Subchapter C. PERMITS AND PERMIT CONDITIONS
Sec.
92a.41. Conditions applicable to all permits.
92a.42. Additional conditions applicable to specific categories of NPDES permits.
92a.43. Establishing permit conditions.
92a.44. Establishing limitations, standards, and other permit conditions.
92a.45. Calculating NPDES permit conditions.
92a.46. Site-specific permit conditions.
92a.47. Sewage permit.
92a.48. Industrial waste permit.
92a.49. CAFO.
92a.50. CAAP.
92a.51. Schedules of compliance.
92a.52. Variances.
92a.53. Documentation of permit conditions.
92a.54. General permits.
92a.55. Disposal of pollutants into wells, into POTW or by land application.§ 92a.41. Conditions applicable to all permits.
(a) Unless indicated otherwise in this section, NPDES permits must include the permit conditions specified in 40 CFR 122.41(a)—(m) (relating to conditions applicable to all permits (applicable to State programs, see § 123.25))including the following:
(1) Duty to comply.
(2) Duty to reapply.
(3) Need to halt or reduce activity not a defense.
(4) Duty to mitigate.
(5) Proper operation and maintenance.
(6) Permit actions.
(7) Property rights.
(8) Duty to provide information.
(9) Inspection and entry.
(10) Monitoring and records.
(11) Signature requirements.
(12) Reporting requirements.
(13) Bypass.
(b) The permittee shall comply with the immediate oral notification requirements of § 91.33 (relating to incidents causing or threatening pollution). Oral notification is required as soon as possible, but no later than 4 hours after the permittee becomes aware of the incident causing or threatening pollution. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the incident causing or threatening pollution. The written submission must conform to the requirements of 40 CFR 122.41(l)(6).
(c) The discharger may not discharge floating materials, scum, sheen, or substances that result in deposits in the receiving water. Except as provided for in the permit, the discharger may not discharge foam, oil, grease, or substances that produce an observable change in the color, taste, odor or turbidity of the receiving water.
Cross References This section cited in 25 Pa. Code § 92a.3 (relating to incorporation of Federal regulations by reference).
§ 92a.42. Additional conditions applicable to specific categories of NPDES permits.
The provisions of 40 CFR 122.42 (relating to additional conditions applicable to specific categories of NPDES permits (applicable to State NPDES programs, see 123.25)) are incorporated by reference.
Cross References This section cited in 25 Pa. Code § 92a.3 (relating to incorporation of Federal regulations by reference).
§ 92a.43. Establishing permit conditions.
The provisions of 40 CFR 122.43 (relating to establishing permit conditions (applicable to State NPDES programs, see 123.25)) are incorporated by reference.
Cross References This section cited in 25 Pa. Code § 92a.3 (relating to incorporation of Federal regulations by reference).
§ 92a.44. Establishing limitations, standards, and other permit conditions.
The provisions of 40 CFR 122.44 (relating to establishing limitations, standards, and other permit conditions (applicable to State NPDES programs, see 123.25)) are incorporated by reference.
Cross References This section cited in 25 Pa. Code § 92a.3 (relating to incorporation of Federal regulations by reference); and 25 Pa. Code § 92a.51 (relating to schedules of compliance).
§ 92a.45. Calculating NPDES permit conditions.
The provisions of 40 CFR 122.45 (relating to calculating NPDES permit conditions (applicable to State NPDES programs, see 123.25)) are incorporated by reference.
Cross References This section cited in 25 Pa. Code § 92a.3 (relating to incorporation of Federal regulations by reference).
§ 92a.46. Site-specific permit conditions.
The Department may establish and include in an NPDES permit, any permit condition, as needed on a case-by-case basis, to assure protection of surface waters. These conditions may include a requirement to identify and implement the following:
(1) BMPs reasonably necessary to achieve effluent limitations or standards or to carry out the purpose and intent of the Federal Act.
(2) Toxic reduction activities, effluent limitations based on WETT, and other measures that eliminate, or substantially reduce releases of pollutants at their source.
§ 92a.47. Sewage permit.
(a) Sewage, except that discharged from a CSO that is in compliance with subsection (b), or as provided for in subsections (f)—(i), shall be given a minimum of secondary treatment. Secondary treatment for sewage is that treatment that includes significant biological treatment and accomplishes the following:
(1) Monthly average discharge limitation for BOD5 and TSS may not exceed 30 milligrams per liter. If CBOD5 is specified instead of BOD5 the limitation may not exceed 25 milligrams per liter.
