Legislative Update - November 2006

• November 30, 2006
  
• November 22, 2006
  
• November 9, 2006

November 30, 2006

Stormwater Permitting and December Legislative Activity: Host a Holiday Reception

Stormwater Permitting

PACD Stormwater Management Comments Submitted to DEP (PDF)

Legislative Activity: Host a Holiday Reception

As I predicted, the last days of the legislative session were filled with good-byes and good lucks! Not much legislative activity took place. Now everyone has gone home to celebrate the holidays. The final count in the House of Representatives is 102 to 101, with the Democrats taking majority control. It will be an interesting spring with all those new faces and names.

Press release (Word) thanking the General Assembly for the number of bills passed and other events that were held assisting conservation districts over the 2 year legislative session.

The December Legislative Activity calls for a small, friendly social event just for fun, but keeping that personal relationship going. Be sure to invite all newly elected leaders who will begin officially in January. This event will serve as a “getting to know you” opportunity for new legislators and a thank you to those legislators who have supported the district throughout the year. It will also be an opportunity for districts to honor their “Legislator of the Year.”

SUGGESTED DISTRICT ACTION: Welcome to the office event – Holiday reception

An easy to plan reception that entails a few refreshments will be all that you need to thank legislators for their help throughout the year. You can honor your Legislator of the Year at the reception. Please make sure that all Legislator of the Year applications are sent to the PACD office this month.

For the reception, plan on sending out invitations at least two weeks prior to the event. The invitation can simply be a letter asking legislators, county commissions, and other partners to join you for some holiday cheer. I would hold the event for about two hours in the afternoon. Light snacks like cookies and punch should be available. If you have chosen a Legislator of the Year, make sure that person knows he/she has been chosen and personally ask them to attend the event. Make a formal presentation to the honored guest and make sure to take pictures. Have a press release ready to distribute and send the legislator a copy of the picture for their newsletter.

Please consider providing a welcome packet for all legislators in your county. Those that attend your open house can take a copy with them, and you can send others a copy. Packets should include:

Names, addresses, phone numbers of district staff and board members


Any brochure you have explaining your district activities


A one page fact sheet on recent accomplishments by your district, and next year’s goals


The attached press release


Any recent newsletters your district has distributed


Other materials that you want to add

Sample press release (Word) you can send to local press concerning this event.

Good luck to everyone!!!

November 22, 2006

Final Report of the Pennsylvania Transportation and Funding Commission

The final report of the Pennsylvania Transportation and Funding Commission can be found at ftp://ftp.dot.state.pa.us/public/pdf/TFRCFinalReport.pdf. Most of the report concerns mass transit and state infrastructure. However, in Chapter 7 on Page 98 there are two paragraphs on Local Government-Owned Highways and Bridges. They are copied below:

Local Government-Owned Highways and Bridges

“Although the Commission's charter directed review and funding consideration for state owned highways and bridges, the Commission received testimony confirming that counties and municipalities are facing the same funding crisis for their roadways and bridges, and believes that the transportation funding package should include a funding component for local roadways and bridges.”

“Specifically, the Commission recommends that an additional $65 million be provided annually for local-owned highways and bridges. This represents nearly a 20 percent increase over the state funds provided today through the Motor License Fund. If the Oil Company Franchise Tax were to be used for this source of funds, an increase of an additional 1 cent would be required.”

Though the Dirt and Gravel Road Maintenance Program is not mentioned specifically, this is likely the place for the funding. If you have the ear of your local legislator or his/her staff now is the time to trumpet the Dirt and Gravel Road Maintenance Program at the local level.

November 9, 2006

Stormwater Management Plan Reviews

As many of you know, PACD sponsored a meeting held on 10/27/06 with all interested districts and DEP concerning DEP's 4 initiatives for Improving NPDES Permitting and Post-Construction Stormwater Management Plan Reviews. This document was posted in the PA Bulletin on November 4, 2006 at http://www.pabulletin.com/secure/data/vol36/36-44/2160.html. The meeting was extremely well attended and many great suggestions were made to improve the review process. In fact, since the meeting DEP has already made a significant change regarding time spent by conservation district and DEP staff on reviewing/processing administratively incomplete permit applications. Typically, staff tries to work with the applicant/consultant to get those additional items submitted, either by phone or lengthy written correspondence, which can take a considerable amount of time. There seemed to be general support to implement DEP's existing policy of returning the application if it is administratively incomplete.

DEP has developed a draft "Notice" for your review for the DEP regional offices and conservation districts to hand out to the regulated community, and/or post in a public area where it can be seen. (See notice below) You should note in the body of the Notice that a website location has been referenced to access information on permitting administrative guidance, forms, technical guidance manuals, and training calendar of events. This website is under development and will be similar to the Conservation District "Niche." DEP wants to ensure that it is easy for the regulated community to access and retrieve information. The Notice also states that the district/DEP will retain the permit administrative processing fee when the application needs to be returned, and that a new administrative processing fee must accompany the permit application resubmittal.

