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PA Bulletin, Doc. No. 23-1256

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Availability of National Pollutant Discharge Elimination System General Permit for Operation of Concentrated Animal Feeding Operations (PAG-12)

[53 Pa.B. 5853]
[Saturday, September 16, 2023]

 Under The Clean Streams Law (35 P.S. §§ 691.1—691.1001) and sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. §§ 510-5, 510-17 and 510-20), the Department of Environmental Protection (Department), by this notice, informs the public of the availability of the final National Pollution Discharge Elimination System (NPDES) General Permit for Operation of Concentrated Animal Feeding Operations (CAFO) (PAG-12) for a new 5-year term. The PAG-12 General Permit will become effective on January 1, 2024, and will expire on December 31, 2028.

 The PAG-12 General Permit is intended to provide NPDES permit coverage to persons who own or operate CAFOs that must obtain permit coverage under State (25 Pa. Code § 92a.29(a)—(d) (relating to CAFO) and Federal (40 CFR 122.23(a) (relating to concertrated animal feeding operations (applicable to State NPDES programs, see § 123.25)) regulations. The PAG-12 General Permit may not be used for discharges to waters designated for special protection under 25 Pa. Code Chapter 93 (relating to water quality standards) or other discharges that do not meet eligibility requirements of the PAG-12 General Permit.

 Notice of the availability of a draft PAG-12 General Permit was published in the Pennsylvania Bulletin at 52 Pa.B. 6265 (October 1, 2022). A 30-day comment period was provided and interested parties were directed to submit comments to the Department's eComment system. The comment period ended on October 31, 2022. The Department received comments from four individuals and organizations during the comment period. A comment and response document has been developed by the Department.

 The following significant change was made to the final PAG-12 General Permit documents in comparison to the draft General Permit published on October 1, 2022:

 • In the draft PAG-12, the Department had proposed a requirement for CAFO applicants to complete and submit a ''Best Management Practice (BMP) Checklist for Total Maximum Daily Load (TMDL) Waters'' with a PAG-12 renewal Notice of Intent (NOI) when the CAFO is located within a watershed with an approved TMDL. The Department has removed this checklist from the final PAG-12 General Permit package and has replaced it with an internal evaluation process that will be used to guide decision-making concerning PAG-12 eligibility when a CAFO is located in a watershed that is impaired for sediment or nutrients, or both, as explained in the final PAG-12 fact sheet.

 Permittees with existing coverage under the PAG-12 General Permit will be required to submit a renewal NOI to maintain continued coverage under the PAG-12 General Permit by December 31, 2023. The Department will transmit notification to all existing PAG-12 permittees explaining the changes to the terms and conditions of General Permit coverage.

 There is no NOI fee for PAG-12 coverage when: a CAFO is new (proposed); an operation will be considered a CAFO for the first time due to expansion, changes to standard animal weights or designation by the Department; and an NOI is submitted to remain covered under a reissued or modified PAG-12. There is a $500 NOI fee when an existing CAFO with an individual permit seeks coverage under PAG-12 and when an existing CAFO with PAG-12 coverage seeks to amend that coverage. In addition, there is a $500 annual NOI installment fee that is due by December 31 each year to remain covered under PAG-12.

 The PAG-12 General Permit package can be accessed online through the Department's eLibrary web site at www.depgreenport.state.pa.us/elibrary/ (select ''Permit and Authorization Packages,'' then ''Clean Water,'' then ''PAG-12 NPDES General Permit for Operation of Concentrated Animal Feeding Operations 3800-PM-BCW0032'').

 In accordance with 25 Pa. Code § 92a.84(c)(2) (relating to public notice of general permits), the Department will publish notice of receipt of every PAG-12 NOI (form 3800-PM-BCW0032b) and every approval of coverage under the PAG-12 General Permit in the Pennsylvania Bulletin.

RICHARD NEGRIN, 
Secretary

[Pa.B. Doc. No. 23-1256. Filed for public inspection September 15, 2023, 9:00 a.m.]


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