What's Happening in Pennsylvania's Watersheds

Erosion and Sediment Control Rulemaking

The Department presented the final Chapter 102, Erosion and Sediment Control rulemaking to the Independent Regulatory Review Commission (IRRC) for consideration at their June 17, 2010 meeting, and it was approved. The House and Senate Environmental Standing Committees have requested an additional 14-days to review the package.  If no action is taken by the Committees, the regulation could possibly be ready for publication in the Pa. Bulletin as final by mid-summer. If there are no significant hold ups it is anticipated that the new regulations will be in place starting January 1st, 2011.

PennVEST Non-Point Source Pollution Control Funding Program

Pennsylvania Infrastructure Investment Authority (PENNVEST) will seek input on the new NPS funding program.  The program, which began in March 2010, represents a significant new source of funds (3.5 million) to address Federal Clean Water Act projects by providing loans and grants for a water pollution abatement projects addressing agricultural runoff, urban stormwater and abandoned mine drainage. Five NPS applications were received for the first round of grants.  PENNVEST is looking for input and comments on this program to improve access to funds for NPS projects. Information on the program is available on the PENNVEST website at

http://www.pennvest.state.pa.us/portal/server.pt/community/pennvest_internet/9242 .

A public meeting has been scheduled for July 20 at 1:30 p.m. in the 2nd floor training room , Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA. This meeting is to receive comments regarding the set aside work plan and project ranking. Written comments will be accepted by the Division of Technical and Financial Assistance until July 26, 2010. A copy of the IUP’s and program information can be obtained by the Facilities Regulation home page on the DEP home page web site at www.depweb.state.pa.us. Written comments should be sent to the DEP, Bureau of Water Standards and facility Regulations, Division of Technical and Financial Assistance, 11th Floor, RCSOB, 400 Market street, Harrisburg, PA 17101.

Resource Enhancement and Protection (REAP)

The FY 10-11 REAP tax credit program guidelines and application are now available on the State Conservation Commission website (www.agriculture.state.pa.us) .  Applications which were received last year, and not funded, will be considered prior to the Commission considering new applications for FY 10-11.  Applicants from last year have been notified by the Commission, and have until July 16 to “reactivate” last year’s application.  New applications will be accepted by the Commission beginning August 2, 2010.  Approval decisions on all REAP applications for FY 2010-11 are contingent upon the REAP allocation in the completed FY 10-11 state budget.  Applicants that did receive funding are reminded that all BMPs installed compliant to the contract and Program requirements need to submit paperwork that the BMP meets NRCS standards verified by the appropriate signature. For additional information, contact Mary Bender, State Conservation Commission at 717-787-8821 or mabender@state.pa.us

Post-Construction Stormwater Management

The 102/105/NPDES Post-Construction Stormwater Management Advisory Work Group, consisting of representation from 12 conservation districts, PACD, DEP and the Commission will be working together to improve these programs.  One of there first efforts will be to develop options for  the collection and distribution of fees under the revised Chapter 102 Regulations.  The next meeting of the group is August 6th.

Pennsylvania’s Proposed Chesapeake Bay Agricultural Water Quality Initiative 

The Department is in the process of developing a “Pennsylvania Proposed Chesapeake Bay Agricultural Water Quality Initiative.  A draft document has been provided to both the DEP Work Group for the Chesapeake Bay Agricultural Watershed Improvement Plan (AG WIP) and to the DEP Agricultural Advisory Board (AAB) with a request for comments on the proposed draft.  To see a copy of the draft, do to the AAB website at http://www.dep.state.pa.us (select Public Participation, then select Advisory Committees).

Chesapeake Bay Total Maximum Daily Load (TMDL)

EPA is establishing a federal Total Maximum Daily Load (TMDL) for nutrients and sediment for the Chesapeake Bay and its tidal tributaries.  Under a Virginia consent decree, the Chesapeake Bay TMDL must be established no later than May 1, 2011.  EPA has committed to completing the TMDL by December 2010.

