DEP/Environmental Quality Board Withdraws Proposed Regulation Changing Notification Requirements For Spills, Releases Saying Technical Guidance Is More Appropriate

On April 8, the Department of Environmental Protection sent a letter to the Independent Regulatory Review Commission on behalf of the Environmental Quality Board withdrawing a proposed regulation from the rulemaking process that would change notification requirements for spills and releases.

The proposed regulation was intended to provide clarity on the issue of when companies and other responsible parties are required to notify DEP of spills and releases to protect the waters of the Commonwealth from pollution.

The regulation was adopted for proposed rulemaking by the Board in November 2024 and published for comment on April 5, 2025 and was the subject of a public hearing.  Read more here.

In an April 8 email to EQB members and other stakeholders, DEP said-- “the Board received more than 1,110 public comments and testimony on the proposed rulemaking from the business community, municipal authorities, water utilities, trade associations, environmental groups, local governments, and the public.”

“Considering the competing perspectives from a diverse group of commentators, the Department of Environmental Protection (Department) believes that guidance, rather than a regulatory revision, is a better tool for providing increased clarity and basis for consistency on this topic, while allowing for the situation-specific flexibility that is inherently needed when it comes to evaluating the likelihood that any particular unauthorized discharge will threaten or cause pollution to waters of the Commonwealth.

“The Department's goal continues to be to provide more clarity and basis for consistency about which unauthorized discharges require immediate Department notification. 

“The Department will be moving to finalize Guidance on Reporting Requirements for Spills, Discharges, and Other Incidents of a Substance Causing or Threatening Pollution to Waters of the Commonwealth Under Pennsylvania’s Steams Law, which was previously published as draft guidance on this topic. 

“This guidance will be used as the basis for training regional staff. The Department anticipates publishing the final technical guidance document by the end of 2026.”

“On April 8, 2026, notification of this action was sent to the Senate Environmental Resources and Energy Committee, the House Environmental and Natural Resource Protection Committee, and IRRC.”

Questions should be directed to Lauren Imgrund, Director, Policy Office, Department of Environmental Protection, by e-mail at limgrund@pa.gov or by telephone at (717) 772-4052.

Background On Spill Notification

This issue was first raised by Sen. Gene Yaw (R-Lycoming) in 2019 when he introduced Senate Bill 619 that redefined water pollution under the state Clean Streams Law and let companies decide when they should notify DEP of a spill.

The legislation was opposed by sportsmen, environmental, the PA Environmental Council and Environmental Defense Foundation, county conservation districts and many other groups.  Read more here.

The bill was introduced in response to the concerns of Merck Sharp & Dohme Corporation which was unhappy with an April 17, 2017 settlement with DEP over an appeal of a stormwater pollution prevention permit for its West Point, Montgomery County plant (Environmental Hearing Board Docket No. 2015-011-L).

Legal counsel for Merck testified in favor of Senate Bill 619 on September 30, 2020 before the House Environmental Resources and Energy Committee.  Read more here.

The last version of the legislation, changed from the original-- Senate Bill 286 (Yaw-R-Lycoming)-- was reported out of the Senate Environmental Resources and Energy Committee on January 31, 2023 and Tabled.

Resource Links:

-- Environmental Quality Board Invites Comments On Spill Notification Regulation Changes; May 15 Virtual Hearing  [PaEN] 

-- DEP Invites Comments On Notification Requirements For Spills, Discharges Threatening To Pollute Streams; Response To Bills Changing Definition Of Water Pollution  [PaEN] 

-- PA Conservation Districts Oppose Bill Redefining Water Pollution, Letting Polluters Decide When To Report Spills  [PaEN] 

-- 9 PA Sportsmen's, Watershed, Environmental, Mine Reclamation, Conservation Groups Strongly Support Protective Water Quality Standard For Manganese  [PaEN] 

-- Trout Unlimited Opposes Senate Bill 619 To Redefine Water Pollution In PA Saying It Will Harm Aquatic Life, Human Health  [PaEN] 

-- PA Environmental Council, EDF Oppose ‘Sweeping And Unwarranted’ Changes In Definition Of Water Pollution In Senate Bill 619  [PaEN] 

-- Republicans On House Environmental Committee Report Out Bill Redefining Water Pollution, Letting Companies Decide When To Report Spills  [PaEN] 

-- House Environmental Committee Holds Sept. 30 Info Meeting On Bill Redefining Spills, Discharges To Streams As No Longer Pollution  [PaEN] 

-- CBF-PA Urges House Not To Act On Senate Bill 619 Redefining Water Pollution  [PaEN] 

-- Senate Republicans Pass Senate Bill 619 Fundamentally Changing Definition Of Water Pollution Effectively Making Spills And Discharges To Streams No Longer Pollution   [PaEN] 

[Posted: April 8, 2026]  PA Environment Digest