Critical Water Planning Area Subcommittee

October 20, 2005 Meeting

10:00, PA DEP – Rachel Carson State Office Building, Harrisburg, PA

Date Prepared: October 20, 2005

Prepared by: Jan Bowers, Chair

Attendees:

Subcommittee members: Jan Bowers, Craig Kern, Preston Luitweiler, Jim McKenzie, Bob Wendelgass, Leroy Young, Gary Merritt, Julie Kiang

Guests:

Sue Weaver, Bill Gast, Hoss Liaghat, Todd Giddings, Steve Rhoads, Stan Geary, Cory Adams,

Introductions - were done.

Lunch arrangements - were made.

Public comments – there were none.

Approval of meeting summary from June 14, 2005 Subcommittee meeting – Leroy noted that under Next Steps, Page 2, change date to July 21. Motion to approve was made by Preston, Jim seconded, and unanimously approved.

Update on Statewide Committee activity – Sue provided an overview update. Statewide Committee meeting held July 21, and the Committee provided comments on the reporting and recordkeeping, lack of fees within the regulations, and approved PADEP proceeding with preparing the CWPA document for final publication and pubic notification process. Committee asked Don Bluedorn to send a letter to Secretary McGinty recommending the Department proceed with the water use registration regulations. September 22 meeting of the Statewide Committee was cancelled because there was little action needed by the Committee at that time and to allow time for further progress on other initiatives.

Instead, PADEP met on September 22 with subcommittee chairs, statewide chair and vice chair to review status, funding, directions for drafting regional plans, status of technical efforts. This resulted in a consensus that given the available resources, we need to focus on developing technical portions of data management system, and that given the 16 prescribed components and available resources, that different components will be assigned to different DEP staff components within Water Management Deputate, as appropriate. The primary focus will be to get the technical components in place (the USGS screening tool and the water use analysis tool). The breadth and depth of coverage of topics in the regional plans will depend upon the availability of volunteers with the necessary expertise and time to assist DEP in drafting those sections.

Draft regulations are anticipated to reach the EQB in January 2006. Next Statewide Committee meeting is December 1, and regional committees will meet in November. Several regional and statewide member terms expired in September, and PADEP’s recommendations to Governor’s office for re-appointments and replacement appointments were submitted in September and are awaiting action there. The scope of work for the water use analysis (assessment) tool is under development to address future water use demand, and is being designed to allow additional components (e.g., for water quality, stormwater, reservoir releases, etc.) to be added in the future if desired. CDM/DRBC are preparing their report on water use projection methodologies. The USGS screening tool is nearly completed.

Update of CWPA Criteria Document – Sue indicated that DEP solicited public comment on August 19 (30 day period) as a draft technical guidance document and comments were received from PA Mining Professionals, York County Planning Commission, NE PA Coalition for Abandoned Mine Restoration, PA Coal Association, as well as from internal PADEP staff. Overall it was apparent that the document as written is unclear to those not closely involved in the development of the document. PADEP would like to add a section to the document providing more explanation of what Act 220 articulates as the statutory foundation for this document, to help the reader’s overall understanding. PADEP doesn’t anticipate any changes to the technical content of the document. A comment response document will be prepared. Some additional revisions will likely be made to help clarify parts of the process that are presently unclear. There is likely be a comment response document and draft final document for discussion with CWPA Subcommittee in November or December. Preston requested that if possible, please provide the comments to the subcommittee members electronically, and Sue agreed that she would do this.

PADEP also created a draft nomination form, indicated what mandatory and supplemental information is requested. Sue passed out copies of the form and asked for subcommittee input on whether inclusion of the supplemental information on the form is redundant to the guidance document. There was general consensus of the subcommittee members that the supplemental information should be included on the form as shown on this draft. It was suggested to add subheadings on the instructions and form to be more clear what is “mandatory” and “supplemental” information.

After the document and response document are reviewed by the CWPA subcommittee, PADEP anticipates the document would go final within an estimated 4 to 6 weeks. Gary M indicated that he felt that the Statewide Committee is expecting to see the document again before it goes final; Sue will confirm from the Statewide Committee chairman what the expectation is on this and she will ask Don that if the CWPA subcommittee has no significant comments or changes, that it be forwarded by PADEP for final publication. Jim and Sue recall that the Statewide Committee did give approval for PADEP to go final with the document without returning to the Statewide Committee. Jan read the motion that she presented to the Statewide Committee (and was approved) which did include approval for PADEP to proceed to final publication. The document will ultimately be available as an electronic document on PADEP’s “e-line”. Bill G pointed out that if this document is not published by January, it will be too late for the document to be used in the overall process. Bill further suggested that the final draft and response document be provided to CWPA subcommittee by email for comments and then taken to the Statewide Committee at the December 1 meeting either for their information or for approval as determined by Don Bluedorn.

