June 22, 2010

By votes of 4-1, the Independent Regulatory Review Commission (IRRC) passed two key new regulations that will strengthen protections on water resources and on drinking water and watersheds from natural gas drilling pollution as well as other new development projects. These new rules fall under Title 25, in the PA code, Chapter 95, Wastewater Treatment Requirements, and Chapter 102, Erosion and Sedimentation Control. The IRRC is the last step in regulatory review process and is made up of five individuals - four from each of the Assembly’s caucuses (Democrat and Republican in both the Senate and House), as well as an appointee from the Governor.  Its mission is to ensure new regulations are consistent with public interest and legislative intent.

Changes to Chapter 102 state regulations approved by the IRRC will require some developers to maintain or create a 150-foot natural vegetative buffer beside Pennsylvania’s best rivers and streams. These rules affect so-called E&S permitting or Erosion and Sedimentation Control measures implemented with construction projects to reduce impact on streams and rivers. Streams in the top 20% statewide for water quality will be subject to the increased protections.

Streamside buffers are widely considered to be the best and most effective long-term solution for protection water quality. Buffers help filter water, reduce the impacts of flooding, shade and reduce water temperatures creating better habitat for fish and aquatic species. Clean Water Action says that over 200 municipalities require buffers with 63 requiring at least 100 foot buffers.

The new drilling rules (Chapter 95) require treatment of highly saline wastewater so as to meet drinking water standards if they want to dispose of it in Pennsylvania’s waterways.  Natural gas drilling in the Marcellus Shale of Pennsylvania has become greatly scrutinized due to the immense quantities of water used in the process, the chemical additives employed, and the manner of treatment.  Between 2 and 9 million gallons are used to “frack” each well in order to release the natural gas deposits.  That water is injected with a coctail of chemicals and salts. Some water flows back up and is collected in storage ponds for re-use or treatment.

These rules affect the manner in which the water is treated and disposed of into Pennsylvania’s more than 85,000 miles of streams.  The possibility of an impact fee on corporate drilling revenues remains unclear and while supported by the Governor is mired in budget debates and discussion over how to spend the expected hundreds of millions in revenues.

Altogether over 8,000 comments were received by the state from the public, with over 90% in support of the proposed water protection rules. Some 100 organizations supported the new rules, along with several major water suppliers in the state; 50 state legislators wrote in support.

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Date: June 17, 2010

From: Brady Russell, Clean Water Action

Campaign for Clean Water Members:

Great news! Today, with 54 legislators weighing in, thousands of citizen comments and lots of support from the groups in this campaign, we passed both revisions to Chapter 102, which will give us 150 foot stream buffers, and revisions to Chapter 95, which will give us a higher standard for natural gas drillers wastewater.

Both rules passed by IRRC votes of 4-1.

It’s a great day for this campaign. Everyone worked really hard on these measures and this is a big victory. Please spread the word to media and legislators and your members today!

The General Assembly still has to review the revisions, but they are unlikely to take action. Provided they don’t, we’ve got these rules in place!

Best,

Brady Russell, Clean Water Action

See the press release from Penn Future for more details>>

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A Letter from Bob Wendelgass, PA Campaign for Clean Water

For the past several years, you have supported the PA Campaign for Clean Water’s effort to get at least 100 foot buffers required on all streams in Pennsylvania. We now have an opportunity to get 150 foot buffers required on all Exceptional Value and High Quality streams in our state. But we need your help to make sure this proposal is adopted.

DEP has proposed that 150 foot riparian buffers be required for new development on all EV (exceptional value) and HQ (high quality) streams as part of its changes to Chapter 102, the regulations dealing with stormwater and erosion and sediment control. 150 foot forested buffers would be required for any EV and JQ streams that are not currently meeting water quality standards. While we would prefer larger buffers and a requirement of buffers on all streams, what DEP is proposing is an important first step and we need to make sure it is approved.

The proposed changes still need to be approved by the Independent Regulatory Review Commission (IRRC) at its meeting on June 17. We are planning to send the IRRC a letter supporting DEP’s buffer proposal before their meeting to demonstrate strong support among the environmental and conservation communities. We expect that the builders will continue to oppose any buffers rule and will be lobbying the IRRC to reject DEP’s proposal. We will need strong support by conservation and watershed groups to overcome their opposition.

Requiring 150 foot buffers on our EV and HQ streams is an important step forward that will help reduce pollution, flood damage and streambank erosion. It will help reduce costs for stormwater management and drinking water treatment, and will increase the value of nearby properties. It will also help protect our multi-billion dollar tourism and fishing industries by protecting some of the best streams in our state. Finally, it will also be an important precedent, demonstrating that a buffer requirement is workable and benefits our streams and our communities. So, please help us get this important change adopted by signing onto the attached letter.

If you’d like to do more, feel free to also send your own comment directly to the IRRC. Comments may be emailed to irrc@irrc.state.pa.us, re Docket #2783, the Chapter 102 Regulations. They must be received before June 15 in order to be considered by the Commission.

If you have any questions, please feel free to email me at bwendelgass@cleanwater.org. Thanks again for all your support of our efforts in support of buffers on our state’s streams. Together we can take this important first step, protecting our state’s best streams, our environment and our economy!

Bob Wendelgass
PA Campaign for Clean Water

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On May 17, PADEP and the Environmental Quality Board proposed new regulations that would require 150 foot buffers for new development on High Quality and Exceptional Value streams in Pennsylvania…and that would require wastewater from Marcellus Shale natural gas wells to be treated before being discharged into streams.

The new regulations in Chapter 102 would require that developers preserve a buffer zone of 150 feet along all Exceptional Value (EV) and High Quality (HQ) streams.   In addition, developers would be required to create or preserve a 150 foot forested buffer along EV or HQ streams where water quality does not meet current standards.  Changes to regulations in PADEP’s Chapter 95 would require that wastewater from Marcellus Shale wells be treated before being discharged into our streams.   These wells produce millions of gallons of water, 6 times saltier than the ocean.  Because many Pennsylvania fish species cannot survive with this much salt, these new rules, among the strictest in the nation, would make sure that freshwater streams are protected.

Both sets of regulations still need to be approved by the state Independent Regulatory Review Commission (IRRC) at its meeting on June 17.

The Pennsylvania Campaign for Clean Water urges residents and other stakeholders to write or email IRRC, urging them to approve PADEP’S proposed Chapter 102 regulations (IRRC Docket #2783) AND Chapter 95 Regulations (IRRC Docket #2806).

Comments may be emailed, mailed or faxed.   Emailed comments should be addressed to irrc@irrc.state.pa.us.   Mail to IRRC, 333 Market Street, 14th Floor, Harrisburg, PA 17101; or faxed to (717) 783-2664.

More Information from the Campaign for Clean Water >>

Check out our Riparian Buffer case study for a look inside a buffer in Montgomery County, PA:

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PADEP has completed its preparation of the final regulations concerning Erosion and Sediment Control and Stormwater Management and has submitted the rulemaking to the Environmental Quality Board for consideration at its May 19, 2010 meeting.

You can find the rulemaking package on DEPs Website here.

Included is a comment/response document, which offers PADEP responses to comments received during the public comment period.

For a hard copy of this rulemaking package or for any other questions/requests regarding this or other rulemaking, contact Michele Tate, Regulatory Coordinator at mtate@state.pa.us or by phone at 717-783-8727.

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