PROPOSED RULEMAKINGS

ENVIRONMENTAL

QUALITY BOARD

[ 25 PA CODE CHS. 121 AND 139 ]

Measurement and Reporting of Condensable Particulate Matter Emissions

The Environmental Quality Board (Board) proposes to

amend Chapters 121 and 139 (relating to general provisions; and sampling and testing) to read as set forth in

Annex A.

The proposed rulemaking would amend Chapter 139 to

update and clarify what sampling and testing methods

are used to demonstrate compliance with certain particulate matter (PM) emission limitations. The proposed

amendment to § 139.12(a) (relating to emissions of particulate matter) explains the process used for determining

compliance with filterable PM emission standards in

§§ 123.11—123.13 (relating to combustion units; incinerators; and processes). The proposed amendments to

§ 139.12(b) and (c) explain the process used for determining compliance with filterable and condensable PM emission limitations. The proposed amendment to § 139.12(d)

explains the compliance demonstration process. The proposed amendment to § 139.53 (relating to filing monitoring reports) specifies where monitoring reports must be

filed.

In addition to these substantive changes, the proposed

rulemaking would amend Chapter 121 to add the following terms and definitions in § 121.1 (relating to definitions): ‘‘condensable particulate matter’’ and ‘‘filterable

particulate matter.’’

This proposed rulemaking was adopted by the Board at

its meeting on April 17, 2012.

A. Effective Date

This proposed rulemaking will be effective upon finalform publication in the Pennsylvania Bulletin.

B. Contact Persons

For further information, contact Arleen Shulman, Chief,

Division of Air Resource Management, P. O. Box 8468,

Rachel Carson State Office Building, Harrisburg, PA

17105-8468, (717) 772-3436; or Robert ‘‘Bo’’ Reiley, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box

8464, Rachel Carson State Office Building, Harrisburg,

PA 17105-8464, (717) 787-7060. Information regarding

submitting comments on this proposed rulemaking appears in Section J of this preamble. Persons with a

disability may use the Pennsylvania AT&T Relay Service,

(800) 654-5984 (TDD users) or (800) 654-5988 (voice

users). This proposed rulemaking is available on the

Department of Environmental Protection’s (Department)

web site at www.depweb.state.pa.us (DEP Search/Keyword:

Public Participation).

C. Statutory Authority

This proposed rulemaking is authorized under section

5(a)(1) of the Air Pollution Control Act (act) (35 P. S.

§ 4005(a)(1)), which grants the Board the authority to

adopt rules and regulations for the prevention, control,

reduction and abatement of air pollution in this Commonwealth, and section 5(a)(8) of the act, which grants the

Board the authority to adopt rules and regulations designed to implement the Clean Air Act (CAA) (42 U.S.C.A.

§§ 7401—7671q).

D. Background and Purpose

PM is the term for a mixture of solid particles and

liquid droplets found in the air. Some particles, such as

dust, dirt, soot and smoke, are large or dark enough to be

seen with the naked eye. Other particles are so small

they can only be detected using an electron microscope.

PM includes ‘‘inhalable coarse particles,’’ with diameters

larger than 2.5 micrometers and smaller than 10 micrometers (PM-10), DEP and ‘‘fine particles,’’ with diameters that are 2.5 micrometers and smaller (PM2.5).

Epidemiological studies have shown a significant correlation between elevated levels of PM2.5 and a number of

serious health effects, including premature mortality,

aggravation of respiratory and cardiovascular disease (as

indicated by increased hospital admissions, emergency

room visits, absences from school or work and restricted

activity days), lung disease, decreased lung function,

asthma attacks and certain cardiovascular problems such

as heart attacks and cardiac arrhythmia. See 70 FR 944

(January 5, 2005) and 72 FR 20586 (April 25, 2007).

The United States Environmental Protection Agency

(EPA) established the PM National Ambient Air Quality

Standard (NAAQS) at 36 FR 8186 (April 30, 1971). The

test method specified for determining attainment of the

original standards was the high volume sampler, which

collects filterable PM up to a nominal size of 25 to 45

micrograms (referred to as total suspended particulate).

See 75 FR 80118, 80120 (December 21, 2010).

The Department of Environmental Resources, the predecessor agency to the Department, initially promulgated

PM emission standards for combustion units, incinerators

and processes under §§ 123.11—123.13 at 1 Pa.B. 1804

(September 11, 1971). Test methods for determining emissions of PM were promulgated under § 139.12 at 2 Pa.B.