Registration and Reporting Forms – Sue presented the set of registration form and reporting forms for both public water suppliers and non-public water suppliers that have been drafted by PADEP, in consultation with the river basin commissions. PADEP intends to have annual reporting done electronically, and pre-populated as appropriate. There will also be a paper change form (aka revision form) for making changes to the pre-populated information. The annual water supply report is to be replaced by the Act 220 reporting. It is hoped that by January 2006, these forms will be available for use. The forms may be finalized and available prior to finalization of the regulations, so some reporting may at that time still be voluntary. Dave Jostensky is working with a group from the PA Chamber of Business and Industry to explore the non-metering alternatives. Subcommittee members provided some questions, comments and suggestions to PADEP. These forms will replace the existing registration processes of SRBC and DRBC and PADEP, but does not replace any reporting requirements within existing permits. Leroy suggested that reporting of passbys/conservation releases be required in some process. The regulations are expected to reach the EQB by January 17, 2006, which begins process that typically takes an 18 month period before they will be final. Comments on the draft registration and reporting forms are to be returned to PADEP by November 3.

CARP Guidelines – Sue provided copies of the DRBC IRP Guidelines as a reference document. Jim asked that PADEP provide the language from Act 220 that describes the CARP and any related process language and CAR committee stipulations, etc. to subcommittee members. Jan and Bill overviewed the IRP Guidelines purpose, evolution and content. Bill pointed out that the 7 items required to be addressed in the CARP are addressed in the IRP Guidelines, although they may or may not be addressed in the manor desired for the CARP. Preston suggested that we rely on the language and list of required components from Act 220, and utilize as appropriate, the content of the IRP Guidelines to help address the Act 220 requirements.

It was noted that the CARP guidelines will need to describe who is to be involved in development of the CARP, what technical components must be accomplished, and what process is to be followed, with the CARP process “handshaking” with the endpoint of the process presented within the CWPA guidelines. It was pointed out that to complete a CARP is estimated to require $250k to $500k to complete and that the CARP must therefore make sure that any area that is subject to a CARP must be in true need of such a plan.

It was suggested that we use the statutory elements as the basis for our work and import the IRP language as appropriate into it. PADEP anticipates that the CARP guidelines will also be published as a technical guidance document.

Bill G agreed that PADEP to draft an initial draft outline based on Act 220 and incorporating language from IRP Guidelines as appropriate.

Next Steps –

  1. Sue will distribute electronic version of comments received on CWPA document to subcommittee members
  2. PADEP to provide comment response document and draft final CWPA document electronically to CWPA subcommittee for review and comment/concurrence. If significant issues are identified, it will be determined at that time on how best to resolve the issues (e.g., conference call or meeting, etc.), with the ultimate goal to have the document finalized by all by December 1.
  3. Sue will confirm with Don Bluedorn whether or not the Statewide Committee is expecting to take further action on the CWPA document for final publication by PADEP.
  4. Sue will mail copies of registration and reporting forms to non-attending subcommittee members. Comments from subcommittee on registration and reporting forms are due to PADEP by November 3.
  5. PADEP to provide excerpts of Act 220 related to CARP to subcommittee members.
  6. Jan will contact Greg Cavallo to ask him to provide an update of the status of the DRBC’s pilot IRP project in Montgomery County at the next CWPA subcommittee meeting.
  7. PADEP will prepare an initial draft of CARP based on Act 220 and IRP Guidelines and distribute to subcommittee members prior to December 20.
  8. A decision will be made by December 5 whether or not the December 20 meeting will be held, depending upon the availability of staff time to prepare the outline with sufficient detail to warrant a meeting to discuss.

Next Meeting – Any interaction needed on CWPA documents will be determined once subcommittee email responses are received. Any interaction needed to address/discuss subcommittee comments and input on registration and reporting forms will be handled on a separate schedule, possibly using a sub-subcommittee of interested and affected members.

Future schedule of CWPA subcommittee meetings was set for December 20, January 31, March 28, May 23, and July 18.

Meeting adjourned – 1:40pm.