DEP would like this Notice to be available to the regulated community by January 1. Please send Barb Beshore (bbeshore@state.pa.us) me your comments and recommendations by no later than December 1. Please share this information with your staff.

DRAFT

Important Notice To Applicants and Plan Preparers Submitting NPDES Permit Applications for Stormwater Discharges Associated With Construction Activities

1/1/2007

Dear Applicant:

The Department of Environmental Protection (DEP) and the county conservation districts (CDs) have always strived to develop and maintain positive working relationships with, and provide assistance to, applicants applying for National Pollutant Discharge Elimination System (NPDES) and Erosion and Sediment Control (E & S) Permits. While DEP policy directs DEP and the CDs to return applications that are deemed "administratively incomplete" to applicants, this has typically not happened in the past. A consequence of not implementing the return policy for deficient applications is that the processing of all applications, including those of good quality, has been delayed. A growing number of applications in the stormwater permitting program, which includes post-construction stormwater management (PCSM) plan reviews, has made it necessary for DEP to fully implement the return policy. Delegated CDs are expected to implement this policy as well.

Applicants and consultants can find information on assembling quality, complete permit applications on DEP's website at: www.depweb.state.pa.us
under "Stormwater Permitting (E & S and NPDES) Application Niche".
This "Niche" will contain information such as: permit application forms and instructions, application completeness checklists, technical program manuals (i.e., Erosion and Sediment Control Program Manual and Stormwater BMP Manual), and a calendar of training events for the regulated community.

DEP, in partnership with the CDs, offers periodic permit application and technical plan preparation training sessions throughout the Commonwealth. Information on those trainings can be obtained from your local conservation district, or thru the website referenced above. In addition, DEP and CDs partner with professional organizations to provide training services. These trainings are designed to assist the plan preparer in submitting a quality
E & S and PCSM plan which will result in less time spent on plan resubmissions, and ultimately, faster permit issuance.

If the permit application is administratively incomplete, the DEP or CDs, whomever is the processing entity, will retain the administrative processing fee, and a new administrative filing fee will need to be submitted upon application resubmittal.

DEP and the CDs remain committed to processing your complete applications and issuing the E & S and NPDES Permits as quickly as possible. If you
have any questions, please contact this office.

Additionally the following policy statement was released.

EROSION AND SEDIMENT CONTROL AND STORMWATER MANAGEMENT
for OIL AND GAS EXPLORATION, PRODUCTION, PROCESSING,
TREATMENT OPERATIONS or TRANSMISSION FACILITIES

BACKGROUND

"Erosion and Sediment Control Plans" and implementation of best management practices (BMPs) have been required of oil and gas operators since 1972. The purpose of the plans and BMPs are to minimize the potential for erosion and sedimentation and protect the waters of the Commonwealth. This has been a long standing practice under the Pennsylvania's Clean Streams Law, 25 Pa. Code Chapter 102, "Erosion and Sediment Control," the Oil and Gas Act, 25 Pa. Code Chapter 78, "Oil and Gas Wells," and is one of the core elements of the Department's program for regulating oil and gas activities. The Department's first Erosion and Sediment Control Manual for earth disturbance at oil and gas wells was published in 1981. It is now incorporated into the Department's "Oil and Gas Operators Manual."

In 1990 EPA promulgated the National Pollutant Discharge Elimination System (NPDES) Phase I Stormwater rule. This rule established permit requirements for certain stormwater discharges, including stormwater discharges associated with construction activities that disturb five acres or greater or that disturb less than five acres when part of a larger common plan of development or sale that disturbs five acres or more. Pennsylvania responded in kind and required NPDES permits for construction activities when they triggered the permit threshold. Earth disturbance activities at oil and gas wells were included.

On January 1, 2000, 25 Pa. Code Chapter 102 was revised to incorporate a requirement to obtain a NPDES Permit for Stormwater Discharges Associated with Construction Activities. On March 17, 2001 the Department issued the "Policy for NPDES Permits for Stormwater Discharges Associated with Construction Activities at Oil and Gas Wells" (Document 550-2100-008). This document sets forth the Department's policy for determining when earth disturbances at oil and gas wells trigger the permit requirement. The policy was updated and reissued on July 26, 2003.

On August 8, 2005, the President signed into law the Energy Policy Act of 2005. Section 323 of the Energy Policy Act of 2005 added a new paragraph (24) to section 502 of the Clean Water Act (CWA) to define the term ''oil and gas exploration, production, processing, or treatment operations or transmission facilities'' to mean ''all field activities or operations associated with exploration, production, processing, or treatment operations or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities.'' This term is used in section 402(l)(2) of the CWA to identify oil and gas activities for which EPA shall not require NPDES permit coverage for certain storm water discharges. The effect of this statutory change makes construction activities at oil and gas sites eligible for the exemption established by CWA section 402(l)(2).

