1. Mountain Watershed Association Home of the Youghiogheny Riverkeeper www.mtwatershed.com Protecting Water Quality

2. About MWA Founded in 1994 Mission is protection, conservation and restoration of the Indian Creek Watershed and surrounding areas Became home of the Youghiogheny Riverkeeper in 2003 6 full time staff + 1 AmeriCorps intern Located in Melcroft, PA

3. Tools for Watershed Protection 303(d) List TMDL Development Wild & Scenic Rivers Designation Conservation Easements Stream Redesignation Petition Unsuitable for Mining Petition

4. Stream Redesignation Petitions

5. Designated Use Chapter 93 of the PA Code specifies a designated use for all water bodies in the state Uses include: – Warm Water Fishes (WWF) – Cold Water Fishes (CWF) – Trout Stocked Fishery (TSF) – High Quality Warm Water Fishes (HQ-WWF) – High Quality Cold Water Fishes (HQ-CWF) – High Quality Trout Stocking Fishery (HQ-TSF) – Exceptional Value (EV)

6. Find Your Stream’s Designated Use Visit www.pacode.com. Click browse>25 Environmental Protection>Chapter 93: Water Quality Standardswww.pacode.com Streams are arranged by basin Sometimes an individual stream may not be listed but the stream it drains into is. In this case, your stream would have the same designated use as the downstream water body. If you feel your stream is improperly designated, you can petition the PA Environmental Quality Board for a different designated use.

7. Why Seek Redesignation? Streams that are High-Quality or Exceptional Value receive more protection under PA’s anti-degradation regulations Anti-deg requires that water quality in HQ or EV streams be maintained and protected Those seeking to discharge in HQ or EV waters must: Evaluate “nondischarge alternatives” If there is no alternative, use “best available technology” Prove that the discharge will be “nondegrading” to surface waters If there is no nondischarge alternative and the discharge will be degrading, give a “social and economic justification” (SEJ) for the project *There is no option for SEJ in EV waters

8. Is Your Stream HQ? Streams are eligible for HQ designation if they meet at least one of three qualifiers: – Water chemistry qualifier – Biological assessment qualifier – Class A Wild Trout Stream Qualifier A redesignation petition must be based on one of the above qualifiers.

9. Water Chemistry Qualifier A stream may be HQ if it has long-term water quality (>1 year of data) that is better than the criteria set forth in Section 93.7 of Chapter 93 for 12 parameters at least 99% of the time. One full year of monitoring data, or at least 24 samples, is required for a petition. More is better.

10. Biological Assessment Qualifier A stream has an integrated benthic macroinvertebrate score >83% when compared to a HQ reference stream using PA’s Rapid Bioassessment Protocol. This is the most common qualifier used for redesignation petitions.

11. Class A Wild Trout Qualifier Streams listed as Class A Wild Trout by PA Fish & Boat Commission can be eligible for HQ designation. Class A Wild Trout Streams are the best of PA’s wild trout fisheries. Is your stream on the list? Find out at http://sites.state.pa.us/PA_Exec/Fish_Boat/

12. Is Your Stream EV? Streams can qualify for Exceptional Value in 7 ways. 1.Location in an National Wildlife Refuge or state game propagation and protection area 2.Location in a State Park Natural Area, State Forest Natural Area, National Natural Landmark, Federal or State Wild River, Federal Wilderness Area, or National Recreational Area 3.Outstanding national, state, regional or local resource water 4.Surface water of exceptional recreational significance 5.Biological assessment qualifier 6.“Wilderness trout stream” qualifier, or 7.Surface water of exceptional ecological significance In order to be qualified under the first six, your stream must already be HQ.

13. How to Petition Anyone has the right to submit a redesignation petition. Petitions are evaluated by the Environmental Quality Board. The petition form is available on DEP’s website at www.dep.state.pa.us.

14. Petition Phases Submission, Review and Acceptance – Petition is submitted, DEP reviews for completeness and presents to EQB, and publishes notice of petition. DEP Stream Assessment & Evaluation – DEP conducts a stream assessment, and prepares an evaluation report making a recommendation to EQB on the petition. The public is allowed to comment. The Regulatory Process – If EQB adopts the proposed regulation it is published in the PA Bulletin for public comment. The final regulation is then reviewed by the Independent Regulatory Review Commission prior to adoption.

15. Things to Note A petition can also be submitted to reduce the level of designation on a stream. The petition process can take many years. A stream can be placed on the “existing use list” while it is being evaluated for a change in its designated use. The existing use list is for streams that are attaining a higher designation but have not formally been redesignated. Streams on the existing use list are considered to have the use for which they are listed (for example, a cold water fishery with an existing use of EV should be treated as an EV stream).

