The purpose of this document is to provide guidance on the immediate notification requirements for unauthorized discharges of a substance that would cause or threaten pollution to waters of this Commonwealth, endanger downstream users or damage property.
DEP originally published the draft guidance for comment in October 2021.
DEP said major changes from the original version included--
-- Revisions to clarify what incidents and activities can result in unauthorized discharges, and which unauthorized discharges require immediate Department notification under 25 Pa. Code § 91.33(a) (relating to incidents causing or threatening pollution).
-- Revisions that identify other notification requirements and guidance that may apply to unauthorized discharges from certain types of facilities or activities (for example, storage tanks, oil and gas wells and solid waste facilities).
-- Revisions to clarify how standards for surface waters and groundwater relate to notification requirements for unauthorized discharges.
-- Addition of factors to the example risk characterization framework, as recommended by commenters.
-- Revisions to several of the example scenarios and associated text to clarify the intent of the examples, and to clarify why each example scenario either requires, may require or does not require immediate Department notification.
-- Addition of a brief section regarding how the Department uses its enforcement discretion
DEP received comments from 639 commenters, including 582 identical form letter comments, and prepared a Comment/Response Document to respond to those comments.
However, the comments were not matched to the individuals or groups who made the comments in the document. There is simply a list of commenters at the end of the document.
Click Here for a copy of the Final Guidance and the Comment/Response Document.
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.
DEP developed and put out for comment this draft Guidance on the issue on October 16, 2021.
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.
In November 2024, moving in a different direction, DEP had the Environmental Quality Board adopt a proposed regulation outlining spill notification requirements and published the regulation for comment on April 5, 2025. Read more here.
In an April 8, 2026 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.” Read more here.
“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.”
DEP did just that and went straight to a final guidance document with the changes outline above.
For more information on environmental programs in Pennsylvania, visit DEP’s website. Submit Environmental Complaints; Click Here to sign up for DEP’s newsletter; sign up for DEP’s eNotice; Like DEP on Facebook, Follow DEP on Twitter and visit DEP’s YouTube Channel.
[Posted: August 23, 2026] PA Environment Digest
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