On November 7, 2009, the Pennsylvania Environmental Quality Board ("EQB") published for public comment proposed regulations that would establish significantly more stringent Total Dissolved Solids ("TDS") standards for certain wastewater treatment plant operations. Comments on the proposed regulations may be submitted until February 5, 2010.

High TDS wastewaters subject to the new regulations are defined as a "new discharge" of high TDS that did not exist on April 1, 2009, and include TDS concentration that exceeds 2,000 mg/l or a TDS loading that exceeds 100,000 pounds per day. The proposed regulation also extends to expanded or increased discharges from a facility in existence prior to April 1, 2009. If finalized in their current form, the proposed regulations would largely be implemented by the Pennsylvania Department of Environmental Protection ("PADEP") through the National Pollutant Discharge Elimination System ("NPDES") permit program.

Under the proposed regulations, high TDS effluent criteria have been established along with provisions for exceptions to the effluent criteria where industries are already subject to federal criteria for TDS, total chlorides, and total sulfates. In addition, the section establishes specific criteria for new sources of high TDS wastewater from fracturing, production, field exploration, drilling, or completion of oil and gas wells (e.g., the Marcellus Shale formation). The proposed high TDS effluent requirements for new discharges are as follows:

• discharge may not contain more than 500 mg/l of TDS as a monthly average; of total chlorides as a monthly average; and

• discharge may not contain more than 250 mg/l of total sulfates as a monthly average.

As a result of these proposed regulations, new or increased discharges will be required to install advanced treatment (e.g., reverse osmosis or ultra filtration) to meet the effluent requirements. PADEP projects that the costs for treatment of high TDS wastewaters would be approximately $0.25/gallon. New or expanded high TDS wastewater sources will not be permitted under the proposal unless the applicant proposes to install adequate treatment of TDS by January 1, 2011.

(By Marc Gold and Michael Nines, Manko, Gold, Katcher & Fox, Client Alert – 12/09)  

PADEP has proposed major rule changes for Title 25 PA Code Ch. 102, Erosion and Sediment Control and Stormwater Management (dated August 29, 2009). It is anticipated that the proposed rules will be in effect by the spring of 2010. The proposed rule changes update erosion and sediment ("E&S") control requirements, establish riparian forested buffer provisions, creates a Permit-By-Rule option, and incorporates the Federal Clean Water Act "Phase II" National Pollutant Discharge Elimination System ("N.P.D.E.S.") permits for stormwater discharges associated with construction activities including: post construction management ("PCSM") requirements. Changes include: Updated Permit Fees New Riparian Forested Buffers- Along watercourses:

*150' forested buffer would be required on all Exceptional Value ("EV") watercourses and impaired waters

*100' forested buffer would be required on all other watercourses.

*Existing buffers on a site must meet the requirements proposed by PADEP for native species and for the control of invasive species.

Permit-By-Rule (PBR) - A Permit-By-Rule may be used for low impact projects with riparian buffers but its use is limited to a small percentage of sites within PA due to the many exclusions (steep slopes, geologic formations, Brownfields redevelopment sites, sinkhole development, etc). Under the PBR, a Professional Engineer could certify the Erosion and Sediment Control Plan and Post Construction Stormwater Management Plans.

RT assisted the PA Environmental Council with providing comments on the proposed revisions. Call Gary Brown for more information.  

The Environmental Quality Board this week took the latest in a series of steps to adopt increases in permit review fees for the Department of Environmental Protection totaling about $23.4 million to help offset the dramatic cuts in the agency's General Fund budget.

The EQB adopted changes to Chapter 92 for comment which would result in increasing NPDES water quality permit fee revenue from about $750,000 annually to about $5 million. In addition to increasing permit review fees, the agency is also proposing an annual permit administration fee for the first time.

The new NPDES fees will have an impact on 5,000 industrial and public wastewater treatment systems across the state as well as about 5,000 applicants applying for NPDES General Permits.

In July the EQB finalized changes to permit fees for Marcellus Shale natural gas drilling applications to increase revenue from about $935,000 a year to $8.4 million for FY 2009-10.

In June changes were proposed to Chapter 102 Erosion and Sedimentation regulations to increase application fees to yield about $7.3 million annually instead of about $635,000. Much of the increase-- about $5 million- would go to county conservation districts which perform this permit review work.

Other fee changes include--

-- Proposed Laboratory Accreditation fees increased from $500,000 to $1.3 million;

-- Proposed Air Quality fee increases from $20.2 million to $24.4 million; and

-- DEP's Mining and Reclamation Advisory Board is now consider substantial fee increases for mining permits.

Only the Marcellus Shale fees have been finalized so far.

(PA Environment Digest - 11/23/2009)