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PA Bulletin, Doc. No. 13-510


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

[43 Pa.B. 1638]
[Saturday, March 23, 2013]

 The Department of Environmental Protection (Department) by this notice is publishing as final the National Pollutant Discharge Elimination System (NPDES) General Permit for Concentrated Animal Feeding Operations (CAFO) (PAG-12, 2013 amended permit) 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). This permit becomes available at 12 a.m. on April 1, 2013. A notice will be published in the Pennsylvania Bulletin of the receipt of each Notice of Intent (NOI) under this general permit and of each approval for coverage under this general permit.

 This permit is available for CAFO 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. There is no fee for processing the NOI under this permit.

 The revisions included in the final PAG-12, 2013 amended permit 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 the PAG-12, 2013 amended permit, lists applicable effluent limitation guidelines for animal types and explains the procedures and conditions for major and minor permit modifications; Part A provides additional definitions, 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; and Part C also provides limitations on the disposal of feed and raw materials.

 The Department solicited public comment on the proposed revisions to PAG-12 from October 27, 2012, through November 26, 2012. Seventy comments were received from seven commentators.

 The final PAG-12, 2013 amended permit is available by contacting the Department of Environmental Protection, Bureau of Conservation and Restoration, Rachel Carson State Office Building, P. O. Box 8555, 10th Floor, Harrisburg, PA 17105-8555, (717) 787-5267. The PAG-12, 2013 amended permit is also available on the Department's web site at (choose ''DEP Programs A-Z''; then the ''C'' tab, then ''CAFO'' or ''CAFOs'' and then scroll down to ''Permit Application Packages'' and select ''General Permit PAG-12'').


[Pa.B. Doc. No. 13-510. Filed for public inspection March 22, 2013, 9:00 a.m.]

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