(2) Weekly average discharge limitation for BOD5 and TSS may not exceed 45 milligrams per liter for POTW facilities. If CBOD5 is specified instead of BOD5 the limitation may not exceed 40 milligrams per liter.
(3) On a concentration basis, the monthly average percent removal of BOD5 or CBOD5, and TSS, must be at least 85% for POTW facilities.
(4) From May through September, a monthly average discharge limitation for fecal coliform of 200/100 mL as a geometric mean and an instantaneous maximum effluent limitation not greater than 1,000/100 mL.
(5) From October through April, a monthly average discharge limitation for fecal coliform of 2,000/100 mL as a geometric mean and an instantaneous maximum effluent limitation not greater than 10,000/100 mL.
(6) Provision for the disposal or beneficial use of sludge in accordance with applicable Department regulations.
(7) Compliance with § 95.2(1) and (2) (relating to effluent standards for industrial waste).
(8) Compliance with § 92a.48 (b) (relating to industrial waste permit) if chlorine is used.
(b) Dischargers of sewage from a CSO shall implement, as approved by the Department, nine minimum controls (NMCs) and a long-term control plan (LTCP) to minimize or eliminate the CSO discharge impact on the water quality of the receiving surface water.
(c) Discharges from an SSO are prohibited.
(d) When pollutants contributed by indirect dischargers result in interference or pass through, and a violation is likely to recur, a permittee shall develop and implement specific local limits for indirect dischargers and other users, as appropriate, that together with appropriate sewerage facility or operational changes, are necessary to ensure renewed or continued compliance with the plant’s NPDES permit or sludge use or disposal practices.
(e) POTWs that serve indirect dischargers shall give notice to the Department in accordance with 40 CFR 122.42(b) (relating to additional conditions applicable to specific categories of NPDES permits (applicable to State NPDES programs, see § 123.25)).
(f) POTWs with effluent limits that are less stringent than those specified in subsection (a)(1) and (2) in effect on October 9, 2010, shall meet the requirements of subsection (a)(1) and (2) when a new or amended water quality management permit authorizing an increase in the design flow of the facility is issued under the provisions of Chapter 91 (relating to general provisions).
(g) POTWs subject to this section may not be capable of meeting the percentage removal requirements established under subsection (a)(3) during wet weather, where the treatment works receive flows from combined sewers (that is, sewers which are designed to transport both storm water and sanitary sewage). For those treatment works, the decision must be made on a case-by-case basis as to whether any attainable percentage removal level can be defined, and if so, what the level should be.
(h) POTWs subject to this section may not be capable of meeting the percentage removal requirements established under subsection (a)(3) during dry weather, where the treatment works receive flows from combined sewers. The Department may substitute less stringent removal requirements than that specified in subsection (a)(3) for any POTW with less concentrated influent wastewater for combined sewers during dry weather. The Department may substitute either a lower percent removal requirement or a mass loading limit for the percent removal requirements specified in subsection (a)(3) provided that the permittee satisfactorily demonstrates all of the following:
(1) The treatment works is consistently meeting, or will consistently meet, its permit effluent concentration limits, but the percent removal requirements cannot be met due to less concentrated influent wastewater.
(2) To meet the percent removal requirements, the treatment works would have to achieve significantly more stringent effluent concentrations than would otherwise be required by the concentration-based standards.
(3) The less concentrated influent wastewater does not result from either excessive infiltration or clear water indirect dischargers during dry weather periods. The determination of whether the less concentrated wastewater results from excessive infiltration is discussed in 40 CFR 35.2005(b)(28) (relating to definitions), plus the additional criterion that either 40 gallons per capita per day or 1,500 gallons per inch diameter per mile of sewer may be used as the threshold value for that portion of the dry weather base flow attributed to infiltration. If the less concentrated influent wastewater is the result of clear water indirect dischargers, the treatment works must control these discharges pursuant to 40 CFR Part 403 (relating to general pretreatment regulations for existing and new sources of pollution).
(i) The Department may substitute less stringent removal requirements than that specified in subsection (a)(3) for any POTW with less concentrated influent wastewater for separate sewers, provided that the permittee satisfactorily demonstrates all of the following:
(1) The treatment works is consistently meeting, or will consistently meet, its permit effluent concentration limits but its percent removal requirements cannot be met due to less concentrated influent wastewater.
(2) To meet the percent removal requirements, the treatment works would have to achieve significantly more stringent limitations than would otherwise be required by the concentration-based standards.
(3) The less concentrated influent wastewater is not the result of excessive inflow/infiltration. The determination of whether the less concentrated wastewater is the result of excessive inflow/infiltration will be based on the definition of excessive inflow/infiltration in 40 CFR 35.2005(b)(16), plus the additional criterion that inflow is nonexcessive if the total flow to the POTW (that is, wastewater plus inflow plus infiltration) is less than 275 gallons per capita per day.
§ 92a.48. Industrial waste permit.
(a) Industrial waste regulated by this chapter must meet the following requirements:
(1) EPA-promulgated effluent limitation guidelines established under section 304(b) of the Federal Act (33 U.S.C.A. § 1314(b)).
(2) Compliance with § 95.2 (relating to effluent standards for industrial waste).
(3) For those industrial categories for which no effluent limitations have been established under paragraph (1), Department-developed technology-based limitations established in accordance with 40 CFR 125.3 (relating to technology-based treatment requirements in permits).
(b) For facilities or activities using chlorination, the following apply:
(1) If the EPA adopts a National categorical ELG promulgating limits for Total Residual Chlorine (TRC) or free available chlorine for a specific industry or activity under section 301 or 304(b) of the Federal Act (33 U.S.C.A. § § 1311 and 1314(b)), that ELG constitutes BAT for the industry or activity. If the EPA has not promulgated a National ELG for TRC or free available chlorine for an industry or activity, the Department may develop a facility-specific BAT effluent limitation for TRC. Factors, which will be considered in developing a facility-specific BAT effluent limitation, include the following:
(i) The age of equipment and facilities involved.
(ii) The engineering aspects of the application of various types of control techniques and alternatives to the use of chlorine or reductions in the volume of chlorine used during the disinfection process.
(iii) The cost of achieving the effluent reduction.
(iv) Nonwater quality environmental impacts (including energy requirements).
(v) Other factors the Department deems appropriate.
(2) For facilities where the EPA has not promulgated a National ELG setting forth limits for TRC or free available chlorine for an industry or activity, and the Department has not developed a facility-specific BAT effluent limitation for TRC under the factors in paragraph (1), an effluent limitation for TRC of 0.5 milligrams per liter (30-day average) constitutes BAT.
(3) Facilities using chlorination that discharge to an Exceptional Value Water, or to a High Quality Water where economic or social justification under § 93.4c(b) (1)(iii) (relating to implementation of antidegradation requirements) has not been demonstrated under applicable State or Federal law or regulations, shall discontinue chlorination or dechlorinate their effluents prior to discharge into the waters.
Cross References This section cited in 25 Pa. Code § 92a.47 (relating to sewage permit).
§ 92a.49. CAFO.
NPDES permits for each CAFO must include, but are not limited to, conditions requiring the following:
(1) Compliance with the Nutrient Management Plan, the Preparedness, Prevention and Contingency Plan and the Erosion and Sediment Control Plan.
(2) A separate NPDES permit for stormwater discharges associated with a construction activity meeting the requirements of Chapter 102 (relating to erosion and sediment control) when applicable.
(3) Compliance with 3 Pa.C.S. Chapter 23 (relating to the Domestic Animal Law).
(4) Compliance with § 91.36 (relating to pollution control and prevention at agricultural operations).
(5) Recordkeeping and reporting requirements as described in the permit.
(6) When applicable, effluent limitations and other conditions as required under § 92a.12 (relating to treatment requirements) to meet water quality standards, for treated wastewater discharges.
(7) Measures necessary to prevent the discharge to surface water from storage of raw materials such as feed and supplies, which are not otherwise included in the nutrient management plan.
§ 92a.50. CAAP.
(a) Each discharger shall prepare and implement a BMP plan that addresses:
(1) Solids and excess feed management and removal.
(2) Proper facility operation and maintenance.
(3) Nonnative species loss prevention.
(4) Facility personnel training.
(5) Removal, handling and disposal/utilization of bio-residual solids (sludge).
