Key Contacts
PADEP Proposing Changes to Spill Reporting under 25 Pa. Code Section 91.33
On November 12, 2024, the Environmental Quality Board adopted a proposed rule to clarify the immediate notification requirements for unauthorized discharges that would cause or threaten pollution of waters of the Commonwealth, endanger downstream users, or damage property under 25 Pa. Code § 91.33. The proposed rule would incorporate the Federal list of reportable quantities (RQ) of specific hazardous substances in 40 C.F.R. § 117.3 that, if discharged in a quantity greater than or equal to those quantities, must be immediately reported to the Pennsylvania Department of Environmental Protection. If the hazardous substance is discharged in a quantity less than the RQ, then the proposed rule would require the responsible person to evaluate and document the following five factors to determine that the substance does not cause or threaten pollution, endanger downstream users or cause property damage: (1) the properties of the substance or substances involved, including any harmful effects caused by such substance, the persistence of the substance in the environment, the mobility of the substance in soil and water, and the concentration and quantity of the substance; (2) the location of the discharge including the proximity to nearby waters, the characteristics of the nearby waters, land use, soils and geology, and the presence and qualities of relevant infrastructure, such as spill containment systems; (3) the weather conditions before, during, and after the incident; (4) the presence and implementation of adequate response plans, procedures or protocols; and (5) the duration of the accident or other activity. If any single one or combination of factors can adequately establish that there is no risk of the substance reaching waters of the Commonwealth, such as when a spill occurs into secondary containment or where a spill response plan is used to immediately capture all of a substance with low mobility, then, under the proposed rule, immediate notification would not be required.
The Environmental Quality Board will soon be publishing notice of the proposed rule in the Pennsylvania Bulletin. Interested parties will have an opportunity to submit comments on the proposed rule before it is finalized.
If you would like to learn more about the proposed changes and how they may impact a facility’s reporting obligations, please reach out to MGKF’s Jessica Hunt or call 484-430-5700.
