New NPDES Regulations Proposed

April 2010Newsletters In The Zone

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The Pennsylvania Environmental Quality Board (Board) proposes to rescind 25 Pa. Code Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance) and replace it with a new Chapter 92a of the same name. This chapter describes the process that the Department of Environmental Protection (Department) uses to issue National Pollutant Discharge Elimination System (NPDES) permits for point source discharges of treated wastewater and stormwater to meet the requirements of the Federal Clean Water 1251—1387 and The Clean Streams Law (35 P. S. Act 33 U.S.C.A. §§ 691.1—691.1001).

The primary goal of the proposed rulemaking is to reorganize the existing Chapter 92 so that it will be consistent with the organization of the companion federal regulations as set forth in 40 CFR Part 122 (relating to EPA administered permit programs: the National Pollutant Discharge Elimination System). This general reorganization is extensive and requires that Chapter 92 be replaced with a new chapter, Chapter 92a, to avoid confusion.

A new NPDES permit fee structure designed to cover the Commonwealth's share of the cost of running the NPDES program is being proposed. Several new provisions to incorporate recent new requirements in the federal program are also proposed. Certain treatment requirements are proposed to be added or reorganized to standardize the Department's approach to discharges of treated sewage and industrial wastewater.

For more information, please contact Robert W. Gundlach, Jr. at 215.918.3636 or [email protected].