383 (March 4, 1972). These methods included the use of

both dry filters and wet impingers to test for filterable

and condensable PM.

The Department deleted the requirement to use wet

impingers to test for PM at 27 Pa.B. 6804 (December 27,

1997) because that provision was more stringent than the

applicable Federal requirement and provided little environmental benefit. Under this change, the owners and

operators of existing stationary sources subject to

§§ 123.11—123.13 are only required to test for compliance with filterable PM emission standards.

The EPA revised the PM NAAQS to add a new

standard for fine particles, using PM2.5 as the indicator,

at 62 FR 38652 (July 18, 1997). The EPA set the

health-based (primary) and welfare-based (secondary)

PM2.5 annual standard at a level of 15 micrograms per

cubic meter (μg/m3

) and the 24-hour standard at a level

of 65 μg/m3

. The health-based primary standard is designed to protect human health from elevated levels of

PM2.5. The secondary standard is designed to protect

against major environmental effects of PM2.5 such as

visibility impairment, soiling and materials damage.

Subsequently, at 71 FR 61236 (October 17, 2006), the

EPA lowered the primary and secondary 24-hour NAAQS

for PM2.5 to 35 μg/m3 from 65 μg/m3

. The following

counties or portions thereof have been designated by the

EPA as nonattainment for the 2006 fine particulate

matter 24-hour NAAQS: Allegheny (partial), Armstrong

(partial), Beaver, Bucks, Butler, Cambria, Chester, Cumberland, Dauphin, Delaware, Greene (partial), Indiana

(partial), Lancaster, Lawrence (partial), Lebanon, Lehigh,

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Montgomery, Northampton, Philadelphia, Pittsburgh/

Liberty-Clairton (partial), Washington, Westmoreland and

York. See 74 FR 58688, 58758 (November 13, 2009).

Section 110 of the CAA (42 U.S.C.A. § 7410) requires

state and local air pollution control agencies to develop,

and submit to the EPA for approval, State Implementation Plans (SIPs) that provide for the attainment, maintenance and enforcement of the NAAQS in each air quality

control region (or portion thereof) within each state. The

emissions inventories and analyses used in the state’s

attainment demonstrations must consider PM-10 and

PM2.5 emissions from stationary sources that are significant contributors of primary PM-10 and PM2.5 emissions.

Section 51.50 of 40 CFR (relating to what definitions

apply to this subpart) defines primary PM-10 and PM2.5

as including both the filterable and condensable fractions

of PM. Filterable PM consists of those particles that are

directly emitted by a source as a solid or liquid at the

stack (or similar release conditions) and captured on the

filter of a stack test train. Condensable PM is the

material that is in vapor phase at stack conditions but

condenses or reacts, or both, upon cooling and dilution in

the ambient air to form solid or liquid PM immediately

after discharge from the stack. The Commonwealth defines primary PM-10 and PM2.5 in a similar manner as

measured by the applicable reference method or equivalent method. See § 121.1.

The EPA promulgated revisions to its test methods for

measuring filterable PM-10 and PM2.5 and for measuring

condensable PM emissions from stationary sources at 75

FR 80118. The final amendments to Method 201A add a

particle-sizing device to allow for sampling of particulate

matter with mean aerodynamic diameters less than or

equal to 2.5 micrometers (PM2.5 or fine particulate matter). The final amendments to Method 202 revise the

sample collection and recovery procedures of the method

to reduce the formation of reaction artifacts that could

lead to inaccurate measurements of condensable PM. The

Department incorporates Methods 201A and 202 by reference in the Department’s Source Testing Manual under

§ 139.4(5) (relating to references).

Proposed § 139.12(a) clarifies that the owner and operator subject to the PM emission standards under

§§ 123.11—123.13 are required to test only for filterable

PM as provided in paragraphs (1)—(5). These owners and

operators would not be subject to the filterable and

condensable PM test requirements proposed under subsections (b)—(d).

Proposed § 139.12(b) clarifies that the owner and operator of a stationary source subject to PM-10 and PM2.5

emission limitations shall determine compliance with

those limitations by using tests measuring both filterable

and condensable PM. This subsection also clarifies that

the owner and operator of a stationary source subject to

applicability determinations under Chapter 127,

Subchapters D and E (relating to prevention of significant

deterioration of air quality; and new source review) shall

demonstrate compliance for filterable and condensable

PM-10 and PM2.5 emissions.

