House Environmental Committee Holds 2nd Meeting Feb. 24 On Proposed Changes To Chapter 105 Regulations

The House Environmental Resources and Energy Committee will hold a second meeting February 24 on proposed changes to the Chapter 105 Waterways Management permits, one of the most basic permits all development must have.

When the proposed regulation was considered at the July Environmental Quality Board meeting, Rep. Daryl Metcalfe (R-Butler), Majority Chair of the Committee, expressed a concern about fees being charged homeowners for groin structures going into Lake Erie. Read more here.

The proposed regulation reduces the homeowner fee from $750 per year to $250, according to DEP.

Rep. Metcalfe was the only vote against the proposed regulations.

The House Environmental Committee reported out legislation last year-- House Bill 1779 (Wentling-R-Erie) exempting homeowners from these fees, but the bill died in the House Appropriations Committee.  Read more here.

Background

The proposed revisions are designed to provide additional waivers, focus on the most important activities and threats to the environment and health and provide flexibility in meeting those requirements.

DEP reviews in the neighborhood of 3,600 Chapter 105 permit applications annually, although that changes based on economic activity.  The Chapter 105 regulations have not been substantially revised since 1991.

Among the changes proposed are--

-- Additional Permit Waivers for streambank fencing, passive non-motorized recreation, elevated boardwalks in wetlands for educational purpose and trails, emergency water withdrawal, temporary mats and pads in wetlands and temporary environmental testing;

-- Updates Provisions Related to stormwater and floodplain management;

-- Adds alternatives analysis description;

-- Updates mitigation plan terms;

-- Adds antidegradation demonstration;

-- Clarifies impacts and cumulative impacts analysis;

-- Adds provisions for enrollment to the Private Dam Financial Assurance Program;

-- Provides new criteria for aquatic resource restoration activities;

-- Revises provisions related to compensation for impacts to aquatic resources and no net loss of wetlands;

-- Revises siting criteria for consistence with mitigation banking, in lieu fee and permittee compensation;

-- Changes provisions related to the removal of dams and abandonment of water obstructions; and

-- Clarifies flood design criteria.

Click Here for a summary of the changes.   Click Here for Regulatory Analysis Form.  Click Here for PPT presentation.

The meeting will be held in Room G-50 of the Irvis Building starting at 8:00 a.m.  Click Here to watch live online.

Informational Meeting

An informational meeting is also scheduled for February 24 starting at 9:00 a.m. in the same room on “the state of our natural gas economy in Pennsylvania and opportunities for growing our energy industry.”

Expected to testify are representatives of the American Petroleum Institute, the Marcellus Shale Coalition and the PA Chamber of Business and Industry.

The meeting will be held in Room G-50 of the Irvis Building starting at 8:00 a.m.  Click Here to watch live online.

Rep. Daryl Metcalfe (R-Butler) serves as Majority Chair of the House Environmental Committee and can be contacted by calling 717-783-1707 or sending email to: dmetcalf@pahousegop.com. Rep. Greg Vitali (D-Delaware) serves as Minority Chair and can be contacted by calling 717-787-7647 or sending email to: gvitali@pahouse.net. 

[Posted: February 17, 2021]  PA Environment Digest