On June 12, 2006, EPA published final amendments to the National Pollutant Discharge Elimination System (NPDES) regulations for stormwater discharges associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities (71 FR 894) to implement the new provision in the Energy Policy Act of 2005. In the rulemaking, EPA acknowledged that this rule does not prohibit states from regulating earth disturbance at oil and gas activities under state authority, especially when there is a violation of water quality standards

TODAY'S ACTION

Today, the Department announces its plan for regulating erosion, sediment and stormwater runoff associated with earth disturbance at oil and gas exploration, production, processing, or treatment operations or transmission facilities (oil and gas activities). This action is taken under the authority of Pennsylvania's Clean Streams Law and the Oil and Gas Act.

1. The requirements of 25 Pa. Code Chapter 102 'Erosion and Sediment Control" for "Erosion and Sediment Control Plans" and implementation of best management practices (BMPs) have always applied to earth disturbance at oil and gas activities and continues to do so.

2. The Department plans to develop and issue a general "Erosion and Sediment Control Permit" specific to earth disturbance at oil and gas well activities so that proper permit coverage is available to operators who trigger the permit threshold. The Department has found that an effective strategy for minimizing the potential for erosion and sedimentation from oil and gas activities is keeping the un-stabilized area of earth disturbance below five acres. Requiring a permit for earth disturbance activities that exceed five acres provides an incentive for the operator to minimize the disturbed area and restore the disturbed area promptly after completion of the well. When the UN-stabilized disturbed area for the project exceeds five acres, the added protection gained through an Erosion and Sediment Control Permit is beneficial. The Department expects to issue public notice for the general permit by January 2007.

3. 25 Pa. Code Section 102.5 states that a permit must be obtained from the Department when the disturbed area for the project is five acres or more. This is also consistent with 25 Pa. Code 92.2 (c). Section 102.5 uses the term "NPDES Permit for Stormwater Discharges Associated with Construction Activities." The Department will be proposing revised regulations to change the name of the permit to an "Erosion and Sediment Control Permit" for oil and gas activities similar to the term currently used for timber harvesting and road maintenance. The Department expects to propose the revised rule to the Environmental Quality Board in early 2007.

4. The existing "Policy for NPDES Permits for Stormwater Discharges Associated with Construction Activities at Oil and Gas Wells" (Document 550-2100-008) will be revised to be consistent with the EPA rules and explain the Commonwealth's specific permit program for earth disturbance associated with oil and gas activities. It is expected that the proposed revisions will be published for public comment by January 2007.

Interested persons may submit written comments on this announcement by October __, 2006. Comments submitted by facsimile will not be accepted. The Department will accept comments submitted by e-mail. A return name and address must be included in each e-mail transmission. Written comments should be submitted to Kenneth Murin Bureau of Watershed Management, P.O. Box 8555, Harrisburg, PA 17105-8555, kmurin@state.pa.us; or Ronald Gilius, Bureau of Oil and Gas Management, P. O. Box 8765, Harrisburg, PA 17105-8765, rgilius@state.pa.us. Contact: Questions regarding this announcement should be directed to Kenneth Murin (717) 787-5975 kmurin@state.pa.us, or Ronald Gilius (717) 772-2291 rgilius@state.pa.us.

DEP Announces Nutrient Net Seminars

With the support of the DEP Growing Greener grant program, the World Resources Institute (WRI) and the PA Environmental Council (PEC) is developing an on-line nutrient trading platform for the Potomac and Susquehanna watersheds in PA in support of the PA Nutrient Trading Program. Nutrient Net is an on-line tool comprised of estimation tools, which estimate the amount of credits needed or generated by a particular practice, and a marketplace where users can buy and sell credits. WRI will be holding outreach meetings to walk through the tool with interested individuals and to gather comments to fold into the on-line marketplace and future development of the tool as applicable.

To start there have been three meeting times established. The sessions will be limited to 15 participants due to available computer resources.

* December 8th, 10:00- 12:00, 3rd Floor Computer Lab, Rachel Carson State Office Building.
* December 13th, 10:00-12:00, 3rd Floor Computer Lab, Rachel Carson State Office Building.
* December 13th, 1:00- 3:00, 3rd Floor Computer Lab, Rachel Carson State Office Building.

If you are interested in participating in these outreach meetings, please send Ann Smith (annsmith@state.pa.us) an email letting her know which date and time you would like to attend. If the dates and times do not work for your schedule but you would be interested in participating, please let Ann so she can schedule additional sessions.

First Buyer of Water Pollution Credits

A housing developer in northeastern Pennsylvania is the state's first buyer of water-pollution credits that help meet tougher standards to clean up the Chesapeake Bay. The concept behind DEP's nutrient-trading program is that the amount of pollution leaving the watershed must exceed the amount of new pollution coming in. http://www.pennlive.com/business/patriotnews/index.ssf?/base/business/
1162950913147540.xml&coll=1