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PA Bulletin, Doc. No. 23-1255

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Availability of National Pollutant Discharge Elimination System General Permit for Discharges from the Application of Pesticides (PAG-15)

[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 Discharges from the Application of Pesticides (PAG-15) for a new 5-year term. The PAG-15 General Permit will become effective on October 29, 2023, and will expire on October 28, 2028.

 The PAG-15 General Permit is intended to provide NPDES permit coverage to persons applying pesticides that result in discharges to surface waters of this Commonwealth where applicants meet the eligibility requirements of the PAG-15 General Permit.

 Notice of the availability of a draft PAG-15 General Permit was published at 53 Pa.B. 2810 (May 20, 2023). A 30-day comment period was provided, and interested parties were directed to submit comments to the Department's eComment system. The Department received comments from one individual. A comment response document has been developed to address the comments received.

 Significant changes were not made to the final PAG-15 General Permit in comparison to the draft PAG-15 General Permit that was published at 53 Pa.B. 2810.

 Permittees with existing coverage under the PAG-15 General Permit will be required to submit a renewal Notice of Intent (NOI) to maintain continued coverage under the PAG-15 General Permit by October 28, 2023. The Department will transmit notification to all existing PAG-15 permittees explaining the changes to the terms and conditions of General Permit coverage.

 The PAG-15 NOI fee is $2,500 to be paid in $500 annual increments. The NOI fee does not apply to entities satisfying the criteria for an exemption under 25 Pa. Code § 92a.26(i) (relating to application fees).

 Under 25 Pa. Code § 92a.23(c) (relating to NOI for coverage under an NPDES general permit), an NOI will not be required for permittees who apply pesticides below the thresholds listed in the PAG-15 General Permit. The potential for toxic impacts to nontarget species is expected to be low when used according to the pesticides label, and these discharges are not expected to have a cumulative impact on surface waters of this Commonwealth.

 The PAG-15 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-15—NPDES General Permit for Point Source Discharges to Waters from PA from Application of Pesticides 3800-PM-BCW0345'').

 In accordance with 25 Pa. Code § 92a.84(c)(3) (relating to public notice of general permits), the Department will publish notice in the Pennsylvania Bulletin for every approval of coverage under the PAG-15 General Permit.

RICHARD NEGRIN, 
Secretary

[Pa.B. Doc. No. 23-1255. Filed for public inspection September 15, 2023, 9:00 a.m.]


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