The Environmental Quality Board is scheduled to hold a virtual meeting March 16 to consider a final regulation increasing NPDES water quality permit application and annual fees.

The agenda also includes a report on the adequacy of fees supporting the Water and Wastewater System Operators Certification Program.

The Board may also hear an update on DEP’s review of a 2019  rulemaking petition that would create a cap-and-trade program to reduce carbon pollution from all major sources of greenhouse gas emissions in the state.  Read more here.

Water Quality Fees

DEP began the process to update Chapter 91 and 92a wastewater and NPDES water quality permit and administration fees in 2016.

Chapter 91 wastewater facility fees have not been increased since 1971 and NPDES permit fees were last increased in 2010.

The Water Quality permit fee increases (Chapter 91) would cover from 500 to 600 applicants annually and the NPDES permit fee increases (Chapter 92a) would cover approximately 4,000 facilities.

The final fee package for most categories of permits has fees that continue to be significantly less than those of most neighboring states.

Since 2007, DEP’s Clean Water Program staff has been reduced by 25 percent due to cuts in state General Fund appropriations.

DEP believes 25 additional staff are necessary in the Bureau of Clean Water to adequately carry out its responsibilities.

The U.S. Environmental Protection Agency has told DEP several times since 2010 the agency does not have adequate resources to carry out its federally mandated responsibilities for the NPDES Program, including the MS4 Stormwater Pollution Prevention Program.

DEP’s changes would increase permit fees to make up for cuts in General Fund appropriations a total of $6.5 million-- Chapter 92a NPDES-- $4.5 million-- and Chapter 91 Water Quality-- $2 million-- permit fees.

Documents related to this draft final regulation are posted on the EQB webpage.

Operator Certification

The agenda also includes a report on the adequacy of fees supporting the Water and Wastewater System Operators Certification Program.

The report does not recommend changing fees for the program at this time.  Read more here.

Carbon Pollution Reduction Petition

In November of last year, DEP told the Environmental Quality Board they expect to present a report and recommendation on a rulemaking petition proposing a cap-and-trade program to reduce carbon pollution from all major sources of greenhouse gas emissions in the state during the first quarter of 2021.  Read more here.

The EQB accepted the 407-page climate cap-and-trade petition for study on April 16, 2019.  Read more here.

The petition was submitted by Robert B. McKinstry, Jr., the Clean Air Council, Widener University Environmental Law and Sustainability Center and eco(n)law LLC.   It calls for eliminating greenhouse gas emissions from all major sources in Pennsylvania by 2052 .

Since the petition was submitted, the Environmental Quality Board adopted its own proposal to reduce carbon pollution from power plants which should be finalized by the end of this year. 

Visit DEP’s Regional Greenhouse Gas Initiative webpage to learn more.

The meeting will start at 9:00 a.m..  Click Here to register to join the meeting via WebEx.  Also join the meeting via conference call 415-655-0003 Access Code: 132 798 7106.

For more information and available handouts, visit the Environmental Quality Board webpage.  Questions should be directed to Laura Griffin, 717-772-3277, laurgriffi@pa.gov.

[Posted: March 4, 2021]

3/8/2021