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PA Bulletin, Doc. No. 23-677



Draft National Pollutant Discharge Elimination System General Permit for Discharges from Petroleum Product Contaminated Groundwater Remediation Systems (PAG-05)

[53 Pa.B. 2809]
[Saturday, May 20, 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 Petroleum Product Contaminated Groundwater Remediation Systems (PAG-05). 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-05 NPDES General Permit for Discharges from Petroleum Product Contaminated Groundwater Remediation Systems'').

 The PAG-05 General Permit is intended to provide NPDES permit coverage to existing and proposed petroleum product contaminated groundwater remediation systems for the remediation of groundwater contaminated with gasoline or other petroleum products where eligibility requirements of the General Permit are met. The General Permit may not be used to cover other types of facilities with discharges resulting from treatment of groundwater contaminated with chlorinated solvents or other pollutants that are not associated with gasoline or other petroleum products.

 The following changes are proposed for the PAG-05 General Permit and related documents:

 • Existing permittees will be required to submit a renewal Notice of Intent (NOI) to continue coverage under the General Permit; the Annual Report will no longer be used to renew coverage.

 • Beginning in 2025, the due date of the Annual Report and the annual installment payment of the NOI fee will be the anniversary of the expiration date of the General Permit each year. For existing permittees, the due date for the annual installment of the NOI fee in 2024 and the Annual Report covering January 1, 2023—December 31, 2023, will be January 28, 2024.

 • The annual installment of the NOI fee for non-exempt facilities must be paid unless the Department approves the permittee's Notice of Termination before the NOI fee annual installment due date.

 Other proposed changes are described in the draft fact sheet for the PAG-05 General Permit.

Written Comments: Interested persons are invited to submit written comments regarding the draft PAG-05 General Permit and associated documents through Tuesday, June 20, 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 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.

Acting Secretary

[Pa.B. Doc. No. 23-677. Filed for public inspection May 19, 2023, 9:00 a.m.]

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