PA Senate Environmental Resources and Energy Committee Takes No Action on New Stormwater Regulations

July 2010Newsletters In the Zone

After the Pennsylvania Independent Regulatory Review Committee approved the final-form Chapter 102 rulemaking on June 17, the state legislative oversight committees exercised their option to review the regulations for 14 calendar days. However, in a letter sent on June 29 , Senate Committee Chairwoman Mary Jo White (R-21) informed DEP Secretary John Hanger that the committee does not intend to take any formal action on the new erosion and sedimentation pollution control/stormwater regulations.

The committee could have voted to "disapprove" the rulemaking, which would have sent the disapproval to the full General Assembly for its consideration. However, since the committee opted against taking any action, the final-form regulations will move forward with likely publication in the Pennsylvania Bulletin in mid-July. With an effective date 90 days after publication, the new rules will take effect across the Commonwealth sometime in November.

The committee still recognizes that many aspects of the new Chapter 102 regulations are impractical and will pose a hardship on many future applications. In lieu of taking formal action on the Chapter 102 regulations, the committee has expressed the possibility of fixing some of the onerous aspects through a legislative fix to the Pennsylvania Clean Streams Act. Such a bill would need to go through the normal legislative process.

For more information, please contact Clair E. Wischusen at 215.918.3559 or [email protected].