Current through Register Vol. 54, No. 45, November 9, 2024
Section 92a.85 - Notice to other government agencies(a) The provisions of 40 CFR 124.59 (relating to conditions requested by the Corps of Engineers and other government agencies) are incorporated by reference.(b) The Department will do the following: (1) Provide a subscription to the Pennsylvania Bulletin for any other states whose waters may be affected by the issuance of an NPDES permit, to any interstate agency having water quality control authority over water that may be affected by the issuance of an NPDES permit, and to all Pennsylvania District Engineers of the Army Corps of Engineers.(2) At the time of issuance of public notice under § 92a.82 (relating to public notice of permit applications and draft permits), transmit to other states, whose waters may be affected by the issuance of an NPDES permit, a copy of fact sheets prepared under § 92a.53 (relating to documentation of permit conditions). Upon request, the Department will provide the states with a copy of the application and a copy of the draft permit. Each affected state will be afforded an opportunity to submit written recommendations to the Department and the Administrator. The Department will consider these comments during preparation of the permit decision. If the Department decides not to incorporate any written recommendations thus received, it will provide a written explanation of its reasons for deciding not to accept any of the written recommendations.(3) At the time of issuance of public notice under § 92a.82, transmit to any interstate agency having water quality control authority over waters that may be affected by the issuance of a permit a copy of fact sheets prepared under § 92a.53. Upon request, the Department will provide the interstate agency with a copy of the application and a copy of the draft permit. The interstate agency shall have the same opportunity to submit recommendations and to receive explanations in paragraph (2). This section cited in 25 Pa. Code § 92a.3 (relating to incorporation of Federal regulations by reference); 25 Pa. Code § 92a.87 (relating to notice of reissuance of permits); 25 Pa. Code § 93.4c (relating to implementation of antidegradation requirements); and 25 Pa. Code § 93.8d (relating to development of site-specific water quality criteria).