16. Resources PennFuture’s Stream Redesignation Handbook: http://www.pennfuture.org/media_pfr_detail.aspx?MediaID=21 http://www.pennfuture.org/media_pfr_detail.aspx?MediaID=21 River Network’s Clean Water Act Owner’s Manual: https://www.rivernetwork.org/marketplace/product_details.php?it em_id=55334 https://www.rivernetwork.org/marketplace/product_details.php?it em_id=55334 DEP’s Unsuitable for Mining webpage: http://www.dep.state.pa.us/dep/deputate/minres/bmr/programs/ UFMsummary.html http://www.dep.state.pa.us/dep/deputate/minres/bmr/programs/ UFMsummary.html DEP’s Water Quality Assessments & Standards webpage: http://www.portal.state.pa.us/portal/server.pt/community/water_ quality_standards/10556 http://www.portal.state.pa.us/portal/server.pt/community/water_ quality_standards/10556

17. Unsuitable for Mining (UFM) Petitions

18.  Surface mining activities  Coal only  All coal seams or  Any specific coal seam(s) in the area  Must be unmined coal reserves present in the petition area  Not for underground mines  Not for noncoal mines WHAT CAN BE DESIGNATED

19. It is very important to clearly define the petition area on a U.S.G.S map or similar reference map. If petition area is for an entire watershed, it is important to include all of the headwaters if there is coal present in the headwater area. DEFINING THE PETITION AREA

20. Once a petition is submitted, additional information can be submitted to DEP as long as:  The petition application is active or on hold,  The technical study is active, and  UFM EQB regulatory designation process is active. SENDING IN ADDITIONAL INFORMATION

21. Pending surface coal permit applications will be blocked, pending outcome of petition IF:  Petition is received by DEP before public announcement by DEP that permit will be issued, the mine cannot be permitted until a final decision is made on the petition.  Area petitioned cannot be the same area as that of a pending coal permit application. TIMING IS EVERYTHING

22. MANDATORY :  Reclamation is not technologically or economically feasible.  Where operations would in all probability result in production of mine drainage.  This will have to overcome use of alkaline addition and special handling during mining operation and reclamation. CRITERIA: MANDATORY AND DISCRETIONARY

23. DISCRETIONARY: where strip mining would cause significant damage or long term loss of important environmental features.  Be incompatible with land use plans  Affect fragile or historic lands  Affect renewable resource lands with loss or reduction of water supply or food or fiber products  Affect natural hazard lands where strip mining operations could endanger life or property.

24. Supportive pollutional mining history and water chemistry data for previous or current discharges, and impacted streams, wells and springs, must only be for permits issued after January 13, 1979, the beginning of PA’s primacy permitting program Records from AML problems and bad pre-primacy bonded permits can be used to help demonstrate that overburden on the same coal seams has always been bad. If DEP has unavailable resources to conduct a technical study, the regulation states that the Department can make a decision for its recommendation to the EQB based on available information. This most likely would be what was submitted by the petitioner and what is contained in DEP permit files and databases.

25. Provide as much supportive data and records with the petition application to help substantiate allegations related to mandatory and discretionary criteria. IMPORTANT!!

26. STEPS IN THE PROCESS:  Submit the petition.  Within 30 days of receipt, DEP must determine whether or not the petition is complete.  If not complete, it is returned as incomplete with an explanation of what is needed to make it complete.  Petitioner has 30 days to complete it and resubmit.

27.  Complete petitions are accepted for TECHNICAL STUDY.  DEP notifies known surface and mineral owners within the petition area in writing that the area is being considered for UFM designation. Public notice is given in local newspapers and the PA Bulletin.  Intervenor status both pro and con is obtained by filing comments along with name, address, and phone number up to three days before the public hearing on the petition.

28.  Within ten months from receipt of a complete petition, DEP will schedule a public hearing.  Held jointly by DEP and the Environmental Quality Board.  Public comments can be made and will be addressed in a Comment and Response Document prepared by DEP.  After completion of the Technical Study and Evaluation of public comments, DEP makes a recommendation to the EQB.

29. If a petition application is deemed frivolous, this ruling by DEP can be appealed to EQB. If a petition is accepted for study by DEP the final outcome, either designated or nondesignated, is not appealable. WHAT IS APPEALABLE?

30. A NEW PETITION WITH SUBSTANTIALLY NEW INFORMATION CAN BE SUBMITTED TO ASK FOR A NEW DESIGNATION, A NEW AND DIFFERENT DESIGNATION, OR NONDESIGNATION.

31. Contact the Bureau of Mining and Reclamation's Environmental Studies Section by mail at: Environmental Studies Section Bureau of Mining and Reclamation Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8461 Harrisburg, PA 17105-8461 or telephone 717-787-4761 for more information.

32. Mountain Watershed Association PO Box 408 1414-B Indian Creek Valley Rd. Melcroft PA 15462 (724) 455-4200 www.mtwatershed.com