Signing the letter, under the umbrella of the Choose Clean Water Coalition, were-- Audubon Mid-Atlantic; Chesapeake Bay Foundation; Chesapeake Conservation Landscaping Council; Chesapeake Legal Alliance; Chestnut Hill United Church; Clean Water Action; Conservation Voters of Pennsylvania; Eastern Pennsylvania Coalition for Abandoned Mine Reclamation; FracTracker; Lower Susquehanna Riverkeeper Association; Lutheran Advocacy Ministry in Pennsylvania; Market Square Presbyterian Church; National Parks Conservation Association; PennFuture; Penns Valley Conservation Association; Pennsylvania Council of Trout Unlimited; Sierra Club - Pennsylvania Chapter; and Trout Unlimited Waterkeepers Chesapeake.
In addition, PennFuture sent its own 19-page letter providing detailed comments on the proposed change.
The Environmental Quality Board proposed to amend Chapter 91 of the regulations and held a hearing during a comment period that ended in June 4. Read more here.
The text of the letter follows--
We, the undersigned members of the Choose Clean Water Coalition, collectively express our
strong opposition to the Shapiro Administration’s Proposed Rulemaking: Notification
Requirements for Unauthorized Discharges to Waters of the Commonwealth (25 Pa. Code Chapter 91) Pennsylvania’s Clean Streams Law is one of our bedrock environmental laws.
It protects our Commonwealth’s many waters, which are vital to Pennsylvanians’ basic quality of life.
The Clean Streams Law protects the drinking water supplies of millions of Pennsylvanians and protects the waterways that are a critical part of an outdoor recreation system that is a cornerstone of Pennsylvania’s economy and communities.
According to recent data from the U.S. Bureau of Economic Analysis, the outdoor industry supports over 168,000 jobs that provide $9 billion in wages and salaries to Pennsylvanians.
The Proposed Rulemaking would fundamentally weaken the protections given to Pennsylvania’s surface and groundwater under the Clean Streams Law.
It would ultimately result in hinderance of pollution incident awareness, slowed agency response time to potential pollution incidents, and delayed cleanup efforts.
Although the Proposed Rulemaking purportedly “is intended to provide clarity as to which unauthorized discharges require immediate notification,” the reality is that the current law is very clear: if there is a spill that could “endanger downstream users,” it must be reported.
There is nothing unclear or confusing about this rule.
Current regulations in 25 Pa. Code Chapter 91.33 require any individual or company that spills a “toxic substance or another substance which would endanger downstream users of the waters of this Commonwealth, would otherwise result in pollution or create a danger of pollution of the waters, or would damage property, is discharged into these waters—including sewers, drains, ditches or other channels of conveyance into the waters—or is placed so that it might discharge, flow, be washed or fall into them” to notify Pennsylvania Department of Environmental Protection (DEP) of the spill.
There is no evidence now in this Proposed Rulemaking’s limited record that the Department is overwhelmed by frivolous reports.
The Proposed Rulemaking would alter this paradigm, giving polluters broad discretion to
determine whether DEP should be notified of a spill that falls outside of a narrow, limited, federally created list of reportable quantities for specific hazardous substances.
This list does not account for the full range of pollutants that could pose threats to human and environmental health.
Outside this narrow list of required reports, the Proposed Rulemaking lists twelve factors that should be considered in deciding whether to report unauthorized discharge.
Should a company decide not to report, they are required to document their consideration of these factors.
This is a weak requirement that ultimately will not prevent the potentially tremendous harms that are risked here: an entity could simply not report a spill, document it, and wait to see whether they are caught.
As time passes, DEP, municipalities, and private entities lose time to respond to the spill, risking their health, drinking water, and business operations.
Giving a longer lead time also protects polluters, making investigations and enforcement more difficult.
There is also the question of whether entities really have the time during a crisis incident to accurately figure out the metrics to meet some of the factors and trigger the avoidance of having to report a spill.
These lapsed reporting requirements create ambiguity, not clarity, confusion for the public and real concerns for protection of the environment and human health.
Legislation of this nature has failed to pass the General Assembly in multiple sessions and has been opposed by sportsmen, environmental, county conservation districts and many other groups.
Why is the Administration making pollution easier for bad actors and special interests?
The Trump Administration, during its first term, dismantled nearly 100 policies focused on clean air, water, wildlife and toxic chemicals.
In their brief time back in Washington D.C. they’ve already re-escalated their assault on clean water protections through executive actions, launching historic deregulation actions, and announcing major cuts to the Environmental Protection Agency’s budget and workforce.
Now is not the time for Pennsylvania to pursue changes that give industry greater leeway when it comes to protecting our waterways.
In fact, Pennsylvanians of every corner of the Commonwealth will be relying even more on our state officials and agencies to fill in the voids being left by national environmental policies.
The Governor must not let them down.
Based on these factors, we, the undersigned organizations, urge the Environmental Quality Board to reject the Proposed Rulemaking: Notification Requirements for Unauthorized Discharges to Waters of the Commonwealth (25 Pa. Code Chapter 91). We thank you for your time and consideration on this pressing matter.
Click Here for a copy of the letter.
Resource Link:
Related Articles This Week:
-- University Of Maryland Chesapeake Bay & Watershed Report Card Shows Declined Health From 2024, Presents Long-Term Improvement [PaEN]
-- Penn State Extension July 31 In-Person Workshop On Improving Equine Pasture Quality, York County
-- Penn State Extension July 2 Webinar On PFAS 'Forever Chemicals' In Private Wells - Key Influencing Factors [PaEN]
NewsClips:
-- DEP: Getting Stuff Done For The Chesapeake Bay: Pennsylvania’s Impact During Chesapeake Bay Awareness Week [PDF of Article]
-- Senators Yaw, Martin: PA Senate Resolution Designates June 8-14 As Chesapeake Bay Awareness Week In Pennsylvania
-- Interfaith Partners For The Chesapeake Bay: Celebrating Juneteenth & Solstice Around The Watershed
-- Republican Herald Editorial: Penn State Farm In Lackawanna County Can Make Region A Leader In Sustainable Agriculture Research
-- Beaver Times/Inside Climate News- Jon Hurdle: PA Fracking Company Surrenders Water Permits, Can’t Get Enough Water Out Of Big Sewickley Creek In Beaver County
-- PA American Water To Replace More Than 350 Lead Service Lines In Pittsburgh, Mt. Oliver
[Posted: June 10, 2025] PA Environment Digest
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