From the Editors…

Stormwater management in Pennsylvania remains a confusing mess for many of us:

EPA developments are racing ahead through National Rulemaking:

• Remarkable new stormwater guidance for federal facilities.
• Possible new nationwide stormwater standards (new construction, etc.)
• Plus TMDLs

EPA’s major new Chesapeake Bay-specific requirements

• To be operationalized by each state’s Watershed Implementation Plans.
• Bay Executive Order requirements
• Plus TMDLs
• Pus MS4’s
• Plus Bay-related court determinations

DEP’s new statewide Chapter 102 regulations

DEP’s own implementation of federal programs:

• TMDL’s
• Phase II MS4’s
• Chesapeake Bay

What about the BMP Manual revision process?

How does the PA Act 167 program fit into all of this?

So much is happening on so many levels.  In general, these efforts are well-intentioned, and some of them may be potentially very insightful and on the mark - significant steps forward.

But figuring out what is going to be required by whom has become something of a nightmare for Pennsylvania municipalities and other stormwater stakeholders. There are times when we’ve asked ourselves if we should turn to Vegas oddsmakers to figure out what’s next…

Early on, we at StormwaterPA vowed to make stormwater management clear (or clearer) and tell folks who needed to do what, when, and where.  Though that promise might have been a bit premature, we’re going to mount a special effort here in coming weeks to at least attempt to chart out who is doing what in terms of regulations and relevant guidance, highlighting both adopted and proposed stormwater developments (at the moment, let’s call it a Road Map to Stormwater Regs).  As we move through the process, following the array of issues listed above, we’ll try to map some of this out in a way that will facilitate understanding, and we’ll provide specific references and links to more detailed information sources.  We’ll start with the basics and expand and add detail as we go along.

A couple of points to be made at the outset:

First, by definition, this Road Map will never be completed.  Changes can be expected to continue (though surely the remarkable amount/rate of change that seems to be occurring will lessen!); the Road Map will require updating continuously.

Second, this effort needs input from you - readers, users, stakeholders.  Let us know when our descriptions fail to match reality.  DEP Central may tell us X; DEP Regional may be doing Y.

Lastly, to the extent that this effort manages to portray stormwater management programs with reasonable accuracy, we would hope that over time program inconsistencies will emerge, will be identified and made clear.  Maybe even program changes and improvements will result. But we’re jumping ahead way too quickly!

Tell us what you think.  And as always thanks for listening.

admin Stormwater Regulations Act 167, Chapter 102 regulations, Chesapeake Bay, Clean Water Act, MS4, NPDES, PA BMP Manual, PA DEP, stormwater legislation, stormwater management, stormwater runoff, stormwater standards, TMDL, US EPA

In case you missed it, the Philadelphia Inquirer recently ran on article on PA DEPs decision to delay the implementation date for the new MS4 Phase II Permit.

Pennsylvania towns get more time to develop storm-water plans
By Sandy Bauers
Inquirer Staff Writer

After months of trying to impose tough new rules for how towns should manage their storm water, Pennsylvania regulators on Tuesday backed off and granted municipalities a nine-month extension for measures some had termed “draconian.”

Towns were to have submitted plans by Sept. 10 detailing how they would comply with new rules to handle the gushers of rain that often flow through culverts directly into streams, carrying with them road oil, fertilizer, trash, and other pollutants.

But anxious local officials pushed back, calling it an unfunded mandate and worse.

The way they read an initial ordinance floated earlier this year, they would be forced to spend millions of dollars sweeping salt off roads after storms, installing storm-sewer retrofits, and even requiring residents to submit storm-water plans for patios.

The state Department of Environmental Protection originally resisted an extension. But in an interview Tuesday (July 27), John Hines, the department’s deputy secretary for water management, said that one would be granted after all. He said he expected a formal announcement by mid-August.

“We have heard their concerns,” Hines said. “But in this extension period, we all have a lot of work to do, and we need to do it together.”

Read the complete article here>>

admin NPDES / MS4, Stormwater Regulations clean water, Clean Water Act, MS4, Nonpoint source pollution, NPDES, PA DEP, stormwater, stormwater best management practices, stormwater legislation, stormwater runoff, US EPA, water quality

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.

admin Chapter 102 Regs, Stormwater Regulations buffers, clean water, Clean Water Act, gas drilling, Marcellus Shale, ordinances, stormwater legislation, stormwater standards, water quality, watershed protection

From the Delaware Riverkeeper Network…

Hamilton Township, Mercer County, NJ —  The Delaware Riverkeeper Network has released a new study that demonstrates lax implementation of NJ stormwater regulations by municipal officials. According to the Delaware Riverkeeper Network’s study (New Jersey Stormwater Management Implementation), New Jersey’s Stormwater Rules are not being properly implemented by local officials nor are they being adequately administered by New Jersey Department of Environmental Protection.

According to our report… failure to properly implement the regulations by the municipalities, and poor oversight by the State DEP, is putting New Jersey communities at risk of increased flooding, erosion and degrading community environments.

–Maya van Rossum, the Delaware Riverkeeper

The Riverkeeper Network’s Report can be found here>>

admin Stormwater Regulations clean water, Clean Water Act, Delaware River Basin, erosion and sediment control, flood control, stormwater legislation, stormwater runoff, US EPA, watershed protection

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>>

admin Chapter 102 Regs, Stormwater Regulations 150 foot stream buffers, buffers, Chapter 102 regulations, Chapter 95, gas drilling, Marcellus Shale, wastewater, wastewater treatment