2-1-21 Comments Provided to the Pennsylvania Dept. of Environmental Protection on the Proposed Rulemaking Environmental Quality Board - Dam Safety and Waterway Management

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Mahoning Creek Dam in Armstrong County, Pennsylvania

 

Photograph Attribution: Mahoning Creek Dam. (2020, May 12), https://en.wikipedia.org/wiki/Mahoning_Creek_Dam

 

 

Introduction

The Environmental Quality Board of the Pennsylvania Department of Environmental Protection is proposing to make changes to 25 PA code, chapter 105, addressing dam safety and waterway Management. These changes would include revising and adding definitions, elaborating on regulations, removing or updating requirements, and fixing typographical errors.  

 

 

 

Feb 1, 2021

 

Pamela Kania- Acting Director

Bureau of Waterways Engineering and Wetlands,

P.O. Box 8460

Harrisburg, PA 17105-8460

 

Re: Proposed Rulemaking Environmental Quality Board [ 25 PA. Code CH. 105 ] Dam Safety and Waterway Management

 

Dear Ms. Kania:

 

Environmental Review Inc. has reviewed the Proposed Rulemaking Environmental Quality Board [25 PA. Code CH. 105] Dam Safety and Waterway Management, and has the following comments:  

 

 

1) In section G Pollution Prevention, paragraph 1, sentence 4, it states “This proposed rulemaking has incorporated the following pollution prevention incentives.” However, the mentioned prevention incentive descriptions were not stated.

 

2) In paragraph 5 of the Regulatory History, to be consistent with section 5 of the Clean Streams Law, the paragraph should mention considerations for future uses of waterbodies.

 

3) The definition of “coastal resources” should be added to § 105.1 to provide clarity as it is addressed throughout the proposal.

 

4) In section 105.12 Waiver of permit requirements (11), There is a lack of consideration for how the removal of dams, water obstructions, or encroachments might have an impact on the surrounding community, and their means of economic sustenance. The department should also address how such actions might affect wildlife populations, patterns, and behaviors.

 

5) In section 105.20, the document should go into detail about how the value of a wetland will be determined and translated into mitigation requirements.

 

Sincerely,

 

Rachana Malviya, Ph.D.

Senior Environmental Reviewer (Associate in Tennessee)

Environmental Review Inc. (a 501(c)(3) Nonprofit Public Benefit Corporation)

1792 Rogers Ave.

San Jose, CA 95112

 

 

Anna Pigott

Environmental Reviewer (Associate in Hawaii)

Environmental Review Inc.  (a 501(c)(3) Nonprofit Public Benefit Corporation) 

1792 Rogers Ave.

San Jose, CA 95112