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Pennsylvania's Nonpoint Source Program
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Mission: The Department of Environmental Protection’s (DEP) mission is to protect Pennsylvania’s air, land and water from pollution and to provide for the health and safety of its citizens through a cleaner environment. We will work as partners with individuals, organizations, governments and businesses to prevent pollution and restore our natural resources.
The DEP’s Bureau of Watershed Conservation’s Mission: The Bureau of Watershed Conservation is responsible for protecting water quality, ensuring public health and safety, and managing water resources, all on a watershed scale. Specific Bureau programs designed to achieve these objectives include monitoring and assessing surface water quality, developing water quality standards, controlling nonpoint source pollution, improving citizen volunteer monitoring programs, supporting local watershed groups, planning and coordinating water resource use, regulating the allocation of surface waters, managing excess storm water runoff, protecting coastal zone resources, and regulating above and underground storage tanks.
In October 1999, Pennsylvania’s Nonpoint Source Management Plan was approved by the US Environmental Protection Agency in Region 3. Pennsylvania’s Nonpoint Source Program, through partnerships with the citizens, agencies, and industries of the Commonwealth, works to achieve appropriate water quality standards and protect beneficial uses of all surface and groundwater. To do this, the Nonpoint Source (NPS) Management Program will be used as a tool to control, prevent and remediate NPS pollution. The long-term goals of the NPS Management Plan include:
- Conduct restoration activities on all agricultural,construction, land disposal, silvicultural and urban
nonpoint source impacted streams, for the purpose of attaining designated uses, by the year 2015; and conduct necessary restoration activities on all abandoned mine and hydrologic/habitat modified
impacted streams, for the purpose of attaining designated uses, by 2025. - Achieve a 33 percent net gain in healthy, diverse,aquatic ecosystems by 2010, both by maintaining 1998 levels of such systems and by restoring degraded ones.
- Coordinate all watershed-based state and federal programs to deliver consistent policies and services,to local watershed protection and restoration efforts.
- Increase by 5 per year the number of local watershed groups statewide to develop and implement a comprehensive watershed plan to conserve, protect and restore beneficial uses of all surface and groundwater resources.
- Develop new and utilize existing sources of funding for remediation / restoration of pollution problems associated with NPS.
- By 2001, use Geographic Information System (GIS) technology to show stream assessments, locate Best Management Practices (BMP’s) installed and report and track environmental improvements. Use as an interface with other data to develop Total Maximum Daily Loads (TMDLs).
- Rely on incentives, assistance and education, as well as, the existing regulatory programs to emphasize the conservation of existing resources in site design and avoidance and to comprehensively address NPS problems in watershed restoration plans.
- By 2001, develop or expand six nonpoint source education and outreach efforts. Incorporate public input into all phases of the program.
- Assure that cost-effective and reasonable Best Management Practices for nonpoint source pollutant control be achieved.
- By 2015, implement Pennsylvania’s 15-year program strategy for the Coastal Nonpoint Program.
The Division of Watershed Support develops and coordinates the state Nonpoint Source Program. This includes preparing and maintaining a statewide assessment of nonpoint source pollution,and implementing a statewide Nonpoint Source Management Program. The Nonpoint Source program's management plan provides a framework to allocate funds from an annual Clean Water Act Section 319 grant appropriation. Division staff manage a grant program that distributes funds for nonpoint source projects, prioritizes work to correct problems and demonstrates solutions in impaired watersheds. In addition, the division coordinates citizen volunteer water quality monitoring activities and provides watershed program support for local watershed groups and watershed projects.
