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The attached report analyzes the Chapter 111
Rules and Regulations and compares them to existing federal requirements.
The evaluation and recommendations in this report
are intended to stimulate constructive discussion of how Pennsylvania`s
environmental requirements can be made more effective. It does
not represent a final recommendation of the Department of Environmental
Protection.
The Regulatory Basics Initiative is a multi-step
process for evaluating regulations and policies using several
factors: are requirements more stringent than federal rules without
good reason, do they impose economic costs disproportionate to
the environmental benefit, are they prescriptive rather than performance-based,
do they inhibit green technology and pollution prevention strategies,
are they obsolete or redundant or written in a way that causes
significant noncompliance.
Recommendations for changing DEP regulations and
policies will be made only after the evaluation process is complete
and with the active participation of the public.
Please contact Michael Sherman, Bureau of Land and
Water Conservation at 717783 7577 or by Email
at Sherman.Michael@dep.state.pa.us.
Program and Regulation History
The Commonwealth enacted the Storm Water Management
Act in 1978. The Department of Environmental Resources issued
stormwater watershed planning guidelines in May, 1985 to guide
the development and implementation of the program. The objective
of the program is to prevent or mitigate the adverse impacts related
to the conveyance of excessive rates and voluming of stormwater
runoff.
Chapter 111, Stormwater Management
Grants and Reimbursements, amended August 27, 1985 was promulgated
to govern the awarding of financial grants to county and municipal
governments for their planning and implementation activities conducted
under the authority of the Act.
Counties are eligible for reimbursement for costs
in preparing or revising watershed stormwater plans. Municipalities
are eligible for reimbursement of costs incurred for the preparation,
administration, enforcement and revision of local ordinances and
regulations as required by the final watershed stormwater management
plan.
Federal Citation
There is no equivalent federal regulation for providing
grants and reimbursement for stormwater watershed planning. Stormwater
watershed planning is not a federal requirement at the national
level.
Comparative Analysis
A comparative analysis is not possible because of
the absence of any equivalent federal or state regulation governing
grants and reimbursements. The Chapter 111 regulations were
developed to specifically provide a funding mechanism for watershed
planning as authorized by the Commonwealth's Storm Water Management
Act, Act 167.
Statutory, Policy, Technical Recommendations
Chapter 111, Stormwater Management
Grants and Reimbursements provides the regulatory mechanism to
reimburse local government for portions of the costs incurred
to develop watershed stormwater plans and implement local ordinances.
Changes to the regulation are not necessary or appropriate at
this time. Any revisions to the regulations would be driven by
amendments to Act 167, the Storm Water Management Act or
the Storm Water Management Guidelines which are reviewed and approved
by the General Assembly.
Cost/Benefit Analysis
The regulation allows local government to be reimbursed
for 75% of their costs in participation in the watershed planning
program. Costs to local government to obtain reimbursement are
minimal. Grant applications require completion of simple application
forms.
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