In April 2025, the Pennsylvania Department of Environmental Protection (PADEP), through the Environmental Quality Board, proposed changes to 25 Pa. Code § 91.33 to clarify the immediate notification requirements for unauthorized discharges that would cause or threaten pollution of waters of the Commonwealth, endanger downstream users, or damage property. Approximately 1,200 comments were submitted on the proposed rule. Our Special Alerts summarizing the proposed changes and comments can be accessed here and here. On February 13, 2026, PADEP released updated Regulatory and Non-Regulatory Agendas. Notably, the proposed regulatory changes to Section 91.33 are no longer identified on PADEP’s Regulatory Agenda. Instead, PADEP intends to update its technical guidance document entitled “Guidance on Reporting Requirements for Spills, Discharges, and other Incidents of a Substance Causing or Threatening Pollution to Waters of the Commonwealth Under Pennsylvania’s Clean Streams Law,” Document ID. 383-4200-003 (Spill Reporting Guidance). At this point, it is unclear whether the updates to the Spill Reporting Guidance will align with the proposed changes to 25 Pa. Code § 91.33, and if and how DEP will address the comments that were previously submitted on the proposed rule. The Non-Regulatory Agenda indicates that PADEP intends to finalize the changes to the Spill Reporting Guidance in the third quarter of 2026.
If you would like to learn more information, please reach out to Manko Gold partners Todd Kantorczyk or Jessica Hunt.