DEP Invites Comments On Great Lakes-St. Lawrence Compact Procedures, Guidance Changes

The Department of Environmental Protection published notice in the June 2 PA Bulletin inviting comments on draft proposed changes to the Great Lakes and St. Lawrence River Basin Water Resources Compact and Agreement procedures and guidance for reviewing water diversion proposals.   

Comments are due June 21.

Pennsylvania is one of eight states in the United States and two Canadian provinces sharing jurisdictional responsibilities for water use and conservation in the Great Lakes.

In 2008, the Great Lakes and St. Lawrence River Basin Water Resources Compact and Agreement created the Great Lakes-St. Lawrence River Basin Water Resources Council and the Great Lakes-St. Lawrence River Water Resources Regional Body.

These entities provide a venue and framework to assure the Compact and Agreement is successfully implemented.

On September 1, 2017, the Compact Council and Regional Body created a Procedures Update Team. The Team was charged with drafting updates to the Regional Body Interim Procedures and Compact Council Interim Guidance for the Regional Body and Compact Council's consideration.

This task includes recommending changes to these documents and potentially drafting new rules for the Compact Council's consideration. Each member of the Regional Body and Compact Council appointed at least one individual to the joint Team.

The draft documents include the following:

1. Great Lakes-St. Lawrence River Water Resources Regional Body Procedures. This document contains the procedures that the Regional Body will follow during the review of a diversion subject to the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement through the issuance of its Declaration of Finding. This document mirrors the Compact Guidance for Parts I and II.

2. Great Lakes-St. Lawrence River Basin Water Resources Compact Guidance and Rules of Practice and Procedure. This document mirrors the Regional Body Procedures through Parts I and II with respect to review of a diversion subject to the Great Lakes-St. Lawrence River Basin Water Resources Compact, then continues on to describe the decision making process and the process for any administrative hearing, how modifications may be made to Compact Council decisions, and the process to be used for rulemaking.

3. Sequence of Events for Consideration of Proposals for Exceptions to the Prohibition on Diversions that are Subject to Regional Review. This document outlines the steps for review and decision making for a diversion proposal.

Click Here for copies of the proposals.

Note that this is not the formal public comment period that is part of a notice and comment rulemaking. Instead, the Team will take into consideration all feedback as it develops its final recommendations to the Regional Body and Compact Council.

If the Compact Council decides to propose rules, public notice and an opportunity for the public to submit comments to the Compact Council will be provided before any rules are adopted.

Feedback can be sent to the Team at Procedures Update Team, c/o Great Lakes St. Lawrence Governors and Premiers, 20 North Wacker Drive, Suite 2700, Chicago, IL 60606 or by email to: feedback@gsgp.org.  Use ''Procedures Update Team'' in the subject line.

Public Meeting

In addition, comments may be made verbally on June 21, 2018, following the public meetings of the Regional Body and Compact Council beginning at approximately 10:30 a.m. CDT in person at Fitger's Inn, Theater, 600 East Superior Street, Duluth, MN 55802 or by webinar. Individuals wishing to speak must register online. Webinar ID: 867-268-467.

Individuals who wish to participate in listen only mode may call the following number in the United States: 951-384-3421

For more information or questions, contact Timothy Bruno, Department of Environmental Protection, Office of the Great Lakes, 814-835-1477 or send email to: tibruno@pa.gov.

(Photo: Presque Isle, Lake Erie, Pennsylvania.)