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Water Quality Standard for Manganese; Advance Notice of Proposed Rulemaking

Water Quality Standard for Manganese; Advance Notice of Proposed Rulemaking

 

FYI

The January 27, 2018 (available online) Pennsylvania Bulletin includes the “Advance Notice of Proposed Rulemaking for the Manganese Standard” that we have been waiting for since language was placed in the Administrative Code:

 

A provision included in the Administrative Code bill (HB 118 or Act 40 of 2017) directs the Environmental Quality Board to adopt a proposed manganese standard within 90 days (before January 29, 2018) that includes the 1 milligram/liter manganese standard established under 25 Pa Code Chapter 93.7 and insure the standard is met at the point of intake for water suppliers (25 Pa Code Chapter 96.3).

 

Section 1920-A. Environmental Quality Board.–* * *

(j)  The board shall promulgate regulations under the act of June 22, 1937 (P.L.1987, No.394), known as “The Clean Streams Law,” or other laws of this Commonwealth that require that the water quality criteria for manganese established under 25 Pa. Code Ch. 93 (relating to water quality standards) shall be met, consistent with the exception in 25 Pa. Code § 96.3(d) (relating to water quality protection requirements). Within ninety days of the effective date of this subsection, the board shall promulgate proposed regulations.

 

The 1 milligram/liter standard is 20 times the level of manganese that water suppliers are allowed to have in their water supplies, according to EPA’s secondary maximum contaminant levels.

 

Pennsylvania Bulletin

 

Water Quality Standard for Manganese; Advance Notice of Proposed Rulemaking

 

The Department of Environmental Protection (Department) is soliciting information for the development of proposed amendments to Chapters 93 and 96 (relating to water quality standards; and water quality standards implementation) in response to a recent amendment to section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20), regarding the Environmental Quality Board (Board). This amendment directs the Board to promulgate proposed regulations related to manganese (Mn) within 90 days of its enactment on October 30, 2017. The Department, through this advance notice of proposed rulemaking (ANPR), is soliciting information necessary to prepare the rulemaking documents required by law to support the Board’s adoption of the required proposed regulations. The information received in response to this ANPR will be used to evaluate the adequacy of the existing Mn water quality criterion when the point of compliance is moved to the location of an existing or planned surface potable water supply (PWS) withdrawal, as directed by the recent statutory amendment.

 

Specific Information Requested by the Department

 

DEP is requesting specific information from public water suppliers such as:

 

  • Information regarding the Chapter 96 compliance point for the Mn standard

 

  • Information related to the adequacy of the existing PWS Chapter 93 Mn standard

 

  • Information related to the development of additional Chapter 93 Mn standards for other protected uses

How to provide data and information

Written or electronic documents will be accepted. Electronic documents may be submitted through eComment at http://www.ahs.dep.pa.gov/eComment or by e-mail to RegComments@pa.gov .

Written documents should be sent to the Department of Environmental Protection, Policy Office, 400 Market Street, P.O. Box 2063, Harrisburg, PA 17105-2063. Documents must be received by February 26, 2018. A subject heading must be included noting that the document is being submitted in response to the Advance Notice of Proposed Rulemaking for Water Quality Standard for Manganese. A return name and address must be included in each letter or transmission. Documents will not be accepted by facsimile or voice mail.

Contact Persons

For further information, contact Thomas Barron, Bureau of Clean Water, 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.

 

 

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