Pennsylvania Campaign for Clean Water have contacted PADEP and are requesting that  the Revision Committee be expanded (see their letter below) in order to guarantee that important issues of water quality, hydrology, habitat, landscape ecology, and other aspects of environmental planning be fully represented and balanced in this Manual revision process (similar to the Oversight Committee which oversaw development of the existing Manual).  We will try to keep you informed as this process unfolds…

September 14, 2009

John Hines
Deputy Secretary
PA DEP
Rachel Carson Office Building
Harrisburg PA 17105

Dear John:

We recently learned about a series of meetings being convened by Domenic Rocco of the Southeast Regional Office to consider possible changes to the Stormwater BMP Manual.  We are very concerned that the group invited to these meetings includes few if any environmental stakeholders, and is overly representative of the interests of the regulated community–developers and the engineers that work and advocate for them.

As you know, the development of the BMP Manual was a rigorous process that included an Oversight Committee with broad stakeholder involvement and several public hearings to solicit public input.  The product of that effort was a technically sound guidance manual for reducing the generation of and properly managing post-construction stormwater runoff in Pennsylvania.  While we agree that the Manual should not be a static document and should be revised over time to reflect advances in the state of the art, any changes should be made in a very transparent way, with full involvement by a broad range of stakeholders, including the environmental and conservation communities. We believe the current process falls far short of this standard.

We encourage the Department to clarify the purpose of the meetings convened by Mr. Rocco.  If this is indeed the start of a process to revise the Manual, particularly the control guidances, we strongly encourage the Department to broaden the participants in the group, in particular adding representatives of the environmental and conservation communities, along with other interested groups including Conservation Districts and municipal officials.  In addition, the Department should clarify its plans regarding public participation in the Manual review process and the goals for such a process.

We look forward to hearing from you regarding our concerns at your earliest convenience.

Sincerely,

Bob Wendelgass
PA Campaign for Clean Water
1315 Walnut Street, Suite 1650
Philadelphia PA 19107

admin BMP Manual Revision, From the Editors BMPs, hydrology, PA BMP Manual, PA DEP, planning, stormwater best management practices, stormwater legislation, stormwater policy, stormwater standards, water quality

More changes Afoot!

Although Chapter 102 regs have always had relevance to stormwater management in Pennsylvania, these proposed changes bring 102 regs into the core of Pennsylvania’s stormwater management program.  They include new elements which have been discussed heatedly in recent months, including the Permit-By-Rule (PBR) option and required stream buffers.  Follow this link to get the complete package, including what is proposed, with some PADEP commentary.

The pro-environment Pennsylvania Campaign for Clean Water (CCW) urges citizens and interested groups concerned about clean water to sign up and provide testimony at the public hearings hosted by DEP, starting this week.

From the PA Bulletin:

Public Meetings and Public Hearings

The Board will hold three public meetings to explain the proposed rulemaking and to respond to questions from meeting participants. In addition to the public meetings, the Board will hold three public hearings for the purpose of accepting comments on the proposed rulemaking. The public meetings and hearings will be held as follows:

September 29, 2009	Cranberry Township Municipal Building 2525 Rochester Road Cranberry Township, PA    16066-6499 Public Meeting: 4 p.m. Public Hearing: 5 p.m.
October 1, 2009	Department of Environmental Protection Southcentral Regional Office Susquehanna Room A 909 Elmerton Avenue Harrisburg, PA 17110 Public Meeting: 4 p.m. Public Hearing: 5 p.m.
October 5, 2009	Salisbury Township Municipal Building 2900 South Pike Avenue Allentown, PA 18103 Public Meeting: 4 p.m. Public Hearing: 5 p.m.

Persons wishing to present testimony at a hearing are requested to contact the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf at each hearing.

Persons in need of accommodations as provided for in the Americans With Disabilities Act of 1990 should contact the Board at (717) 787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Board may accommodate their needs.

The CCW has assembled a summary package that provides background information as well as commentary on what is being proposed and will be developing more detailed recommendations in coming weeks.

Get the Proposed Ch 102 Regs here.

Get CCW Talking Points here.