Additionally, the proposed amendment to § 139.12(c)

explains the process used for determining compliance

with filterable and condensable PM emission limitations.

The proposed amendment to § 139.12(d) explains the

compliance demonstration process for the measurement

and reporting of filterable and condensable PM.

The proposed amendment to § 139.53 amends where

monitoring reports must be filed.

The Department consulted with the Air Quality Technical Advisory Committee (AQTAC) on the proposed rulemaking on October 20, 2011. Prior to concurring with the

Department’s recommendation to present the proposed

rulemaking to the Board for consideration, the AQTAC

recommended that clarifications be made regarding the

definition of ‘‘condensable particulate matter’’ and the

effective compliance date for the provisions in § 139.12(b)

and (d). The proposed rulemaking was revised to address

the AQTAC’s concerns. The Department also consulted

with the Citizens Advisory Council Air Committee on

January 31, 2012.

Because this proposed rulemaking updates and clarifies

the applicability of certain requirements to which the

owners and operators of certain stationary sources are

already subject, the proposed rulemaking does not impose

new or additional requirements or compliance costs on

these owners and operators.

The proposed rulemaking is reasonably necessary to

attain and maintain the 1997 annual and 2006 24-hour

PM2.5 NAAQS and to satisfy related CAA requirements.

The proposed rulemaking will be submitted to the EPA

upon final-form publication as a revision to the Commonwealth’s SIP.

E. Summary of Regulatory Requirements

§ 121.1. Definitions

The proposed rulemaking amends § 121.1 to add definitions for the terms ‘‘condensable particulate matter’’ and

‘‘filterable particulate matter’’ to support the proposed

amendments to Chapter 139. These definitions are consistent with the Federal definitions.

§ 139.12. Emissions of particulate matter

The proposed rulemaking designates the existing language in § 139.12 to proposed subsection (a) and adds

proposed subsections (b)—(d) to clarify filterable and

condensable PM testing applicability requirements. Subsection (a) clarifies that the listed test procedures are to

determine emissions of filterable PM only and not condensable PM from affected stationary sources for compliance with the PM emission standards in §§ 123.11—

123.13.

Subsection (b) provides that the owner or operator of a

stationary source subject to emission limitations for

PM-10 and PM2.5 or to applicability determinations required under Chapter 127, Subchapters D and E shall

demonstrate compliance for both filterable and condensable PM-10 and PM2.5 emissions.

Subsection (c) provides that compliance with a PM

emission limitation issued by the Department prior to

January 1, 2011, may not be based on condensable PM

unless required by the terms and conditions of a plan

approval, operating permit or the SIP in 40 CFR 52.2020

(relating to identification of plan).

Subsection (d) provides that a compliance demonstration required under subsection (b) or (c) must include the

measurement and reporting of filterable and condensable

PM. Test methods and procedures must be equivalent to

those specified in § 139.4(5).

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§ 139.53. Filing monitoring reports

The proposed rulemaking amends § 139.53 to specify

that the periodic emissions monitoring test reports shall

be submitted to the applicable Regional Air Program

Manager instead of the Regional Air Pollution Control

Engineer and a copy of the report shall be submitted to

the Chief of the Division of Source Testing and Monitoring. This proposed amendment makes the filing of monitoring reports more efficient and timely.

F. Benefits, Costs and Compliance

Benefits

The proposed rulemaking would account for emissions

of condensable PM, which contribute to the formation of

PM2.5 in the atmosphere. Because condensable emissions

exist almost entirely in the 2.5 micrometer range and

smaller, and epidemiological studies have shown a significant correlation between elevated PM2.5 levels and premature death, aggravation of heart and lung disease and

asthma attacks, attaining and maintaining the PM2.5

NAAQS is inherently more significant to the management

of public health and welfare effects than attaining and

maintaining prior PM NAAQS addressing larger particles. Therefore, it is important that the Commonwealth’s

air quality management of PM2.5 promote a comprehensive and inclusive approach to measuring condensable PM

emissions. Improved data will support development of

better control strategies to reduce emissions of condensable PM and improve public health and welfare in areas

that are designated as nonattainment for PM2.5.

Compliance Costs

Because this proposed rulemaking updates and clarifies

the applicability of certain requirements to which owners

and operators of certain stationary sources are already

subject, the proposed rulemaking does not impose new or

additional requirements or compliance costs on the owners and operators of these existing stationary sources.

Compliance Assistance Plan

The regulated community is comprised of companies

with sophisticated and experienced environmental staff.

The owners and operators of these facilities have prior

experience with regulatory programs and are technically

capable of implementing the amended EPA test methods.

The Department will post information on its web site to

assist the public in understanding the requirements

placed on the owners and operators of subject facilities.

Paperwork Requirements

Because this proposed rulemaking updates and clarifies

the applicability of certain requirements to which the

owners and operators of certain stationary sources are

already subject, the proposed rulemaking does not impose

additional paperwork requirements on the owners and

operators of these existing stationary sources.

G. Pollution Prevention

The Pollution Prevention Act of 1990 (42 U.S.C.A.

§§ 13101—13109) established a National policy that promotes pollution prevention as the preferred means for

achieving state environmental protection goals. The Department encourages pollution prevention, which is the

reduction or elimination of pollution at its source, through

the substitution of environmentally friendly materials,

more efficient use of raw materials and the incorporation

of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with

greater efficiency because they can result in significant

cost savings to facilities that permanently achieve or

move beyond compliance. The major pollution prevention

mechanism in the proposed rulemaking is to ensure a

comprehensive, inclusive and accurate approach to measuring condensable PM emissions. Improved data will

support the development of better control strategies to

reduce emissions of condensable PM and improve public

health and welfare in areas that are designated as

nonattainment for PM2.5.

H. Sunset Review

These regulations will be reviewed in accordance with

the sunset review schedule published by the Department

to determine whether the regulations effectively fulfill the

goals for which they were intended.

I. Regulatory Review

Under section 5(a) of the Regulatory Review Act (71

P. S. § 745.5(a)), on June 22, 2012, the Department

submitted a copy of this proposed rulemaking and a copy

of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Environmental Resources

and Energy Committees. A copy of this material is

available to the public upon request.

Under section 5(g) of the Regulatory Review Act, IRRC

may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the

close of the public comment period. The comments, recommendations or objections must specify the regulatory

review criteria which have not been met. The Regulatory

Review Act specifies detailed procedures for review, prior

to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.

J. Public Comments

Written comments. Interested persons are invited to

submit comments, suggestions or objections regarding the

proposed rulemaking to the Environmental Quality

Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th

Floor, 400 Market Street, Harrisburg, PA 17101-2301).

Comments submitted by facsimile will not be accepted.

Comments, suggestions or objections must be received by

the Board on or before September 10, 2012. Interested

persons may also submit a summary of their comments to

the Board. The summary may not exceed one page in

length and must also be received on or before September

10, 2012. The one-page summary will be provided to each

member of the Board in the agenda packet distributed

prior to the meeting at which the final regulation will be

considered.

Electronic comments. Comments may be submitted electronically to the Board at RegComments@pa.gov and

must also be received by the Board on or before September 10, 2012. A subject heading of the proposed rulemaking and a return name and address must be included

in each transmission. If an acknowledgement of electronic

comments is not received by the sender within 2 working

days, the comments should be retransmitted to the Board

to ensure receipt.

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K. Public Hearings

The Board will hold three public hearings for the

purpose of accepting comments on the proposed rulemaking. The hearings will be held as follows:

August 7, 2012

1 p.m.

Department of Environmental

Protection

Southwest Regional Office

Monongahela Conference Room

400 Waterfront Drive

Pittsburgh, PA 15222-4745

August 9, 2012

1 p.m.

Department of Environmental

Protection

Southeast Regional Office

Schuylkill River Conference Room

2 East Main Street

Norristown, PA 19401

August 10, 2012

1 p.m.

Department of Environmental

Protection

Rachel Carson State Office Building

Conference Room 105

400 Market Street

Harrisburg, PA 17105

Persons wishing to present testimony at a hearing are

requested to contact the Environmental Quality Board,

P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-

4526 at least 1 week in advance of the hearing to reserve

a time to present testimony. Oral testimony is limited to

10 minutes for each witness. Witnesses are requested to

submit three written copies of their oral testimony to the

hearing chairperson at the hearing. Organizations are

limited to designating one witness to present testimony

on their behalf at each hearing.

Persons in need of accommodations as provided for in

the Americans with Disabilities Act of 1990 should contact the Board at (717) 787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) or

(800) 654-5988 (voice users) to discuss how the Board

may accommodate their needs.

MICHAEL L. KRANCER,

Chairperson

Fiscal Note: 7-477. No fiscal impact; (8) recommends

adoption.

