EQB adopts Proposed Rulemaking – Water Quality Standards for Manganese and Implementation
The EQB met this morning and adopted the Proposed Rulemaking – Water Quality Standards for Manganese and Implementation – by a vote of 14 to 5.
Senator Yaw (R-Lycoming) made a Motion, seconded by Rep. Metcalfe (R-Butler) to Table the proposal and have DEP come back to the EQB with the addition of language asking for public comment on the impacts on re-mining. Basically, he wanted to add language creating a Chapter 95.11, which amends 25 PaCode Chapter 95 (Wastewater Treatment Requirements). However, I do not have the actual language he was proposing, as it was only handed out during the meeting to EQB members. Senator Yaw’s Motion FAILED in an 8 to 11 vote.
The DEP’s power point presentation has not yet been posted on the EQB website, but below is the information that is currently posted.
The next steps are a 45-day public comment period upon publication in the Pennsylvania Bulleting (Feb-March timeframe).
Proposed Rulemaking: Water Quality Standards for Manganese and Implementation (25 Pa. Code Chapters 93 and 96)
- PowerPoint Presentation (will be available after meeting)
- Executive Summary (PDF)
- Preamble (PDF)
- Annex A (PDF)
- Regulatory Analysis Form (PDF)
- Human Health Rationale (PDF)
- DEP’s proposal to set a new toxic substance health standard for manganese:
- Acknowledges the legislative requirement in Act 40 of 2017 to propose a regulation moving the point of compliance for manganese to the point of all existing or planned surface potable water supply withdrawals; AND
- To support proposing a regulation, either through the Annex or by discussion in the Preamble (whichever is the most legally appropriate) that adds manganese to Table 5 in Section 93.8(c) as a toxic substance for human health at the level of 0.3 mg/L. The compliance point for this standard will be met in all surface water, as described in section 96.3(c); AND
- To request public comment on his combined approach for consideration in developing a final regulation.
Special thanks to:
Erik A. Ross
Milliron & Goodman Government Relations, LLC.
200 North 3rd Street
Harrisburg, PA 17101