EQB Approves Final Reg. Setting Manganese Toxics Water Quality Standard, RACT For Major Sources Of Nitrogen Oxides

On August 9, the Environmental Quality Board voted 16 to 3 to approve a final regulation setting a science-based manganese standard of 0.3mg/L as a Water Quality Criteria for Toxic Substances to protect public health and environment and make the point of compliance for the standard at the point of discharge into a river or stream.

Representatives of Rep. Daryl Metcalfe (R-Butler) and Sen. Gene Yaw (R-Lycoming) on the Board expressed several concerns about the regulation, including whether the final regulation meets the requirements of Act 40 of 2017.

The Board also approved a final regulation setting RACT (Reasonably Available Control Technology Standards) for major sources of nitrogen oxides.

DEP said it is still reviewing the rulemaking petitions the EQB accepted last November for review recommending higher bond plugging amounts for conventional and unconventional oil and gas wells.  Read more here 

DEP said it is specifically reviewing the impact of the new law blocking the Board from increasing bonding amounts for conventional oil and gas operators on their response to the petitions.  Read more here.

DEP also said it will bring Part II of the regulation reducing emissions of VOC/methane from conventional oil and gas facilities to the Board  “soon,” but in time to avoid $500 million in federal highway sanctions by the December 16, 2022 EPA deadline.  Read more here.

Part I of the VOC/methane reduction regulation covering unconventional shale gas facilities was approved by the Independent Regulatory Review Commission on July 21.  Read more here.

On August 2, Republicans on the House Environmental Resources and Energy Committee reported out a concurrent resolution hoping to block publication of the Part I regulation and risk the $500 million federal highway sanctions.  Read more here.

Both Part I and Part II have to be finalized before December 16, 2022 to avoid the sanctions.

Manganese Standard

DEP is addressing a standard for manganese because a 2017 change in state law (Act 40), added at the last minute as part of a budget-related bill without public review, directed the Environmental Quality Board to adopt a proposed manganese standard within 90 days that includes a 1 milligram/liter manganese standard established under 25 Pa Code Chapter 93.7 and changing the point of compliance from the point pollution enters a stream to the point where it is taken out by a water user (25 Pa Code Chapter 96.3).

The 1 milligram/liter standard is 20 times the level of manganese that water suppliers are allowed to have in their water supplies, according to EPA’s secondary maximum contaminant level. Read more here..

The last minute change was a favor to the coal industry and shifts the burden for treating manganese discharges from mine sites and other sources from those who pollute the water to those using the water, like public water suppliers.

The change in law swept away 28 years of environmental protection for Pennsylvania waterways impacted by the consequences of acid mine drainage, and imposed additional testing, monitoring and treatment at public water supply operations along these waterways.

Local government groups, drinking water suppliers and many other groups opposed the last minute amendment, which Republican legislators ignored. Read More here.

DEP said it complied with Act 40 of 2017 by including what the law required at the proposed rulemaking stage of this regulation.

Public Comments

DEP said it received 957 comments on the proposed regulation-- 924 supporting the protective 0.3my/L health standard and the existing point of compliance at the discharge point.

Three public water systems said changing the point of compliance to the point where the water is taken from a stream for use, from the existing point of compliance for the standard when water is discharged into a stream, would cost them an estimated $100 million.

Pennsylvania American Water said capital costs of moving the point of compliance to where water is taken from a stream would be $40-$60 million in capital costs, plus up to $1.4 million annually in operating costs.

Reading Area Authority estimated $2.1 million in capital costs, plus $15.8 million in 20 year operating costs.

The City of Lancaster said moving the point of compliance to where the water is taken out would result in tens of millions in capital costs and millions of dollars in lost water filtration plant efficiency.

Nine PA Sportsmen’s, watershed, environmental groups strongly supported the 0.3mg/L manganese Water Quality Criteria for Toxic Substances and not changing the existing point of compliance at the point of discharge, as well as the PA Rural Water Association, PA Municipal Authorities Association, Fish & Boat Commission, PA Environmental Council and the Chesapeake Bay Foundation.  Read more here.

DEP notes in its summary the Water Resources Advisory Committee and Public Water Systems Technical Assistance Center Board voted to support the final-form rulemaking and the Aggregate Advisory Board offered no comments.

The Mining and Reclamation Advisory Board passed a motion recommending the EQB not proceed with the final regulation.

For more information and available handouts, visit the Environmental Quality Board webpage.  Contact: Laura Griffin laurgriffi@pa.gov or 717-772-3277.

[Posted: August 9, 2022]  PA Environment Digest