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.
Pollution Control Funding Program Non-Point Source
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
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 firstname.lastname@example.org
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.
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).
EPA is establishing a federal Total Maximum Daily Load (TMDL) for nutrients and sediment for the
Chesapeake Bay and its tidal tributaries. Under a 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. Virginia
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: