Updated Changes To PADEP's 91.33 Spill Reporting Framework Expected In 2026

Last April, the Pennsylvania Department of Environmental Protection (PADEP), through the Environmental Quality Board (EQB), 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. Our Special Alert summarizing the proposed changes can be accessed here. Approximately 1,200 comments were submitted to the EQB on the proposed changes, including comments submitted by the Independent Regulatory Review Commission (IRRC). In general, industry commenters were mostly supportive of the proposed rule, although some commenters requested additional clarification to avoid unnecessary reporting. Other commenters expressed concern that the proposed approach would conflict with PADEP's obligations under The Clean Streams Law and Article I, Section 27 of the Pennsylvania Constitution. IRRC also