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PA Bulletin, Doc. No. 12-2108

NOTICES

Public Notice of Availability; Proposed Revisions to General NPDES Permit for Concentrated Animal Feeding Operations (PAG-12)

[42 Pa.B. 6837]
[Saturday, October 27, 2012]

 The Department of Environmental Protection (Department) is proposing to revise the National Pollutant Discharge Elimination System (NPDES) General Permit for Concentrated Animal Feeding Operations (PAG-12, 2012 amendment) for renewal for 5 years. This General NPDES Permit is issued under the authority of the Clean Water Act (33 U.S.C.A. §§ 1251—1387), 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 current PAG-12 permit is scheduled to expire at midnight on March 31, 2013. The PAG-12 permit will continue to be in force until formal revision of PAG-12 is completed and announced in the Pennsylvania Bulletin, unless rescinded by the Department at an earlier date.

 This permit is available for Concentrated Animal Feeding Operations (CAFOs) that do not discharge to a surface water classified as a High Quality or an Exceptional Value Water. CAFOs are regulated under both State and Federal law with clear and express requirements. The scope and specificity of the regulatory requirements make CAFOs an appropriate category for regulation under a general permit.

 The Department is not proposing to charge a fee for processing the Notice of Intent (NOI) for CAFOs. A notice will be published in the Pennsylvania Bulletin of the receipt of each NOI under this general permit and of each approval for coverage under this general permit.

 The proposed revisions included in the draft PAG-12, 2012 amendment are summarized as follows: the ''Approval for Coverage'' identifies the animal types and numbers based on the current approved nutrient management plan; the ''Authorization to Operate'' clarifies who may and may not be covered under PAG-12, lists applicable effluent limitations guidelines for animal types and explains the procedures and conditions for major and minor permit modifications; Part A includes manure storage requirements and additional self-monitoring, reporting and recordkeeping on the part of the operator; Part C includes clarification of setbacks for mechanical and winter application of manure, management of animal mortalities and manure storage facility and water quality management permit requirements, including maintaining records documenting the current design of any manure or litter storage structure. Part C also provides limitations on the disposal of feed and raw materials.

 The Department invites public comments on the proposed revisions to PAG-12. Comments must be submitted by November 26, 2012. If there is significant public interest or if requested, the comment period may be extended at the discretion of the Department for an additional 15-day period. Only comments received during the specified comment period will be considered in the final renewal permit. If more significant issues of public interest are raised, the Department may schedule a public meeting or hearing. Written comments should be submitted to Kenn Pattison, Chief of the Nutrient Management Section at the address listed as follows. Comments will also be accepted by e-mail to RA-EPPAG12Comments@state.pa.us. Comments sent by facsimile or voice mail will not be accepted.

 The proposed PAG-12, 2012 amended draft permit is available by contacting the Department of Environmental Protection, Bureau of Conservation and Restoration, Rachel Carson State Office Building, P. O. Box 8465, 10th Floor, Harrisburg, PA 17105-8465, (717) 787-5267, RA-EPPAG12Comments@state.pa.us. The proposed PAG-12, 2012 amended draft permit is also available on the Department's web site at www.dep.state.pa.us (choose ''Public Participation''; then ''Public Participation Center'' and then scroll down to ''Proposals Currently Open for Comment'').

 Persons with a disability may contact the Department by using the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). Following the specified comment period, the Department will review all submitted comments, prepare a comment and response document and the final documents package for this General Permit. Availability of the final permit documents will be announced in the Pennsylvania Bulletin.

MICHAEL L. KRANCER, 
Secretary

[Pa.B. Doc. No. 12-2108. Filed for public inspection October 26, 2012, 9:00 a.m.]


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