Annex A

TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL

PROTECTION

Subpart C. PROTECTION OF NATURAL

RESOURCES

ARTICLE III. AIR RESOURCES

CHAPTER 121. GENERAL PROVISIONS

§ 121.1. Definitions.

The definitions in section 3 of the act (35 P. S. § 4003)

apply to this article. In addition, the following words and

terms, when used in this article, have the following

meanings, unless the context clearly indicates otherwise:

*****

Condensable particulate matter—Material that is

vapor phase at stack conditions but which condenses or reacts, or both, upon cooling and dilution

in the ambient air to form solid or liquid particulate matter immediately after discharge from the

stack. All condensable particulate matter, if present

from a source, is typically in the PM2.5 size fraction

and therefore all of it is a component of both

primary PM2.5 and primary PM-10.

*****

Filterable particulate matter—Particles directly

emitted by a source as a solid or liquid at the stack,

or similar release conditions, and captured on the

filter of a stack test train.

*****

CHAPTER 139. SAMPLING AND TESTING

Subchapter A. SAMPLING AND TESTING

METHODS AND PROCEDURES

STATIONARY SOURCES

§ 139.12. Emissions of particulate matter.

(a) Tests for determining emissions of filterable particulate matter from stationary sources to demonstrate

compliance with the particulate matter emission

standards in §§ 123.11—123.13 (relating to combustion units; incinerators; and processes) shall conform

with the following:

(1) Test methods for particulate matter emissions shall

include dry filters and provide for at least a 95% collection efficiency of particulate matter.

*****

(5) Results shall be calculated based upon sample train

component weights specified in § 139.4(5). Results shall

be reported as pounds of particulate matter per hour and

in accordance with the units specified in §§ 123.11—

123.13 [ (relating to particulate matter emissions) ].

(b) The owner or operator of a stationary source

subject to emission limitations for PM-10 and PM2.5

or to applicability determinations required under

Chapter 127, Subchapters D and E (relating to

prevention of significant deterioration of air quality; and new source review) shall demonstrate compliance for filterable and condensable PM-10 and

PM2.5 emissions.

(c) Compliance with a particulate matter emission limitation issued by the Department prior to

January 1, 2011, will not be based on condensable

particulate matter unless required under the terms

and conditions of a plan approval, operating permit

or the State Implementation Plan codified in 40

CFR 52.2020 (relating to identification of plan).

(d) A compliance demonstration required under

subsection (b) or (c) must include the measurement

and reporting of filterable and condensable particulate matter. Test methods and procedures must

be equivalent to those specified in § 139.4(5).

Subchapter B. MONITORING DUTIES OF

CERTAIN SOURCES

GENERAL

§ 139.53. Filing monitoring reports.

(a) Persons responsible for the operation of sources

subject to monitoring requirements established by order,

by condition of plan approval or permit or under this

subchapter, shall submit periodic reports of the results of

tests, samples or observations conducted, obtained or

made in accordance with the methods or techniques

referenced in § 139.52 (relating to monitoring methods

and techniques). The reports shall be:

*****

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(4) Submitted to the Regional Air [ Pollution Control

Engineer ] Program Manager for the region of the

Department in which the source is located and a copy to

the Chief of the Division of Source Testing and

Monitoring.

*****

[Pa.B. Doc. No. 12-1291. Filed for public inspection July 6, 2012, 9:00 a.m.]

[ 25 PA. CODE CH. 93 ]

Triennial Review of Water Quality Standards

The Environmental Quality Board (Board) proposes to

amend Chapter 93 (relating to water quality standards)

to read as set forth in Annex A.

This proposed rulemaking was adopted by the Board at

its April 17, 2012, meeting.

A. Effective Date

This proposed rulemaking will be effective upon finalform publication in the Pennsylvania Bulletin.

B. Contact Persons

For further information, contact Rodney A. Kime, Chief,

Division of Water Quality Standards, Bureau of Point and

Non-Point Source Management, 11th Floor, Rachel

Carson State Office Building, P. O. Box 8774, Harrisburg,

PA 17105-8774, (717) 787-9637; or Michelle Moses, Assistant Counsel, Bureau of Regulatory Counsel, 9th Floor,

Rachel Carson State Office Building, P. O. Box 8464,

Harrisburg, PA 17105-8464, (717) 787-7060. Persons with

a disability may use the AT&T Relay Service, (800)

654-5984 (TDD users) or (800) 654-5988 (voice users).