Although EPA is developing the TMDL, states are preparing Watershed Implementation Plans (WIPs).  The WIP concept is similar to the basic idea behind the Tributary Strategies that were developed in the past, but important differences exist.  For example, EPA has issued detailed guidance on what they expect the WIPs to look like, and are asking that the WIPs contain mechanisms such as regulations or funding programs that will help obtain the goals of the plan.  EPA is expecting the states to submit draft WIPs late this summer, around August 23rd.  Public meetings will be held in the fall, tentatively the week of October 17th.

PA will build its WIP on a 3-prong approach that has already shown success:  1) Milestone Implementation & Tracking; 2) Technology and Nutrient Trading; and 3) Compliance.  Because the document will cover a number of topics, DEP will work with the the Chesapeake Bay Advisory Committee (CBAC), and has convened a Chesapeake Watershed Implementation Plan Management Team to help guide PA WIP development.  The structure for the Team is similar to the 2006 Chesapeake Bay Tributary Strategy Steering Committee.  Members include representatives of agriculture, wastewater, development, municipalities, and environmental organizations.  Three workgroupos have also been established:  Wastewater Workgroup; Urban/Suburban/Rural Workgroup; and an Agriculture Workgroup.

Two helpful websites, for more information:

http://www.epa.gov/reg3wapd/tmdl/ChesapeakeBay/index.html .

http://www.portal.state.pa.us/portal/server.pt/community/chesapeake_bay_program/10513

Chesapeake Bay Gets “C” on Latest Annual Report Card

The health of the Chesapeake Bay improved last year to its highest level since 2002, according to the latest annual report card released by the University of Maryland Center for Environmental Science (UMCES), which gave the Bay a health grade of C.

The 2009 report card notes improved conditions in eight regions of the Bay and continued degraded conditions in two regions. Grades for 14 individual regions were averaged together for an overall Bay health grade of C.

The highest-ranked region for the third year in a row was a B-minus on the upper western shore of Maryland, which includes the Bush and Gunpowder rivers. The Upper Bay Region which includes the Susquehanna River received a C+. The lowest-ranked region was the Patapsco and Back rivers, which received an F.

Scientists attribute the health improvements to last year’s unique regional rainfall patterns, continued efforts to reduce nutrient pollution, and the gradual rebound in Bay health since historically poor conditions observed in 2003.

“Despite the record high rainfall in parts of Maryland and Virginia, the mainstem of the Chesapeake Bay improved last year,” said UMCES researcher and project leader Dr. William Dennison. “Normally, more precipitation means poorer Bay health. But last year, the Bay benefited from below average rainfall throughout Pennsylvania which appears to have reduced the amount of pollutants reaching the open waters of the mainstem Bay.”

In 2009, SRBC announced findings from four separate river monitoring programs providing biological and water quality data used to assess streams and rivers and identify changes in stream health over time. For water quality conditions, only 6.9 percent of the values exceeded their respective limits, indicating fairly good water quality in the Susquehanna River. In PA-MD streams, nutrients continue to be the biggest concern.

Over the report card's 24-year history, Bay health was rated at its highest in 1993 with a score of 57, and it lowest in 2003 with a score of 35. The 2009 rating of 46 falls in the top 25 percentile.

An encouraging sign in the Bay’s health has been an improvement in water clarity over the past two to three years. There was a 12 percent increase in water clarity in 2009. The most dramatic improvements were in the middle regions of the Bay, including the Bay’s mainstem and the Choptank, Potomac and Rappahannock rivers. However, the reporting regions with chronically poor water clarity – the Patapsco and Back rivers, Maryland’s lower western shore, and the York and Elizabeth rivers – still had muddy, turbid water.

The Chesapeake Bay Report Card is an annual analysis conducted through the EcoCheck partnership between UMCES and the NOAA Chesapeake Bay Office using data collected by Bay Program partners.

For more information about the 2009 Chesapeake Bay Report Card, including maps, charts and data, visit the Chesapeake Eco-Check website www.eco-check.org/reportcard/chesapeake/2009/.