(b) Permittees shall report any investigational/therapeutic drugs usage as follows:
(1) For investigational/new drugs, the permittee shall provide the Department with an oral notification within 7 days of initiating application of the drug, and a New Drug Usage Report shall be filed monthly.
(2) Changes in or increases in usage rates shall be reported to the Department through both oral notification and written report on the Drug Usage Report Form, quarterly.
(c) Products or chemicals that contain any carcinogenic ingredients are prohibited, except that limited use of those chemicals may be permitted provided that the permittee shall:
(1) Thoroughly investigate the use of alternative chemicals.
(2) Demonstrate that no suitable alternatives are available.
(3) Demonstrate through sampling or calculation that any carcinogen in the proposed chemical will not be detectable in the final effluent, using the EPA-approved analytic method for wastewater analysis with the lowest published detection limits.
§ 92a.51. Schedules of compliance.
(a) With respect to an existing discharge that is not in compliance with the water quality standards and effluent limitations or standards in § 92a.44 or § 92a.12 (relating to establishing limitations, standards, and other permit conditions; and treatment requirements), the applicant shall be required in the permit to take specific steps to remedy a violation of the standards and limitations in accordance with a legally applicable schedule of compliance, in the shortest, reasonable period of time, the period to be consistent with the Federal Act. Except as otherwise set forth in this subsection, a schedule of compliance specified in the permit must require compliance with final enforceable effluent limitations as soon as practicable, but in no case longer than 5 years, unless a court of competent jurisdiction issues an order allowing a longer time for compliance. Compliance schedules granted to CSO dischargers may exceed 5 years but may not exceed the period of implementation specified in an approved long-term control plan (LTCP).
(b) If the period of time for compliance specified in subsection (a) exceeds 1 year, a schedule of compliance will be specified in the permit that will set forth interim requirements and the dates for their achievement. If the time necessary for completion of the interim requirement such as the construction of a treatment facility is more than 1 year and is not readily divided into stages for completion, interim dates will be specified for the submission of reports of progress towards completion of the interim requirement. The time between interim dates may not exceed 1 year. For each NPDES permit schedule of compliance, interim dates and the final date for compliance must, to the extent practicable, fall on the last day of the months of March, June, September and December.
(c) Either before or up to 14 days following each interim date and the final date of compliance, the permittee shall provide the Department with written notice of the permittee’s compliance or noncompliance with the interim or final requirement.
Authority The provisions of this § 92a.51 amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 92a.51 amended June 23, 2023, effective June 24, 2023, 53 Pa.B. 3309. Immediately preceding text appears at serial pages (352650) to (352651).
Cross References This section cited in 25 Pa. Code § 92a.21 (relating to application for a permit); 25 Pa. Code § 92a.71 (relating to transfer of permits); and 25 Pa. Code § 92a.75 (relating to reissuance of expiring permits).
§ 92a.52. Variances.
Any new or amended Federal regulation enacted after November 18, 2000, which creates a variance to existing NPDES permitting requirements is not incorporated by reference.
§ 92a.53. Documentation of permit conditions.
The Department will prepare a fact sheet on the derivation of the effluent limitations or other conditions and the reasons for the conditions of the draft or final permit, or both. The fact sheet will include:
(1) A brief description of the type of facility or activity being permitted.
(2) The type and quantity of wastewater or pollutants evaluated in the permit.
(3) Documentation that the applicable effluent limitations and standards including a citation of same are considered in development of the draft permit.
(4) Documentation that applicable water quality standards will not be violated.
(5) A brief summary of the basis for the draft permit limitations and conditions including references to applicable statutory or regulatory provisions.
Cross References This section cited in 25 Pa. Code § 92a.82 (relating to public notice of permit applications and draft permits); 25 Pa. Code § 92a.83 (relating to public notice of public hearing); and 25 Pa. Code § 92a.85 (relating to notice to other government agencies).
§ 92a.54. General permits.
(a) Coverage and purpose. The Department may issue a general permit, in lieu of issuing individual permits, for a clearly and specifically described category of point source discharges, if the point sources meet the following conditions:
(1) Involve the same, or substantially similar, types of operations.
(2) Discharge the same types of wastes.
(3) Require the same effluent limitations or operating conditions, or both.
(4) Require the same or similar monitoring.
