Kathy Cooper

From: ecomment@pa.govSent: Wednesday, May 1, 2019 9:57 AMTo: Environment-Committee@pasenate.com; IRRC; eregop@pahousegop.com;

environmentalcommittee@pahouse.net; regcomments@pa.gov; ntroutman@pasen.govCc: c-jflanaga@pa.govSubject Comment received - Proposed Rulemaking: Water Quality Standards - Class A Stream

Redesignations (#7-548)

fl pennsyLvaniard DEPARTMENT OF ENVIRONMENTALPROTECTiON MAY — 1 2019

The enclosed comment was received as part of the following testimony: Independent RegulatoryReview Commission

Testimony name: Public Hearing - Class A Stream RedesignationsTestimony date: 4/26/2019 12:00:00 AMTestimony location: Harrisburg, PA

Re: eComment System

The Department of Environmental Protection has received the following comments onProposed Rulemaking: Water Quality Standards - Class A Stream Redesignations (#7-548).

Commenter Information:

Robert Schott(acroneuria@comcast.net)1411 Skyview CircleHarrisburg, PA 17110 US

Comments entered:

No text comments were provided as part of this comment submittal. Please refer to attachmentsbelow.

These links provide access to the attachments provided as part of this comment.

Comments Attachment: 7-548 Testimony April 26 Robert Schott.pdf

Please contact me if you have any questions.

Sincerely,Jessica Shirley

Jessica ShirleyDirector, Office of Policy

I

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3 MAY —12019

Testimony to the Environmental Quality Board, April 26, 2019

___________________

Good afternoon. My name is Robert Schott. I am a retired aquatic biologist having worked for nearly33 years with the Deparunent of Environmental Resources (DER) and then the Department ofEnvironmental Protection (DEP) in the Southcentral Regional Office. Upon retirement in 20111 wassupervising a staff of3 other biologists. One of our responsibilities was surveying streams to gatherdata for the purpose of upgrading them for special protection. It was a task that I took very seriouslynot only with my staff but with other DEP biologists in the various regional offices and our centraloffice.

After retirement in 2011 I continued to attend an annual meeting of biologists from states within EPARegion 3. While at a meeting in March of 20141 was speaking to a biologist from the PA Fish andBoat Commission (PFBC). He told me that he had submitted a list of 50 Class A trout streams to DEPin 2012 for possible upgrade to High Quality but as of that point there had been no movement by DEE’.

Over the next week or two I had further conversations with DEP staff who indicated that an individualin upper management in the Division of Water Quality Standards was preventing streams from goingthrough the special protection process. After hearing this I started a review ofthe PennsylvaniaBulletin going back to 2003 looking for Notices of Steam Redesignations issued by DEP. Based onthose reviews and DEP’s list of “Completed Stream Redesignation Evaluations” dated August 6, 2013(Exhibit 1) it appeared that the last final rule-making by the EQB to redesignate streams was inSeptember, 2011, the year I retired. It was now April, 2014 representing almost 3 years with no newstream upgrades.

I contacted Katy Dunlap, who at that time was the Eastern Water Project Director of the PennsylvaniaCouncil of Trout Unlimited (‘EU) and explained the situation to her. I was able to get the support of TOand was tasked with writing a letter for TO to be sent to DEE’ (Exhibit 2). Correspondence between TOand DEE’ led to a meeting on September 17,2014. At that meeting DEP admitted that there was abacklog and that the process would start moving again beginning with the 50 Class A streams submittedby PFBC in 2012. DEP’s list of “Ongoing Stream Redesignation Evaluations” dated April 3, 2014(Exhibit 3) prior to this meeting did not show the Class A Streams listing. The updated list of March18,2015 (Exhibit 4) listed the Class A Streams suggesting that DEE’ was starting to move on ourrequests.

In order to keep up the pressure a meeting was scheduled with DEE’ Secretary John Quigley on April 6,2015. Deputy Secretary of Water Management, Kelly Heffiier was also at that meeting. Upon makingSecretary Quigley aware of the hold-up in the stream redesignation process we received his assurancethat the necessary steps would be taken to recti& the mater.

Two more meetings between TO and DEP were held on July 16, 2015 and on March 9,2017.

The latest DEE’ list of “Completed Stream Redesignation Evaluations” dated January 29, 2018(Exhibit 5) shows that four streams that were up for redesignation made it to an EQS meeting in 2017.Also, the 50 Class A trout streams that were submitted by PFBC in 2012 made it to an EQS meetingon June 20,2017 and have been officially upgraded. All of these streams were the first to beredesignated since 2011 and the first since the meetings between TO and DEP. It appears that theprocess is once again moving forward.

a

Ml of this brings us to today and the present list of Class A trout streams up for redesignation to HighQuality. These streams were surveyed by professional biologists working for PFBC. The datapresented in those reports is based on the actual status of the trout populations in those streams whichindicate that they are Class A wild trout streams as approved by the Commissioners of the PFBC. Asurface water that has been classified as Class A automatically qualifies for High Quality designationbased on Chap. 93 .4b(a)(2)(fl) of the Rules and Regulations of DEP.