- Resource Extraction
- Agriculture
- Construction/Urban Runoff
- Land Disposal
- Silviculture
- Hydrologic/Habitat Modifications
- Lakes Management (Section 314 of the Clean Water Act)
- Source Water Protection
Resource Extraction
Past practices of resource extraction and exploration are the major source of nonpoint source pollution to surface and groundwaters in Pennsylvania. Significant deposits of bituminous and anthracite coal, oil and gas occur within Pennsylvania. Coal is found in the western, northcentral and northeastern portions, and oil and gas deposits are concentrated in the western and northcentral portions of the Commonwealth. Environmental problems caused by past coal mining affect 45 of Pennsylvania’s 67 counties and represent one-third of all the abandoned mine related problems in the United States. Mining related pollution is Pennsylvania’s largest contributor to nonpoint source (NPS) pollution. A total of 250,000 acres of land were left unreclaimed, causing over 5,500 miles of polluted streams and 2.6 billion cubic yards of coal refuse covering the landscape. Thousands of abandoned underground mines contain pools of water in passageways and voids which discharge water through their entryways. These underground mines are the worst potential sources of pollution from coal mining; the pools of water may continue to drain indefinitely. Water draining through abandoned coal refuse piles and unreclaimed surface mines also discharges into Pennsylvania waters. Mining related pollution is largely the result of historic mining practices, during which time few laws or regulations governed the way coal could be mined or refuse stored. Pennsylvania pioneered the adoption of laws regulating coal mining such as the Clean Streams Law of 1937, which was prompted by water quality problems from coal mining. The Federal Surface Mining Control and Reclamation Act (SMCRA) was signed into law in 1977. SMCRA was needed to prevent future coal mining from creating pollution problems and to authorize clean up of abandoned mine land problems from past mining. Because of these laws and regulations, more than 97 percent of surface mining operations permitted since 1992 have not caused water pollution.
Agriculture
Agriculture is Pennsylvania’s number one industry. According to the Pennsylvania Department of Agriculture 1995-96 Statistical Summary, Pennsylvania ranks fourth in the Nation in milk production and number of dairy cows. Pennsylvania also has top rankings in: Mushroom Production (First), Total Poultry production (excluding broilers) (Fourth), Cattle production (Seventeenth), Calves (Fourth), Hogs (Thirteenth), Sheep (Seventeenth), Turkeys (Eighth), Tree Fruits (Fourth/Fifth). The approximately 51,000 farms in Pennsylvania represent a major economic force. These agricultural enterprises help feed the citizens of Pennsylvania, the United States and they also contribute quality agricultural products to world markets. There are 6.5 million acres of crops and hay producing lands in the state. These lands yield products valued at over $1.5 billion. In addition, Pennsylvania’s mushroom production contributes $274 million, dairy products contribute $1.5 billion, livestock $1.4 billion, egg production $265 million, broiler production $203 million and turkey production $92 million. These figures demonstrate how vital agriculture is to Pennsylvania’s economy. The nonpoint source impacts of agriculture on the environment are also a major concern to Pennsylvania. Recent studies have shown that 39 percent of all nonpoint source pollution in Pennsylvania comes from agricultural lands. Examples of nonpoint source problems associated with agriculture include: erosion and resulting sedimentation of waterways, improper manure and fertilizer management, improper manure storage and unintended effects of pesticides. Significant state and federal efforts have been made to reduce soil erosion, sedimentation of waterways and other agriculture-related nonpoint source problems. Pennsylvania has recently passed nutrient management legislation in the form of Act 6 of 1993. Cost-share programs have been developed to help support this legislation. Other state and federal program funds have been used to reduce nonpoint source pollution from agriculture.
Construction/Urban Runoff
This nonpoint source pollution category encompasses two major subcategories, highway construction, and new land development that includes residential, industrial, commercial, institutional and recreational construction. Uncontrolled runoff from these construction sites can cause significant soil erosion and localized sediment pollution in streams and other water bodies. The Commonwealth has a well-established and nationally recognized Erosion and Sediment Pollution Control (E & SPC) Program. Pennsylvania’s E & SPC Program is administered by the Department and county conservation districts coordinated through a delegation of the Department’s authorities to county conservation districts. Joint responsibilities for program implementation include the processing and issuance of permits, complaint investigations, site inspections, compliance and enforcement. BMPs are reviewed for design and performance effectiveness through permit plan reviews and periodic site inspections at the construction site. Standards and criteria for minimizing erosion and preventing sediment pollution are contained within the Department’s Chapter 102 rules and regulations as authorized under the Clean Streams Law. These regulations apply to any earth disturbance activity including land development; and road, highway and bridge construction. Chapter 102 requires that an erosion and sediment pollution control plan be developed and implemented for earth disturbance activities. Each plan must specify the control measures and facilities (BMPs) that will be used to minimize erosion and prevent sediment pollution from the earth disturbance activity. The NPDES (National Pollutant Discharge Elimination System) Permit Program for Stormwater Discharges from Construction Activities integrates the Commonwealth’s Erosion Control requirements. Both the Department and county conservation districts facilitate implementation of BMPs by conducting numerous training seminars and workshops for persons, municipalities and other parties engaged in undertaking earth disturbance activities. The Department provides direct support, training and financial assistance to county conservation districts to maintain their proficiency and program involvement.
