February 7, 2013 Shawn M. Garvin Regional Administrator U.S.

EPA Region III 1650 Arch Street Philadelphia, PA 19103-2029 Email: R3_RA@epa.gov Cc: richardson.william@epa.gov Dear EPA Regional Administrator Garvin: The Susquehanna River is in grave danger! We, the undersigned organizations, are requesting the Environmental Protection Agency (EPA) to begin protecting and restoring the Susquehanna River in Pennsylvania by listing it as impaired under the Clean Water Act. The Susquehanna River is one of Pennsylvanias crown jewels. The Susquehanna River carves a 444-mile winding path that begins in central New York and rolls through Pennsylvania to bring 22 billion gallons of fresh water daily to the Chesapeake Bay. It is a major draw for recreation and tourism, and supports the quality of life for residents that live along the river, not to mention it being the source of drinking water for many communities. Just a few years ago, it was known for its world-class sport fishery of smallmouth bass. The lower Susquehanna River -- a warm water fishery and once home to great numbers of prize winning smallmouth bass is now home to rapidly declining numbers of diseased bass. We have learned of studies of declining smallmouth population, diseased juvenile smallmouths, adults bearing nasty-looking lesions and weird spots, male smallmouth showing sexual mutations, and water quality problems that include high pH, low dissolved oxygen and excessive nutrients. Even Pennsylvania Department of Environmental Protection (DEP) Secretary Krancer admits: we recognize that there are issues facing smallmouth bass, such as what is called young-of-year die-offs; lesions on adult bass; and inter-sexing of the species. 1 Our organizations are concerned about the health of the lower Susquehanna River. Since 1972, the Clean Water Act has protected our health and environment by reducing the pollution in streams, lakes, rivers, wetlands and other waterways. The Clean Water Act is aimed at making our nations waters swimmable, fishable, and drinkable. A starting point in the Clean Water management program is a states periodic obligation to evaluate its waters and determine whether the waters are meeting designated uses. As EPA regulations explain: States must adopt those water quality criteria that protect the designated use. 2 Yet DEP is unwilling to take the next step declaring the lower Susquehanna River as an impaired waterway under the Clean Water Act. EPA has the duty and authority to make this declaration based on its own evaluation. Under Section 303(d)(2) of the Clean Water Act, 33 U.S.C. 1313(d)(2), if EPA disapproves or partially disapproves the state's Category 5 list of impaired waters, it must make the necessary corrections to the state's list within 30 days. EPA can partially disapprove a list because some waters have been omitted and add these few waters to the state's list.3 Here, EPA must correct such an omission by partially disapproving Pennsylvania's 2012 Category 5 list and adding the 98 miles of impaired waterway.

1 2

http://www.portal.state.pa.us/portal/server.pt/community/news_releases/14288 40 C.F.R. 131.11(a). 3 http://water.epa.gov/lawsregs/lawsguidance/cwa/tmdl/overview.cfm

The Pennsylvania Fish and Boat Commission has requested the state Department of Environmental Protection to designate the Susquehanna as impaired under the Clean Water Act so that more work can be done to research and remedy the problems, and a timeline must be established for finding a solution. Last May, twenty two retired DEP water quality managers wrote to the DEP Secretary, stating there was ample justification to make that determination.4 Local newspapers and organizations have joined in. 5 These smallmouth bass are in great danger and the citizens and visitors to Pennsylvania are losing their right to the designated use of this fishery. The Pennsylvania Fish and Boat Commission has asked the DEP to designate 98 miles of the Susquehanna watershed as impaired. The studies and documents supporting this determination can be found on the Commissions website.6 However, the Department of Environmental Protection remains unwilling to declare segments of the Susquehanna River impaired. You have recently received the DEP final 2012 Integrated Waters report, which does not list the lower Susquehanna River as impaired.7 To declare the lower Susquehanna impaired, It is not necessary to know the cause or source of the impairment. According to EPA's most recent fact sheet, there are thousands of miles of impaired waters nationwide where the causes or sources are not yet identified. In fact, DEP's proposed and past lists of impaired waters also includes numerous streams with unknown causes or sources. A declaration of impaired is the means used through EPAs Integrated Waters Report program to bring together the attention and resources needed to figure out why a waterway is suffering and then to enact a program to fix the problems by various means, including the reduction of pollution inputs. This is the moment in time to employ this program to start on the path to restoring this great river. In addition, the time is ripe for EPA action due to other Chesapeake Bay issues. The river ultimately flows into the Chesapeake Bay, which is experiencing its own problems that some are blaming on upriver actions. The more Pennsylvania can examine the health of the river now, the better position the state will be in to address these other concerns. The public should be involved in this review. There is a river community along the Susquehanna. Besides the Fish and Boat Commission, plenty of fishermen, businesses, conservationists, and river-users are willing to play a role in aiding the river they love. Please take the action necessary under the Clean Water Act to list this important waterway as impaired. Respectfully submitted,

Letter, http://www.fish.state.pa.us/water/rivers/susquehanna/susqimpairment/2012_05_16_RetiredDEPEmployeesSupport.pdf;The Patriot-News, May 22, 2012, http://www.pennlive.com/letters/index.ssf/2012/05/dep_should_classify_river_as_i.html 5 The Daily Item, Dec. 15, 2012 http://dailyitem.com/0110_editorials/x520561264/State-of-the-Susquehanna-stillin-flux; The Patriot-News, Dec. 21, 2012, http://www.pennlive.com/opinion/index.ssf/2012/12/susquehanna_river_blues_lets_get_to_bottom_of_problem _in_2013.html#incart_river 6 http://www.fish.state.pa.us/susq-impairment.htm
7

http://www.depweb.state.pa.us/portal/server.pt/community/water_quality_standards/10556/integrated_water_ quality_report_-_2012/1127203

Thomas Y. Au Conservation Chair Sierra Club Pennsylvania Chapter Brian Wagner President Pennsylvania Council Trout Unlimited George Jugovic, Jr. President and CEO Citizens for Pennsylvanias Future (PennFuture) Michael R Helfrich Lower Susquehanna RIVERKEEPER Stewards of the Lower Susquehanna, Inc. John C. Rossi President Overview Anglers Club Inc. Richard A. Martin Coordinator PA Forest Coalition Karen Feridun Founder Berks Gas Truth Nadia Steinzor Eastern Program Coordinator Earthworks' Oil & Gas Accountability Project Kimberly L. Snell-Zarcone, Esquire Policy Director Conservation Pennsylvania Anna N. Yelk Executive Director The Central Pennsylvania Conservancy Maya van Rossum The Delaware Riverkeeper Delaware Riverkeeper Network Curt Ashenfelter Executive Director Keystone Trails Association Justin Pittman President Cumberland Valley Trout Unlimited Chapter