Likewise, other surveys conducted by DEP biologists document the status of the macroinvertebratecommunities which are also indicators of water quality and have been used to upgrade streamclassification. Throughout my career as an aquatic biologist I have never documented a fish ormacroinverterate community that lies or has a hidden agenda. The fish and bugs don’t lie. The dataspeaks for itself. Objective decisions should be made on real science, not political science.

In light of the fact that the stream redesignafion process was hijacked for several years and a back-logof streams now exists I urge the EQB to vote yes on this recent package of stream upgrades.

The people have a right to clean air, pure water, and to the preservation of the natural, scenic,historic and aesthetic values of the environment.

Thank you for your time.

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Pennsylvania CouncilTrout UnlimitedP.O. Box 5148

UNLIMITED e e on O

April 24, 2014

Mr. Tony ShawDivision of Water Quality StandardsBureau of Point and Non-Point Source ManagementDepartment of Environmental ProtectionP.O. Box 8774Harrisburg, PA 17105-8774

Dear Mr. Shaw:

Trout Unlimited has recently reviewed Pennsylvania Bulletins going back to 2003, looking for Notices ofStream Redesignations issued by the Department of Environmental Protection (DEP) pursuant to 25 Pa.Code §93.4d. We also looked for announcements from the Environmental Quality Board (EQB) thateither propose to amend or amend stream designations listed in 25 Pa. Code Chapter 93.

Based on those reviews and the list of “Completed Streams Redesignations Evaluations” from DEP’swebslte, it appears that the last final rulemaking by the EQB to redesignate streams was in September,2011. Since the beginning of 2011, the Pennsylvania Bulletin shows that DEP has announced that itplans to conduct redeslgnatlon evaluations on 24 stream basins/streams. Also, from 2003 through2010, DEP announced that it was going to evaluate at least 69 stream basins/streams forredeslgnation—only 11 of which have made it to final rulemaking by the EUB.

In addition to the announcements mentioned above, we have also determined that the PennsylvaniaFish and Boat Commission (PFBC) submitted a list of 50 Class A Wild Trout stream segments to beredesignated as High Quality-Cold Water Fishes (HQ-CWF). That list was posted by DEP in the PABulletin on May 26, 2012. According to §93.4b.(a) of Title 25 of the Pennsylvania Code, a surface waterthat meets eltherthe chemical requirements or the biological requirements, defined therein, isa HighQuality Water. Under §93.4b.(afl2)(ii), if the stream has been designated as a Class A Wild Trout stream,It automatically qualifies as a High Quality water.

We understand that assessing streams for redesignation takes a considerable amount of time inplanning, reconnaissance, sampling, lab work, data analysis, and report wrIting and that it could takeyears before a particular stream make5 It to the proposed rulemaking stage of the process. However,we do not understand why there has been no movement in the process since September, 2011. Whatespecially stands out is the lack of movement on the SO stream segments submitted by the PFBC forlisting as HQ-CWF. Those streams have already been assessed by the PFBC and have been designated asClass A Wild Trout streams by the PFBC, following public notice and comment—meeting therequirements fora High Quality designation under Chapter 93. Thus, redesignation as HQ-CWF by DEP

1•

should be merely procedural and administrative. Although it appears that those streams have receivedExisting Use protection as HQ-CWF, they have not gone through the rulemaking process by the EQBensuring their protection for the long-term.

TU Is not alone in our concern about the status of stream redesignations. We have heard the sameconcerns raised by numerous local sportsmen conservation clubs and watershed groups, and we allagree that we need some answers.

For these reasons, Trout Unlimited is respectfully requesting the followIng:

1) The present status of PFBC’s 2012 request to have 50 stream segments redesignated as HQ-CWF.

2) An explanation as to why there has not been any proposed rulemaking by the EQB with regard tostream redesignations since September, 2011.

3) A list of streams that have been surveyed by DEP central or regional offices and redesignation hasbeen found to be warranted, but the list has not yet been sent to EUB.

4) In those Instances where the DEP has sufficient data to warrant an upgrade, we would likeverification showing that those streams have be added to the Existing Use list.

At some point Trout Unlimited may request copies of reports for review, If deemed necessary, or we willschedule to come to the DEP office to review those reports.

it is Trout Unlimited’s mission to protect, conserve, restore and reconnect trout water, and as such, wework to protect our existing outstanding habitat from Irresponsible development that could have lastingImpacts, not only on fish and fishing, but also on people. Likewise, the DEP Is responsible for enforcingits Rules and Regulations and also the Clean Streams Law which is Intended “To preserve and improvethe purity of the waters of the Commonwealth..,” Upgrading the status of streams tD High Quality orExceptional Value, where the stream meets the approprIate chemical or biological requirements, willhelp to protect Pennsylvania’s streams and rivers, aquatic life, and drinking water supplies today and forgenerations to come.

Thank you for your cooperation. Please do not hesitate to contact katy Dunlap, kdunlap@tu.org or 607-703-0256, if you require additional clarification on this request. We look forward to hearing from you.

Sincerely,

BAAI2_, C4Japr .ob sokottBrian Wagner Bob Schott Katy DunlapPresident Cumberland Valley Chapter Eastern Water ProjectPennsylvania Council of of Trout Unlimited DirectorTrout Unlimited Trout Unlimited

Cc: Kelly Heffner, DEP Deputy Secretary of Water Management

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