§ 92.65. Notice to other government agencies.

 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 which 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 §  92.61(a) (relating to public notice of permit application and public hearing), transmit to any other states, whose waters may be affected by the issuance of an NPDES permit a copy of fact sheets prepared under §  92.61(c). Upon request, the Department will provide the states with a copy of the application and a copy of the draft permit prepared under §  92.61(b). Each affected state shall be afforded an opportunity to submit written recommendations to the Department and to the Regional Administrator which the Department may incorporate into the permit if issued. If the Department decides not to incorporate any written recommendations thus received, it will provide to the affected states and to the Regional Administrator 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 §  92.61(a), transmit to any interstate agency having water quality control authority over waters which may be affected by the issuance of a permit a copy of fact sheets prepared under §  92.61(c). The interstate agency shall have the same opportunity to submit recommendations and to receive explanations in paragraph (2).

   (4)  At the time of issuance of public notice under §  92.61(a), transmit to the appropriate District Engineer of the Army Corps of Engineers a copy of fact sheets prepared under §  92.61(c). An NPDES permit will not be issued if a district engineer objects to the issuance of the permit because anchorage and navigation of any of the surface waters would be impaired.

   (5)  Provide a subscription to the Pennsylvania Bulletin and transmit fact sheets prepared under §  92.61(c) for any other Federal, State or local agency upon request, and provide these agencies an opportunity to respond or comment.

   The provisions of this §  92.65 amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § §  691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  92.65 amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial pages (258039) to (258040).

   This section cited in 25 Pa. Code §  92.67 (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).