Land Disposal
The Land Disposal category covers several major programs and potential nonpoint sources of pollution. Landfills, both municipal and industrial, active and abandoned, have the potential to cause significant degradation of surface and groundwater. The identification and clean up of hazardous waste sites is one of Pennsylvania’s top environmental priorities. These potential nonpoint sources of pollution are regulated through programs administered by the Bureau of Land Recycling and Waste Management (BLRWM). The land application of municipal biosolids, if properly carried out, offers significant nutrient reuse benefits. If not properly managed however, it can pose a nonpoint threat to surface waters. Pennsylvania ‘s many onlot sewage disposal systems are also potential sources of nonpoint pollution to groundwater. Programs regulating biosolids and onlot sewage systems are administered by the Bureau of Water Quality Protection (BWQP).
Silviculture
The major nonpoint source pollution concern with silvicultural activities is soil erosion and sediment loading to surface water from timber harvesting and road construction. Best management practices (BMPs) have been used to reduce the effects of such problems. Chapter 102 of the Department’s rules and regulations requires that an erosion and sediment pollution control plan be developed for every earth disturbance activity. Implementation of program activities are shared by DEP and county conservation districts, including the processing and issuance of earth disturbance permits, complaint handling, site inspections and compliance activities.
Hydrologic/Habitat Modifications
Indirect changes in hydrology that result in nonpoint pollution include: changing land uses, increasing impervious surface areas, lack of stormwater management, lack of floodplain management, unlimited livestock access to streams and removal of riparian vegetation. Hydrologic modification such as channelization, dredging, dam construction, bridge construction and any encroachment into a body of water or watercourse are regulated in Pennsylvania and require permits.
Lakes Management (Section 314 of the Clean Water Act)
Section 314 of the Clean Water Act focuses on lakes. Clean Lakes initiatives are now funded through Section 319. Pennsylvania has approximately 4,000 lakes, ponds and reservoirs that total about 161,000 water acres. The State’s Park System includes 150 lakes and ponds located in 72 different parks and include a total of 33,460 water acres. Boating, swimming, fishing and other recreational activities are often a part of a lake community. Pennsylvania’s lake management regulation is codified in the Department’s Rules and Regulations at Section 95.6 - Discharges to Lakes, Ponds and Impoundments which sets forth treatment requirements for point source discharges necessary to control eutrophication. The Department of Conservation and Natural Resources has also developed a Lake Management Plan for state park lakes that identifies individual lake needs. These individual problems have often been excluded from the overall maintenance and planning concerns of the parks. The challenge in lake management is to involve the people in the watershed in preventing nonpoint source pollution and restoring riparian habitat.
Source Water Protection
Since the 1996 reauthorization of the Safe Drinking Water Act, DEP has been working to develop a Source Water Assessment and Protection Program related to raw water quality of drinking water sources serving public water systems (PWSs). The objective of the source water assessments is to rank the susceptibility of the drinking water source to existing or potential sources of contamination in the assessment area. The existing or potential sources of contamination may be within the jurisdiction of a regulatory or support program to reduce environmental contamination. All of these federal and state programs directly or indirectly recognize the critical nature of protecting public health and safety through safe drinking water supplies with emphasis on sources serving PWSs. Therefore, addressing the existing or potential sources of contamination in a source water assessment area is a cooperative effort. Congress intended the source water assessments to support local, voluntary source water protection programs and interagency program cooperation to address these priority issues to public health and safety. Local source water protection programs will be rightfully expecting DEP, state and federal program cooperation in addressing the priority impacts to their public drinking water sources. EPA will be increasing its efforts to cooperate with other federal agencies and direct its federal programs to emphasize and prioritize public health and safety through the Source Water Assessment and Protection Program. Nonpoint sources of contamination are now the primary cause of maximum contaminant level (MCL) violations and drinking water treatment problems. Protecting sources of public drinking water and support for local source water protection programs are a priority for the Department. The objectives are not always coincident with biological criteria. A stream may meet water quality standards but still pose a potential public health threat and a treatment problem for a PWS. The Drinking Water State Revolving Fund set aside funds will be used to enhance source water protection activities and protect human health in areas where nonpoint source (NPS) is a major problem. These areas will also be a priority for 319 funding to implement a comprehensive watershed restoration plan.
