ENVIRONMENTAL QUALITY BOARD
[ 25 PA. CODE CHS. 91 AND 92a ]
Corrective Amendment to 25 Pa. Code § 91.22
[49 Pa.B. 1665]
[Saturday, April 6, 2019]
The Environmental Quality Board has discovered a discrepancy between the agency text of proposed amendments to 25 Pa. Code § 91.22 (relating to fees) as deposited with the Legislative Reference Bureau and the official text of the proposal published in the Pennsylvania Bulletin at 49 Pa.B. 1518 (March 30, 2019) for public comment. An entry for Major Sewage Treatment Facility was inadvertently omitted from the proposed published chart in § 91.22.
Therefore, under 45 Pa.C.S. § 901 (relating to official text of published documents), the Environmental Quality Board has deposited with the Legislative Reference Bureau a correction to proposed amendments to 25 Pa. Code § 91.22.
The public comment period will close on May 14, 2019, for the proposed rulemaking published at 49 Pa.B. 1518 (March 30, 2019) which includes these amendments to § 91.22. The effective date of these proposed amendments will be upon final-form publication in the Pennsylvania Bulletin.
The corrected version of 25 Pa. Code § 91.22 appears in Annex A.
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE II. WATER RESOURCES
CHAPTER 91. GENERAL PROVISIONS
APPLICATIONS AND PERMITS
§ 91.22. Fees.
(a) Applications for new individual water quality management permits [from parties except agencies of the Commonwealth], reissuance of individual water quality management permits, and requests for permit amendments and transfers shall be accompanied by a [check] fee payable to ''Commonwealth of Pennsylvania,'' in the [following] amounts[:] specified below.
[(1) For applications for single residence sewage treatment plant permits—$25.
(2) For applications for sewer extension permits—$100.
(3) For applications for other water quality management permits—$500.]
Category Application Type Fee Joint Pesticides Permit New and Reissuance $500 Amendment $100 Transfer $50 Major Sewage Treatment Facility New $10,000 Amendment $2,000 Transfer $250 Major Industrial Waste Treatment Facility New $15,000 Amendment $2,000 Transfer $500 Minor and Non-NPDES Sewage Treatment Facility New $5,000 Amendment $500 Transfer $250 Minor and Non-NPDES Industrial Waste Treatment Facility New $7,500 Amendment $500 Transfer $250 Single Residence Sewage Treatment Plant New $200 Amendment $100 Transfer $50 Small Flow Treatment Facility New $1,000 Amendment $200 Transfer $100 Sewer Extensions New $2,500 Amendment $500 Transfer $250 Pump Station New $2,500 Amendment $500 Transfer $250 Land Application and Reuse of Sewage New and Reissuance $5,000 Amendment $1,000 Transfer $250 Land Application and Reuse of Industrial Waste New and Reissuance $10,000 Amendment $2,000 Transfer $250 Manure Storage and Wastewater Impoundment New $2,500 Amendment $500 Transfer $250
(b) [An] NOI fees for coverage under a general water quality management permit, including fees for amendments to and transfers of general permit coverage, shall be [accompanied by a check] made payable to the ''Commonwealth of Pennsylvania[,].'' [in the amount no greater than $500 as set forth in the public notice for the general water quality management permit as described in § 91.27(b)(1) (relating to general water quality management permit).] The fees for a general permit in § 91.27(b)(1) (relating to general water quality management permit) shall be established in the general permit. NOI fees may not exceed the individual permit application fees in subsection (a) for the equivalent category and application type.
(c) The Department will adjust fees for WQM permit applications required under subsection (a) every 2 years based on the United States Bureau of Labor Statistics Employment Cost Index for State and Local Government Compensation, or an equivalent index recognized by the United States Department of Labor, beginning 2 years after (Editor's Note: The blank refers to the effective date of the final-form rulemaking). The adjustment will be based upon the cost difference for the most recent 2-year period prior to the calculation. The fees shall not be adjusted if the application of the index would result in fees exceeding the Department's costs to administer the Clean Water Program. The Department will publish the final adjusted fee schedule and effective date in the Pennsylvania Bulletin.
(d) The Department will review the adequacy of the fees established in this section every 3 years and provide a written report to the EQB. The report will identify disparities between the amount of program income generated by the fees and the costs to administer the program, and contain recommendations to increase fees to eliminate any disparities, including recommendations for regulatory amendments to increase program fees.
(e) Any Federal or Commonwealth agency or independent Commonwealth commission that provides funding to the Department for the implementation of the WQM program through terms and conditions of a mutual agreement may be exempt from the fees in this section.
[Pa.B. Doc. No. 19-488. Filed for public inspection April 5, 2019, 9:00 a.m.]
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