(5) Do not discharge toxic or hazardous pollutants as defined in sections 307 and 311 of the Federal Act (33 U.S.C.A. § § 1317 and 1321) or any other substance that—because of its quantity; concentration; or physical, chemical or infectious characteristics—may cause or contribute to an increase in mortality or morbidity in either an individual or the total population, or pose a substantial present or future hazard to human health or the environment when discharged into surface waters.
(6) Are more appropriately controlled under a general permit than under individual permits, in the opinion of the Department.
(7) Individually and cumulatively do not have the potential to cause or contribute to a violation of an applicable water quality standard established under Chapter 93 (relating to water quality standards) or cause significant adverse environmental impact.
(8) Do not discharge to a surface water classified as a High Quality Water or an Exceptional Value Water under Chapter 93.
(b) Administration of general permits. General permits may be issued, amended, suspended, revoked, reissued or terminated under this chapter. Issuance of a general permit does not exempt a person from compliance with this title. General permits have a fixed term not to exceed 5 years.
(c) Department specification. The Department may specify in the general permit that an eligible person who has submitted a timely and complete NOI is authorized to discharge in accordance with the terms of the permit under one of the following:
(1) Immediately upon submission of the NOI.
(2) After a waiting period following receipt of the NOI by the Department as specified in the general permit.
(3) Upon receipt of notification of approval of coverage under a general permit from the Department.
(d) Department notification. The Department will, as applicable, notify a discharger that it is or is not covered by a general permit. A discharger so notified may request an individual permit.
(e) Denial of coverage. The Department will deny coverage under a general permit when one or more of the following conditions exist:
(1) The discharge, individually or in combination with other similar discharges, is or has the potential to be a contributor of pollution, as defined in the State Act, which is more appropriately controlled under an individual permit.
(2) The discharger is not, or will not be, in compliance with any one or more of the conditions of the general permit.
(3) The applicant has failed and continues to fail to comply or has shown a lack of ability or intention to comply with a regulation, permit, schedule of compliance or order issued by the Department.
(4) A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source.
(5) Categorical point source effluent limitations are promulgated by the EPA for those point sources covered by the general permit.
(6) The discharge is not, or will not, result in compliance with an applicable effluent limitation or water quality standard.
(7) Other point sources at the facility require issuance of an individual permit, and issuance of both an individual and a general permit for the facility would constitute an undue administrative burden on the Department.
(8) The Department determines that the action is necessary for any other reason to ensure compliance with the Federal Act, the State Act or this title.
(9) The discharge would be to a surface water classified as a High Quality Water or an Exceptional Value Water under Chapter 93.
(f) Requiring an individual permit. The Department may revoke or terminate coverage under a general permit, and require the point source discharger to apply for and obtain an individual permit for any of the reasons in subsection (e). An interested person may petition the Department to take action under this subsection. Upon notification by the Department under this subsection that an individual permit is required for a point source, the discharger shall submit a complete NPDES application, in conformance with this chapter, within 90 days of receipt of the notification, unless the discharger is already in possession of a valid individual permit. Failure to submit the application within 90 days will result in automatic termination of coverage of the applicable point sources under the general permit. Timely submission of a complete application will result in continuation of coverage of the applicable point sources under the general permit, until the Department takes final action on the pending individual permit application.
(g) Action of the Department. Action of the Department denying coverage under a general permit under subsection (e), or requiring an individual permit under subsection (f), is not a final action of the Department until the discharger submits and the Department takes final action on an individual permit application.
(h) Termination of general permit. When an individual permit is issued for a point source that is covered under a general permit, the applicability of the general permit to that point source is automatically terminated on the effective date of the individual permit.
(i) Coverage under general permit. A point source excluded from a general permit solely because it already has an individual permit may submit an NOI under § 92a.23 (relating to NOI for coverage under an NPDES general permit). If the NOI is acceptable, the Department will revoke the individual permit and notify the source that it is covered under the general permit.
Cross References This section cited in 25 Pa. Code § 92a.2 (relating to definitions); and 25 Pa. Code § 92a.23 (relating to NOI for coverage under an NPDES general permit).
§ 92a.55. Disposal of pollutants into wells, into POTW or by land application.
The provisions of 40 CFR 122.50 (relating to disposal of pollutants into wells, into publicly owned treatment works or by land application) are incorporated by reference.
Cross References This section cited in 25 Pa. Code § 92a.3 (relating to incorporation of Federal regulations by reference).
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