A Plain-English Tour of Pennsylvania's NPDES Regulation, and How It Connects to the Federal Rules and to Your PAG-03 Permit
Most facility managers meet Pennsylvania's industrial stormwater requirements through the PAG-03 permit, the Notice of Intent, and the eDMR system. Behind all of that sits a regulation, Chapter 92a of Title 25 of the Pennsylvania Code, which is DEP's NPDES rule. NPDES stands for National Pollutant Discharge Elimination System, the permit program that covers discharges to rivers, streams, and other surface waters. Chapter 92a is the legal framework that tells DEP how to run that program, and it explains why PAG-03 looks and works the way it does.
This article is a plain-English tour of the parts of Chapter 92a that matter most to an industrial stormwater facility, written for readers who want to see the rule behind the permit. We describe what the regulation does in our own words instead of reproducing it, and we point to the official text throughout. If you have a question about how any of this applies to your site, you can reach out to RMA.
Table of Contents
TL;DR
Chapter 92a of Title 25 of the Pennsylvania Code is DEP's NPDES regulation. It sets the framework for permit applications, general and individual permits, permit conditions, monitoring, fees, renewals, and penalties, and it builds in federal NPDES rules by reference, with the stricter standard winning when state and federal rules differ. PAG-03 is a general permit that DEP issues under that framework, so the regulation sets the outer rules and the permit supplies the facility-level details like sampling parameters, benchmarks, and plan requirements. Read the regulation for the structure, and read your permit for what you actually have to do.
What Is 25 Pa. Code Chapter 92a and What Does It Cover?
Chapter 92a is titled National Pollutant Discharge Elimination System Permitting, Monitoring and Compliance, and it's the part of the Pennsylvania Code where DEP sets the rules for NPDES permits. The chapter is organized into eight subchapters, labeled A through H. If you're hunting for a particular topic, the subchapter headings tell you where to start. Pennsylvania administers this program under federal approval, so Chapter 92a is how the state carries out a federal Clean Water Act program under its own law, including the Clean Streams Law.
| Subchapter |
Sections |
What it covers |
| A |
92a.1 to 92a.12 |
Definitions and general program requirements, including how federal rules are brought in |
| B |
92a.21 to 92a.36 |
Permit applications, signatories, application fees, and special NPDES program requirements |
| C |
92a.41 to 92a.55 |
Permits and permit conditions, including general permits |
| D |
92a.61 to 92a.62 |
Monitoring and annual fees |
| E |
92a.71 to 92a.76 |
Transfers, modification, revocation and reissuance, termination, and reissuance of expiring permits |
| F |
92a.81 to 92a.88 |
Public participation |
| G |
92a.91 to 92a.94 |
Permit coordination with EPA |
| H |
92a.101 to 92a.104 |
Civil penalties for violations of NPDES permits |
Chapter 92a also leaves some things out. It doesn't contain PAG-03's sampling parameters, benchmark values, or plan requirements, because those live in the permit and its industry appendices. It also isn't where construction-phase stormwater is mainly handled, since that runs largely through Chapter 102, which is outside what RMA does. And the chapter's section for definitions, 92a.2, is where terms like stormwater discharge associated with industrial activity get their meaning, which is why a facility's SIC code and activities matter so much. That definition points to the federal rule at 40 CFR 122.26(b)(14) for the list of covered industrial activities. If you're still working out whether that describes your site, our article on stormwater associated with industrial activity walks through it. The official text of the chapter is available through Cornell's Legal Information Institute and the Pennsylvania Code itself.
How Does Chapter 92a Relate to the Federal NPDES Rules?
Chapter 92a doesn't copy the federal NPDES regulations. It brings them in by reference, which means the state rule points to a specific federal provision and says that provision applies. Section 92a.3 is the key one. It adopts a list of federal provisions from 40 CFR Parts 122, 124, 125, and 132, to the extent they fit Pennsylvania and don't conflict with state law. Where a state provision and a federal provision both speak to the same point, the state provision generally controls, unless the federal one is more stringent, in which case the federal one applies. In practice, that's a stricter-standard-wins rule.
The same pattern shows up all over the chapter. The signatory section, 92a.22, incorporates the federal rule on who may sign applications and reports, 40 CFR 122.22. The permit conditions section, 92a.41, requires the standard conditions from 40 CFR 122.41 in every permit, and adds Pennsylvania-specific requirements on top. The monitoring section, 92a.61, incorporates 40 CFR 122.48 and says state monitoring, recording, and reporting requirements must be consistent with federal ones. Even the definition of an NPDES permit refers back to 40 CFR Parts 122 through 124. For full detail on any of these topics, you'll need to read the federal text the state section points to.
| Layer |
What it is |
What it does for your facility |
| Federal NPDES rules (40 CFR) |
The national baseline, including which industrial activities need stormwater permits |
Sets the floor that Pennsylvania's program has to meet |
| 25 Pa. Code Chapter 92a |
DEP's NPDES regulation, which incorporates parts of the federal rules by reference |
Sets the framework for applications, general and individual permits, conditions, monitoring, renewals, and penalties |
| PAG-03 General Permit |
A permit DEP issues under Chapter 92a for industrial stormwater discharges |
Sets the day-to-day duties: sampling, benchmarks, BMPs, plans, inspections, and reporting |
| Your facility's approval and plan |
DEP's approval of your coverage and your PPC Plan |
Applies the permit to your site's outfalls, activities, and appendix |
EPA stays involved, too. Subchapter G covers coordination with EPA, and the last PAG-03 reissuance showed what that looks like: EPA objected to the draft permit in February 2022, and DEP changed it and published a redraft before finalizing.
