The federal regulations at 40 CFR 122.26 identify specific classes of industrial facilities that must apply for NPDES permit coverage. In addition, DEP may require any other facility not identified in the federal regulations to obtain a permit if DEP finds that the facility or activity is resulting in the discharge of pollutants to waters of the Commonwealth.
Notice of a
reissued PAG-03 General Permit was published in the
Pennsylvania Bulletin on December 24, 2022 for a new 5-year term. The reissued PAG-03 General Permit will become effective on March 24, 2023.
Existing permittees must submit a Notice of Intent (NOI) on or before March 23, 2023 to maintain coverage under the reissued PAG-03 General Permit. Existing permittees may continue to discharge under the existing (2016) PAG-03 General Permit until its expiration on March 23, 2023.
If a facility is not eligible for coverage under the PAG-03 General Permit, it may apply for an individual NPDES permit, using DEP's
Individual NPDES Permit Application for Industrial Stormwater (3800-PM-BCW0403). A common reason that a facility may not be eligible for PAG-03 General Permit coverage is location in a High Quality or Exceptional Value watershed, according to designated uses under
Chapter 93 or existing uses determined by DEP.
Individual permit coverage is generally for five years, with a requirement to submit a renewal application at least 180 days prior to the permit coverage expiration date if the discharge of pollutants will continue after the expiration date.
For those facilities that qualify for PAG-03 General Permit coverage, an alternative to obtaining permit coverage is to request
No Exposure Certification if the facility qualifies.
In general, all industrial materials and activities must be stored and conducted indoors or under roof for a facility to qualify for No Exposure Certification. The No Exposure Certification alternative is not available to facilities in High Quality or Exceptional Value watersheds, and must be renewed every five years.
DEP has developed a
Frequently Asked Questions (FAQ) document to assist the regulated community in understanding industrial stormwater permits and No Exposure Certification.
For more information, contact the Bureau of Clean Water's Division of NPDES Permitting at
RA-EPNPDES_Permits@pa.gov or 717-787-5017.