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PA Bulletin, Doc. No. 23-1549

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Availability of National Pollutant Discharge Elimination System General Permit for Discharges from Small Flow Treatment Facilities (PAG-04)

[53 Pa.B. 7086]
[Saturday, November 11, 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 Small Flow Treatment Facilities (SFTF) (PAG-04) for a new 5-year term. The PAG-04 General Permit will become effective on November 12, 2023, and will expire on November 11, 2028.

 The PAG-04 General Permit is intended to provide NPDES permit coverage to existing and proposed SFTFs. SFTFs are treatment works designed to adequately treat sewage flows of not greater than 2,000 gallons per day for final disposal to surface waters. The General Permit may not be used to cover other types of treatment facilities including those that process industrial wastes.

 Notice of the availability of a draft PAG-04 General Permit was published at 52 Pa.B. 6933 (November 5, 2022). A 30-day comment period was provided and the Department received comments and questions from one organization. After publication of the draft permit, the Department determined that a renewal Notice of Intent (NOI) would not be required for existing facilities under the Department's authority at 25 Pa. Code § 92a.23(c) (relating to NOI for coverage under an NPDES general permit). The Department published notice of the availability a redrafted PAG-04 General Permit at 53 Pa.B. 3769 (July 15, 2023). An additional 30-day comment period was provided and the Department received comments and questions from two organizations. A comment response document has been developed to address the comments received on both drafts. Significant changes have not been made to the final General Permit in comparison to the redrafted permit.

 The PAG-04 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-04 Discharges from Small Flow Treatment Facilities 3800-PM-BCW0093 (May Not be Used for New Coverage)'').

 Under 25 Pa. Code § 92a.23(c), an NOI will not be required for permittees to remain covered under the reissued General Permit. This determination was based on the expected nature of SFTF discharges and the level of treatment required and performed by these systems. The determination was also based on the expected low volume of discharges, the low potential for toxic or conventional pollutants in the discharges, and other methods of identifying discharges covered under this permit.

 In accordance with 25 Pa. Code § 92a.84(c)(2) (relating to public notice of general permits), the Department will publish notice in the Pennsylvania Bulletin for each NOI and of each approval of coverage under the PAG-04 General Permit.

JESSICA SHIRLEY, 
Interim Acting Secretary

[Pa.B. Doc. No. 23-1549. Filed for public inspection November 10, 2023, 9:00 a.m.]


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