Act 40 of 2017
House Bill 118, amending the Administrative Code
House Bill 118 requires the Environmental Quality Board to propose a a regulation within 90 days of enactment that would ensure that the manganese (Mn) effluent limitation for mining that currently exists in 25 Pa Code, Chapters 87, 88, 89, and 90 and 40 Code of Federal Regulations §434 are accurately applied, instead of the water quality criteria for a Potable Water Standard (PWS) found in 25 Pa Code Chapter 93. The water quality criteria found in 25 Pa Code Chapter 93 for a PWS is not an effluent limitation, but rather a water quality standard that must be achieved after treatment.
As a result, the regulation would treat Mn like many other secondary contaminants that are currently regulated at point of a public water intake and are subject a Reasonable Potential Analysis, which ensures that a discharge does not increase the concentration of a parameter, such as Mn, above the required concentration for a water supply intake.