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PA Bulletin, Doc. No. 18-115



Draft National Pollutant Discharge Elimination System General Permit for Operation of Concentrated Animal Feeding Operations (PAG-12)

[48 Pa.B. 575]
[Saturday, January 20, 2018]

 The Department of Environmental Protection (Department) is announcing the availability of a draft National Pollutant Discharge Elimination System (NPDES) General Permit for Operation of Concentrated Animal Feeding Operations (PAG-12). To access the draft General Permit and related documents visit (select ''Permit and Authorization Packages,'' then ''Clean Water,'' then ''PAG-12 NPDES General Permit (Draft)'').

 The PAG-12 General Permit is intended to provide NPDES permit coverage to persons operating concentrated animal feeding operations (CAFO) within this Commonwealth in satisfaction of State and Federal NPDES permit requirements, as established in 25 Pa. Code Chapter 92a (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance), where CAFOs meet the eligibility requirements of the PAG-12 General Permit.

 The following significant changes are proposed for the PAG-12 General Permit and related documents:

 • The Notice of Intent (NOI) form and CAFO Annual Report form have been updated to address information requirements related to the United States Environmental Protection Agency's (EPA) NPDES Electronic Reporting Rule (eReporting Rule). In addition, instructions have been developed to help permittees understand how to complete the CAFO Annual Report.

 • The General Permit would require the submission of CAFO Annual Reports to the Department electronically upon receipt of written notification from the Department to implement eReporting Rule requirements.

 • An NOI fee of $500 each year the CAFO operates under the PAG-12 General Permit.

 • The reporting period for the CAFO Annual Report would be changed from a calendar year to a ''crop year'' (that is, October 1—September 30).

 • Permittees with leak detection systems would need to collect a sample of drainage, if any, and analyze the sample for ammonia-nitrogen at a minimum frequency of once per year, and implement corrective action if the concentration of ammonia-nitrogen exceeds a threshold.

 • Permittees with earthen manure storage facilities would need to complete an annual inspection of the facilities and submit the results to the Department on a form supplied by the Department.

 Other changes are described in the draft fact sheet for the PAG-12 General Permit.

Written Comments: Interested persons are invited to submit written comments regarding the Draft PAG-12 General Permit and associated documents through February 20, 2018. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by e-mail, must include the originator's name and address. Commentators are encouraged to submit comments using the Department's online eComment system at Written comments should be submitted by e-mail to or by mail to the Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063.

 Written comments submitted during the 30-day comment period will be retained by the Department and considered in finalizing the PAG-12 General Permit. The Department will provide an opportunity for any interested person or group of persons, any affected State, any affected interstate agency, the EPA or any interested agency to request or petition for a public hearing with respect to the proposed PAG-12 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. 18-115. Filed for public inspection January 19, 2018, 9:00 a.m.]

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