PA Environment Digest

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Regulations, Technical Guidance & Permits

Here are highlights of actions taken by agencies on environmental regulations, technical guidance and permits.

Regulations -----------------------

The Public Utility Commission published notice in the May 16 PA Bulletin of an advanced notice of proposed rulemaking on the certification of water and wastewater utility acquisitions, mergers and transfers.

A public utility must obtain a certificate of public convenience from the Commission in order to offer, render, furnish, or supply public utility service in Pennsylvania.

The Commission is inviting comments on these specific topics--

-- How might the Commission simplify the requirements of Section 3.501 for well-established utilities without hindering the traditional policy goals of Section 3.501 and 3.502?

-- What are the expected benefits of reducing requirements applicable to existing utilities? How would those benefits be passed on to ratepayers?

-- What, if any, issues arise from allowing existing utilities the option to meet the requirement of 3.501(a)(1)(ii)(A) following the completion of an original cost study after the transaction has closed, in lieu of submitting this information with an application?

-- What alternative documentation could be provided as evidence an application complies with the following subsections of Section 3.501

-- What are the potential costs and benefits to the addition of a requirement to Section 3.501(a)(6) requiring the applicant to provide a copy of any DEP-approved Sewage Facilities Planning Modules and/or the current Act 537 Official Sewage Facilities Plan, if applicable? -- What alternative documentation could be provided to show that an application complies with Act 537 and what are the costs and benefits of these alternatives?

-- What alternative documentation could be provided by wastewater utilities in an application which assures compliance with the requirements of Section 5 of the Pennsylvania Sewage Facilities Act (35 P.S. § 750.5) and what are the costs and benefits of these alternatives?

-- Should Section 3.501(a)(6) be revised to include providing evidence of DEP Chapter 105 Permits for water systems that have or will have impoundments with dams or reservoirs in accordance with DEP regulations in 25 Pa. Code § 105?

-- What alternative documentation could be provided by applicants to satisfy the present requirements of Section 3.501(a)(7) and what are the costs and benefits of these alternatives?

-- Should Section 3.501(d) be revised to use a less than 60-day protest period for an application either in limited circumstances or in all circumstances?

-- Should Section 3.501(d) be revised to require publication of the notice of an application once a week for two consecutive weeks in a newspaper of general circulation located in the territory covered by the application, rather than the requirement in Section 3.501(d) to publish daily for two consecutive weeks?

-- Should applicants be required to provide evidence that anticipated subdivisions and land developments to be served by the utility in the requested service territory have been granted preliminary and final plan municipal approval?

-- Parties should discuss the extent to which Section 3.501 should apply to applications filed pursuant to Section 1329 of the Public Utility Code, 66 Pa.C.S. § 1329, and the Commission's Section 1329 Application Filing Checklist, and what changes to Section 3.501 might be made in order to better comport with 66 Pa.C.S. § 1329.

-- Parties should discuss whether applicants should follow additional processes and procedures regarding property owners that would be required to connect to an applicant's system upon application approval but which have not requested service from the utility, including, but not limited to, property owners located in municipalities which have adopted a mandatory connection ordinance.

-- Parties should discuss if an acquiring utility should identify the existence of lead service lines (LSLs) or damaged wastewater service laterals (DWSLs) and the projected costs to remove LSLs or replace DWSLs within the territory to be acquired.

-- Parties should propose any changes to Section 3.502 they deem relevant.

Public comments are due 60 days from the date of publication in the PA Bulletin.

Written comments should be submitted to Docket No. L-2020-3017232 via the Commission's e-File System or in writing. (Read the entire PA Bulletin notice for more instructions.)

Questions about this advanced notice of proposed rule making should be directed to Assistant Counsel Christian McDewell, 717-787-7466, cmcdewell@pa.gov, and Supervisor, Water/Wastewater, Bureau of Technical Utility Services, Sean Donnelly, 717-783-2505, sdonnelly@pa.gov.

The Fish and Boat Commission published notice in the May 16 PA Bulletin making proposed changes to the Wild Trout Streams list and proposed changes to the list of Class A Wild Trout Waters for public comment.

Pennsylvania Bulletin - May 16, 2020

Technical Guidance -------------------

No new technical guidance published this week.

Permits ------------

The Department of Environmental Protection published notice in the May 16 PA Bulletin inviting comments on a proposed Air Quality General Permit for Natural Gas-Fired Combined Heat And Power Facilities of less than 25 megawatts. (formal notice)

The general permit includes Best Available Technology requirements to meet emission limits for oxides of nitrogen, carbon monoxide, non-methane non-ethane hydrocarbons, formaldehyde, total particulate matter and carbon dioxide.

The general permit includes initial and continuous scheduled performance testing requirements, as well as periodic emissions monitoring using portable emissions analyzers.

The general permit also includes monitoring, recordkeeping and reporting requirements designed to keep the facility operating within all applicable State and Federal air quality requirements, such as: records of maintenance performed; municipal notifications; malfunction reporting; and annual facility inventory reporting.

All records required must be maintained onsite or at the nearest local field office for a minimum of 5 years.

The general permit includes an application fee of $1,700 required to authorize the construction of sources subject to New Source Performance Standards and a general operating permit application fee of $375 and an annual operating permit administration fee of $375.

The general permit also includes an administrative amendment fee of $300. The term for the general permit is 5 years and authorization can be renewed before the expiration date.

Click Here for documents related to the draft permit. Comments are due June 29.

Read the entire PA Bulletin notice for more information. Questions should be directed to David Clark, DEP, by sending an email to: davclark@pa.gov or call 717--772-3942.

Note: The Department of Environmental Protection published 56 pages of public notices related to proposed and final permit and approval/ disapproval actions in the May 16 PA Bulletin - pages 2525 to 2581.

Note: DEP Works Thru Pandemic: 1,343 More Permits, 3,317 More Inspections Over Last Week

Sign Up For DEP’s eNotice: Did you know DEP can send you email notices of permit applications submitted in your community? Notice of new technical guidance documents and regulations? All through its eNotice system. Click Here to sign up.

Related Tools ----------------------

Visit DEP’s Public Participation Center for public participation opportunities.