EQB Adopts Proposed Regulation Setting Compliance Schedules For Communities With Combined Sewer Overflow Problems

On October 19, the Environmental Quality Board adopted a proposed regulation setting compliance schedules for communities with combined sewer overflow problems for public comment.

The proposed rulemaking would modify the Department’s NPDES regulations concerning schedules of compliance to allow for a period of time greater than five years for a permittee with combined sewer overflow (CSO) discharges to comply with state water quality standards 

Due to the scale of infrastructure modifications and financial commitments involved with implementing Long-Term Control Plans, implementation schedules exceeding 20 years are common. 

However, the Department’s regulation in § 92a.51(a) currently requires that any discharge not in compliance with WQS and effluent limitations or standards must achieve compliance as soon as practicable, but in no case longer than 5 years.

The EPA has expressed concerns that the Department’s practice of approving LTCP implementation schedules exceeding 5 years is inconsistent with the existing language in § 92a.51(a) that requires compliance within 5 years. 

To resolve the inconsistency, this rulemaking proposes to amend § 92a.51(a) to allow the Department to approve NPDES permits for CSO dischargers with compliance schedules beyond the 5-year period currently established in the regulations, but not longer than the implementation period in the discharger’s approved LTCP.

The EQB voted to accept a rulemaking petition on redesignating Saltlick Run Watershed in Clearfield County for study.

For more information and available handouts, visit the Environmental Quality Board webpage.  Questions should be directed to Laura Griffin by sending an email to: laurgriffi@pa.gov or calling 717-772-3277. 

[Posted: October 19, 2021]  PA Environment Digest