This proposed rulemaking is available on the Department

of Environmental Protection’s (Department) web site at

http://www.depweb.state.pa.us.

C. Statutory Authority

These proposed amendments are made under the authority of sections 5(b)(1) and 402 of The Clean Streams

Law (act) (35 P. S. §§ 691.5(b)(1) and 691.402), which

authorize the Board to develop and adopt rules and

regulations to implement the act, and section 1920-A of

The Administrative Code of 1929 (71 P. S. § 510-20),

which grants to the Board the power and duty to

formulate, adopt and promulgate rules and regulations

for the proper performance of the work of the Department. In addition, section 303 of the Federal Clean Water

Act (33 U.S.C.A. § 1313) sets forth requirements for

water quality standards and 40 CFR 131.41 (relating to

bacteriological criteria for those states not complying with

Clean Water Act section 303(i)(1)(A)) sets forth bacteria

criteria for coastal recreation waters in the Commonwealth.

D. Background and Purpose of the Amendment

The water quality standards, which are generally codified in Chapter 93, are designed to implement sections 5

and 402 of act and section 303 of the Clean Water Act.

This proposed rulemaking fulfills the Federally-required

triennial review of water quality standards as mandated

by the Clean Water Act (33 U.S.C.A. §§ 1251—1387). The

water quality standards consist of the existing and designated uses of the surface waters of the Commonwealth,

along with the specific numerical and narrative criteria

necessary to achieve and maintain those uses, and an

antidegradation policy. Thus, water quality standards are

in-stream water quality goals that are implemented by

imposing specific regulatory requirements, such as treatment requirements, best management practices and effluent limitations, on individual sources of pollution.

Water quality standards are an important element of

the Commonwealth’s water quality management program.

Some type of water quality standard has been in use for

approximately 75 years in this Commonwealth. One of

the early actions after the Sanitary Water Board (SWB)

was created in 1923 was to classify streams by priority

for water quality management actions. In 1947, the SWB

classified the streams in this Commonwealth by the

degree of treatment that had to be provided before

discharge could occur. Article 301—Water Quality Control,

which specifically contained water uses, general and

specific water quality criteria, and designated water uses,

was added to the SWB’s rules and regulations on June

28, 1967. The SWB was then abolished on January 19,

1971, following the formation of the Department of

Environmental Resources (DER) in 1968. Responsibilities

for developing and maintaining the water quality criteria

and standards and other related regulations were transferred to the DER. New or revised specific water quality

criteria and standards were developed by the DER for the

surface waters in this Commonwealth and formally

adopted into Chapter 93 at 1 Pa.B. 1804 (September 11,

1971).

The DER completed its first major review and complete

overhaul of the water quality criteria and standards in

1979. After a series of public hearings and extensive

public participation, revisions to the water quality criteria

and uses were incorporated into Chapter 93. The United

States Environmental Protection Agency (EPA) Region III

formally approved the revisions to the Commonwealth’s

water quality standards on January 26, 1981. Section

303(c)(1) of the Clean Water Act requires that states

periodically, but at least once every 3 years, review and

revise as necessary, their water quality standards. Additional reviews and revisions were made to the Commonwealth’s water quality standards during 1985, 1989 and

1994. The Department, which was created in June 1995

after splitting DER into two agencies by approval of the

Conservation and Natural Resources Act (71 P. S.

§§ 1340.101—1340.1103), began to conduct its first comprehensive review of water quality standards regulations,

policies and implementation procedures which became the

basis for the next triennial review. Additional reviews and

revisions were made to the Commonwealth’s water quality standards during 1998, 1999, 2000, 2002, 2004 and

2009 to address amendments for the Great Lakes Initiative, antidegradation policies, the Water Quality Standard

Regulatory Basics Initiative Triennial and several other

corrective amendments.

This proposed rulemaking constitutes the Commonwealth’s current triennial review of its water quality

standards.

On January 11, 2012, the Department’s Water Resources Advisory Committee (WRAC) voted to present

this proposed rulemaking package to the Board. In

addition, the Department provided to the Agricultural

Advisory Board (AAB) on August 17, 2011, a regulatory

agenda that included the triennial review of water quality

standards. The AAB declined the need for consideration

at the regularly scheduled October 19, 2011, meeting.

E. Summary of Issues and Proposed Regulatory Revisions

The following is a detailed description of proposed

amendments to Chapter 93.

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