In 2009, PADEP issued 24 rule changes and 15 draft technical guidance documents for public comment. One of the most far reaching rule changes was a proposed rewrite of Pennsylvania Code, Chapter 102. This rule regulates erosion and sedimentation controls required for land development projects. Among other things, the revisions would mandate 150-foot wide forested buffers in certain watersheds. It would also require maintenance of post-construction BMPs in perpetuity.
Brickhouse Environmental scientists met with PADEP staff early in the process, and based on our initial review of the draft regulations, determined that many of the technical details were not supported by either sound science or common sense. Further, it was obvious that the proposed rules could be devastating to the economic health of our state. Many others shared our view. Thousands of written comments prepared by legislators, industry advocacy groups, state agencies, and the affected public (including Brickhouse Environmental) were submitted. While some comments supported the proposed rules, many highlighted significant problems. As a result, the Independent Regulatory Review Commission has recommended wholesale changes to what they called the "fatally flawed" draft rules. Further, they recommended that the proposed rules be submitted to the PA General Assembly for a full congressional debate.
The outcome shows that public comments can be an effective tool for ensuring that PADEP doesn't pass poorly prepared regulations which can be devastating to our economy. What can you do?
1. Regularly visit the PADEP public participation website to stay informed about upcoming regulation changes and draft guidance documents
http://www.depweb.state.pa.us/portal/server.pt/community/public_participation_center/
2. Submit your comments in writing to the PADEP, whether you have one concern with one item in one section, or general concerns about an entire proposal.
3. Contact your State Senator and Representative. Send them a copy of your comments.
4. Share your comments with other interested parties and urge them to write as well.
Together, our comments and your comments can keep Pennsylvania moving forward environmentally and economically.