We will all be living with the consequences of these changes for many years…

We’d love to hear from you in terms of pros and cons — and what you think needs further work.

admin Chapter 102 Regs, From the Editors Chapter 102, clean water, erosion and sediment control, PA Campaign for Clean Water, Permit by rule, public comment, stormwater legislation, stream buffers, water quality

This summer, PADEP decided to undertake a process (without consultants) to revise the current Pennsylvania BMP Manual (December 2006).   PADEP (Domenic Rocco SE Region, Denny Stum, Ken Murin) invited a group of professionals (largely, but not entirely professional engineers involved in stormwater management projects) to an initial Revision Committee in Harrisburg on September 9, 2009 to organize the process and make assignments.

Excerpts of information distributed by PADEP at that meeting appear below, providing a sense of what is happening and how it is being structured.  Sub-Groups (9 of them, listed below) have been formed and will be key to recommendations for Manual revisions.

Revision Committee Objective

This committee has been formed to review and evaluate the current Stormwater BMP Manual (2006) and to make written recommendations to DEP for updating the manual.   Much has been learned since the release of the manual and it is a goal to capture as many stormwater situations as possible. However, it is also understood that it is not practical to capture all situations. These recommended updates may include edits to existing portions, complete omissions, or additions of new material.  All changes much be justified through acceptable principles of engineering or science.  If unable, to do so, subgroups may bring new ideas before the bigger committee for consideration and feedback.

After the committee has completed making its recommendations, the Department will be responsible for assimilating all the recommendations and making final revisions.

It is understood that the BMP Manual is a living document and will need periodic updates to reflect advances in technology and adaptations in practice.  Therefore, ideas are also being sought on how to keep up with these changes in a practical manner. Committee members are urged to think about how each subject/issue can be dealt with on a statewide basis and to identify and set aside roadblocks that may need attention at a localized or regional level.

Scheduling and Timing

It is anticipated that recommendations from the committee to DEP will take approximately 12 months to complete.  Timing for DEP to finalize updates, based on SMRC recommendations, is dependent on the nature and extent of the changes proposed. At the kickoff meeting, the committee will collectively decide on a time schedule for meetings and locations, but it is expected that the committee will meet quarterly.   At the 3^rd meeting (6 months into the process), the committee and subgroups will make a self-assessment to see how far along they are and to predict whether they can meet the proposed time schedule.  Problem areas will be identified along with a plan of attack. The default location for committee meetings will be in the Harrisburg area, but may alternate with the Southeast Region.

Subgroups should meet monthly in-between committee meeting or, more often, as needed.   Location will be up to the subgroup members.  Teleconferencing may be an option during subgroup meetings, particularly for those traveling from long distances.  Teleconferencing for the overall committee is impractical. Committee members will be split into subgroups during the kick-off meeting on Sept. 9, 2009 according to their area of expertise and needs of the committee.  If any committee member has a problem with their assignment, they can discuss with either Domenic Rocco or Dennis Stum.

Sub-Group Guidelines

Each subgroup should be made up of at least 6 members. The first task for the subgroup is to select a team leader and note-taker and a backup person for each.  All team members will share contact information including email and telephone numbers.   This information will be made available to all committee members. DEP will be attempting to find a central location (web site, blog, ftp, etc.) where information can be posted by subgroups and shared between committee members.   Ideas on accomplishing this task are welcomed - since it is unknown whether DEP has the ability to do this for non DEP-employees.

SUBGROUPS

A. Subgroup Topic:  Alternate Control  Guidelines

B.  Subgroup Topic:  Current and Alternate Computation Methodologies (may combine with A)

C. Subgroup Topic:  Vegetated Systems and Green Infrastructure

D. Subgroup Topic:  Capture and Reuse (may combine with “C”)

E. Subgroup Topic: Water Quality

F. Subgroup Topic:  Infiltration

G. Subgroup Topic:  Redevelopment and Contaminated Sites

H. Subgroup Topic:  Highways and other linear projects

I.  Subgroup Topic:  Inspection, Operation, Maintenance and Monitoring of BMPs

Tomorrow, we’ll share some thoughts on the process, along with some of the reactions it has already drawn…

admin BMP Manual Revision, From the Editors BMPs, green infrastructure, infiltration, PA BMP Manual, PA DEP, stormwater best management practices, stormwater legislation, water quality