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PA Bulletin, Doc. No. 23-937



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

[53 Pa.B. 3769]
[Saturday, July 15, 2023]

 The Department of Environmental Protection (Department) is announcing the availability of a draft National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges from Small Flow Treatment Facilities (SFTF) (PAG-04). The draft General Permit and related documents are available online in the Department's eLibrary at (select ''Permit and Authorization Packages,'' then ''Clean Water,'' then ''DRAFT—PAG-04 NPDES General Permit for Discharges from Small Flow Treatment Facilities Comments due December 5, 2022 3800-PM-BCW0093'').

 The PAG-04 General Permit is intended to provide NPDES permit coverage to existing or 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.

 A draft PAG-04 General Permit was published at 52 Pa.B. 6933 (November 5, 2022) for a 30-day public comment period. The Department has made additional changes to the draft General Permit and is publishing the redrafted General Permit for an additional public comment period. Upon final issuance of the General Permit, the Department will provide responses to all public comments received on the initial draft General Permit and the redrafted General Permit. The additional proposed changes to the General Permit are:

 • The Department proposes that, under 25 Pa. Code § 92a.23(c) (relating to NOI for coverage under an NPDES general permit), a Notice of Intent (NOI) will not be required for existing 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 minimal volume of discharges, the low potential for toxic or conventional pollutants in the discharges and other methods of identifying discharges covered under this permit.

 • An NOI fee will only be required with submission of an NOI. An annual installment payment of the NOI fee will not be required.

Written Comments: Interested persons are invited to submit written comments regarding the redrafted PAG-04 General Permit and associated documents through Monday, August 14, 2023. Commentators are encouraged to submit comments using the Department's online eComment system at Written comments can also be submitted by e-mail to ecomment@ or by mail to the Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063. Comments, including comments submitted by e-mail, must include the commentator's name and address. Comments submitted by facsimile will not be accepted.

 Written comments submitted during the 30-day comment period will be retained by the Department and considered in finalizing the General Permit. The Department will provide an opportunity for any interested person or group of persons, any affected state, any affected interstate agency, the United States Environmental Protection Agency or any interested agency, to request or petition for a public hearing with respect to the proposed General Permit. The request or petition for public hearing, which must be filed within the 30-day period allowed for filing of written comments, must indicate the interest of the party filing the request and the reasons why a hearing is warranted. A hearing will be held if there is significant public interest.


[Pa.B. Doc. No. 23-937. Filed for public inspection July 14, 2023, 9:00 a.m.]

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