The Environmental Quality Board meets March 18 with one item on the agenda-- DEP’s recommendations on the petition to upgrade the Upper Perkiomen Creek Watershed to Exceptional Value waters.  DEP is recommending no change in the Upper Perkiomen, but is recommending the Macoby Creek basin be designated Trout Stocking and Migratory Fishes.

The Environmental Quality Board published notice of its formal acceptance of a rulemaking petition for study proposing to redesignate Stony Run Watershed in Fayette County to Exceptional Value waters.

The Public Utility Commission published notice of its approval of a final order under the Act 129 Energy Efficiency and Conservation program related to an amended Demand Response Study.

Pennsylvania Bulletin - March 8, 2014

Proposed Regulations Open For Comment - DEP webpage

Proposed Regulations With Closed Comment Periods - DEP webpage

DEP Regulatory Agenda - DEP webpage

Technical Guidance & Permits

The Department of Environmental Protection published notice of four draft technical guidance for public comment: PA Function Based Aquatic Resource Compensation Protocol, Lacustrine Condition Level 2 Rapid Assessment Protocol, Riverine Condition Level 2 Rapid Assessment Protocol and a Wetland Condition Level 2 Rapid Assessment Protocol. (see related article)

DEP published notice it has submitted a prospectus for an in-lieu of fee and compensatory mitigation program to the U.S. Army Corps of Engineers. (see related article)

DEP published notice extending three NPDES general permits: Beneficial Use Of Biosolids (PAG-08), Beneficial Use of Exceptional Quality Biosolids (PAG-07) and Beneficial Use of Residential Septage By Land Application (PAG-09).

DEP published notice of a redesignation request and maintenance plan for the Lancaster nonattainment area along with notice of an April 10 public hearing on the proposal.

DEP published notice of 2014 schedule of examinations for Sewage Enforcement Officers.

DRAFT: 310-2137-001. Title: Pennsylvania Function Based Aquatic Resource Compensation Protocol. Description: This guidance will provide standard guidelines for evaluating need for aquatic resource mitigation for the purposes of meeting application requirements contained in 25 Pa. Code Chapter 105 (relating to dam safety and waterway management). The guidance outlines how to conduct evaluations, the factors to consider and establishes a system for quantifying mitigation requirements and proposals to meet those requirements. This guidance is developed for use with the three Resource Condition Level 2 Rapid Assessment Protocols (310-2137-002, 310-2137-003 and 310-2137-004).

Written Comments: Interested persons may submit writ-ten comments on this Draft Technical Guidance Documents by May 7, 2014. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by email must include the originator's name and address. Written comments should be submitted to Kenneth Murin, P. O. Box 8460, Harrisburg, PA 17105-8460, (717) 787-7411, RA-EPTG01COMPCOMENTS@pa.gov

DRAFT: DEP ID: 310-2137-004. Title: Pennsylvania Lacustrine Condition Level 2 Rapid Assessment Protocol. Description: This guidance will provide standard guidelines for evaluating the condition of lacustrine aquatic resources for the purposes of meeting application requirements contained in 25 Pa. Code Chapter 105. The guidance outlines how to conduct assessments, the factors to consider and establishes a scoring system based upon condition categories. This guidance is developed for use with the Function Based Aquatic Resource Compensation Protocol (310-2137-001).

Written Comments: Interested persons may submit writ-ten comments on this Draft Technical Guidance Documents by May 7, 2014. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by email must include the originator's name and address. Written comments should be submitted to Kenneth Murin, P. O. Box 8460, Harrisburg, PA 17105-8460, (717) 787-7411, RA-EPTG04L2LACUSTRI@pa.gov.

DRAFT: DEP ID: 310-2137-003. Title: Pennsylvania Riverine Condition Level 2 Rapid Assessment Protocol. Description: This guidance will provide standard guidelines for evaluating the condition of riverine aquatic resources for the purposes of meeting application requirements contained in 25 Pa. Code Chapter 105. The guidance outlines how to conduct assessments, the factors to consider and establishes a scoring system based upon condition categories. This guidance is developed for use with the Function Based Aquatic Resource Compensation Protocol (310-2137-001).

Written Comments: Interested persons may submit writ-ten comments on this Draft Technical Guidance Documents by May 7, 2014. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by email must include the originator's name and address. Written comments should be submitted to Kenneth Murin, P. O. Box 8460, Harrisburg, PA 17105-8460, (717) 787-7411, RA-EPTG03L2RIVERINEC@pa.gov.

DRAFT: DEP ID: 310-2137-002. Title: Pennsylvania Wetland Condition Level 2 Rapid Assessment Protocol. Description: This guidance will provide standard guidelines for evaluating the condition of a wetland for the purposes of meeting application requirements contained in 25 Pa. Code Chapter 105. The guidance outlines how to conduct assessments, the factors to consider and establishes a scoring system based upon condition categories. This guidance is developed for use with the Function Based Aquatic Resource Compensation Protocol (310-2137-001).

Written Comments: Interested persons may submit writ-ten comments on this Draft Technical Guidance Documents by May 7, 2014. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by email must include the originator's name and address. Written comments should be submitted to Kenneth Murin, P. O. Box 8460, Harrisburg, PA 17105-8460, (717) 787-7411, RA-EPTG02L2WETLDCOM@pa.gov.

Technical Guidance Comment Deadlines - DEP webpage

Recently Closed Comment Periods For Technical Guidance - DEP webpage

Technical Guidance Recently Finalized - DEP webpage

Copies of Final Technical Guidance - DEP webpage

Visit DEP’s new Public Participation Center for information on how you can Be Informed! and Get Involved! in DEP regulation and guidance development process.

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3/10/2014