Withdrawal of the Federal Antidegradation Policy for all Waters within the Commonwealth of Pennsylvania

EPA-820-F-10-002; May 2010

The U.S. Environmental Protection Agency (EPA) is taking final action on a proposed rule published on September 15, 2008 to withdraw the federal antidegradation policy for Commonwealth of Pennsylvania that EPA promulgated in 1996.

• Background
• Impacts
• For more information

Background

On June 6, 1994, EPA disapproved portions of Pennsylvania’s antidegradation policy that were not consistent with federal antidegradation requirements. When Pennsylvania did not fix the disapproved portions of its antidegradation policy in a timely manner, EPA promulgated a federal antidegradation policy for Pennsylvania on December 9, 1996.

Since 1996, Pennsylvania has adopted new antidegradation regulations and published antidegradation implementation guidance which EPA has subsequently approved under the Clean Water Act.

In September 2008, EPA published a Direct Final Rule with a Parallel Proposed Rule to withdraw the federal antidegradation policy for the Commonwealth of Pennsylvania. In November 2008, EPA withdrew the Direct Final Rule and reopened the public comment period for the action.

Impacts

Pennsylvania currently has two antidegradation policies: the federally promulgated policy and Pennsylvania’s EPA-approved policy. This action will withdraw the federally promulgated policy since Pennsylvania’s policy is as protective as the federal policy, leaving Pennsylvania’s antidegradation policy in place.

For more information

Contact Janita Aguirre (aguirre.janita@epa.gov) at 202-566-1149 or Denise Hakowski (hakowski.denise@epa.gov) at 215-814-5726.

• Regulations.gov Docket (EPA-HQ-OW-2007-0093)
• Final Rule: Withdrawal of Federal Antidegradation Policy for all Waters of the United States within the Commonwealth of Pennsylvania (May 28, 2010)
  • Removing the Federal Antidegradation Policy Applicable to Waters of the United States Within the Commonwealth of Pennsylvania (November 14, 2008)
  • Withdrawal of Direct Final Rule Removing the Federal Antidegradation Policy Applicable to Waters of the United States Within the Commonwealth of Pennsylvania (November 14, 2008)
  • Direct Final Rule: Withdrawal of Federal Antidegradation Policy for All Waters of the United States Within the Commonwealth of Pennsylvania (September 15, 2008)
  • Proposed Rule: Withdrawal of Federal Antidegradation Policy for All Waters of the United States Within the Commonwealth of Pennsylvania (September 15, 2008)
• Federal Promulgation of Antidegradation Policy for Pennsylvania
  • Federal Register Notice: Water Quality Standards for Pennsylvania (December 9, 1996)
  • Fact Sheet (EPA-823-F-96-011; November 1996)