Pennsylvania has a detailed process for protecting the
existing use and designated uses of all HQ and EV waters. The public may
petition the Pennsylvania Department of Environmental Protection (DEP) to upgrade a stream
to HQ or EV if sufficient data exist to support the request, and partner
agencies such as the Pennsylvania Fish and Boat Commission may do the same.
The DEP regional office may also make a recommendation for a stream
re-designation. Ultimately, all streams proposed for re-designation must be
approved by the Pennsylvania Environmental Quality Board (EQB).
Protecting streams through anti-degradation policies and ensuring that streams have the appropriate regulatory designation prior to permitting development activities within the watershed is critical to protecting the high quality of the Commonwealth’s water resources, for today and for the future.
Unfortunately, the DEP has not proposed any stream
re-designations to the EQB since September 2011. Since then, hundreds of miles
of streams have been petitioned for upgrade with no formal action by the DEP
to re-designate these streams and apply regulatory protections, mainly due to
very limited staff.
To remedy this, we recommend that Gov. Tom Wolf ensure
that the DEP has adequate staff resources to ensure that streams receive
appropriate stream designation under 25 Pa. Code Chapter 93.
• The DEP should have adequate staff designated: 1) to
review stream re-designation petitions submitted by the public and by partner
agencies, and 2) to conduct stream surveys to determine appropriate regulatory
designations.
• The DEP should revise and streamline its internal process
for reviewing stream re-designation petitions.
• The DEP should respond to petitions for stream
re-designations in a timely fashion and propose rulemaking packages to upgrade
or downgrade streams to the Environmental Quality Board (EQB) at least three
times per year.
This recommendation, along with many others, can be found in
a recent PennFuture report that highlights actions Gov. Tom Wolf and his
administration can take to protect Pennsylvania’s environment.
Jen Quinn is central Pennsylvania outreach coordinator for PennFuture and is based in Harrisburg. She tweets @QuinnJen1.