How Does Chapter 92a Handle General Permits Like PAG-03?
Section 92a.54 is the section that makes PAG-03 possible. It lets DEP issue a general permit for a clearly described category of discharges instead of writing an individual permit for each one. To qualify for that treatment, the discharges in the category need to be similar in operations, in what they discharge, and in the limits and monitoring they call for. The section also says that a category can't include discharges of toxic or hazardous pollutants and can't threaten water quality standards, and that discharges to High Quality or Exceptional Value waters are excluded. That last point is why a facility discharging to those waters can't use PAG-03, a requirement DEP's industrial stormwater page also describes.
The same section gives general permits a fixed term of no more than five years, which is why PAG-03 gets reissued on a regular cycle. It also explains how coverage can start. DEP can say in a general permit that an eligible discharger may begin discharging immediately upon submitting a timely and complete Notice of Intent, after a waiting period set in the permit, or upon receiving approval. PAG-03 works on the approval model, with coverage beginning when DEP authorizes it. And the section gives DEP the power to deny coverage or to revoke it and require an individual permit. In that case, the discharger generally has 90 days to submit a complete application or coverage ends, and a timely application keeps coverage in place until DEP acts on it.
Put that together and the division of labor becomes clear. Chapter 92a says what a general permit can be and how coverage works. PAG-03 fills in the details for industrial stormwater. Our guides to general, individual, and no-exposure NPDES permits and to PAG-03 permit requirements and sampling cover how that plays out at a working facility.
What Does Chapter 92a Say About NPDES Applications, Signatories, and Fees?
Section 92a.21 covers applications, and it's written mainly with individual permits in mind. Anyone planning to discharge pollutants has to file a complete application at least 180 days before the discharge begins, unless DEP sets a different timeline. The application goes on DEP's forms and has to include basic facility information, such as the site's name and location, its SIC or NAICS codes, a list of existing DEP and EPA permits, and a map that extends a mile beyond the facility. Applicants also have to show their compliance record with existing DEP permits and orders, and DEP can ask for more data on the discharge and the receiving water. A facility applying for PAG-03 follows DEP's Notice of Intent form and instructions instead, but DEP is looking for the same things.
Signatories are covered in section 92a.22, which incorporates the federal rule at 40 CFR 122.22. That rule decides who counts as an authorized signer for applications and reports, and it generally points to a responsible official of the company, not just whoever is handling the paperwork that week. If you're not sure whether the person who signs your NOI or eDMR submissions qualifies, check the federal text and the instructions on DEP's form.
Fees live in two sections. Section 92a.26 sets application fees, which vary by facility type and size for individual permits, and says the fee for a general permit Notice of Intent is set in the general permit itself, generally capped at $5,000 outside the construction stormwater program. Section 92a.62 sets annual fees, generally due each year on the anniversary of the permit's effective date, though a general permit can set its own schedule, as the current PAG-03 does with its March 23 annual report and fee date. Both sections require DEP to review the fees at least every three years, so the dollar figures change over time. For that reason, we'd rather send you to the current PAG-03 permit and DEP's fee information than quote numbers here that might be out of date by the time you read them.
What Does Chapter 92a Require for Monitoring, Reporting, and Permit Conditions?
Section 92a.61 sets the minimum rules for monitoring and reporting. Permittees monitor their own discharges, and the section calls for monitoring and reporting of toxic, conventional, and other pollutants at least once a year, with more frequent sampling where flows or pollutant levels vary. Stormwater discharges from industrial activity are handled case by case. Permittees have to report results at least once a year, using the format DEP sets, and keep detailed records of every sample, including the date, place, and time of sampling, who did the analysis and when, the methods used, and the results. Those records have to be kept for at least three years, longer if there's unresolved litigation or if DEP or EPA asks. DEP can also require extra sampling for a TMDL or for other reasons it considers appropriate, which is a topic we cover in our article on TMDLs, impaired waters, and NPDES stormwater permits.
The chapter sets a floor. PAG-03 builds the real structure on top of it, with industry-specific parameters, benchmark values, monitoring periods, and electronic reporting through eDMR. You'll find those details in the permit appendix for your industry, not in Chapter 92a. To see how the two fit together at the reporting end, our guides to discharge monitoring reports and Pennsylvania's eDMR system are good companions.
Section 92a.41 covers the conditions that go into every NPDES permit. It requires the standard federal conditions from 40 CFR 122.41, which include duties like complying with the permit, operating and maintaining controls properly, allowing inspections, keeping monitoring records, and reporting. It then adds Pennsylvania's own rules. One of those is that a permittee must give DEP oral notice as soon as possible, and no later than four hours, after becoming aware of an incident that causes or threatens pollution, with a written submission to follow within five days. The section also restricts discharges of things like floating materials, scum, sheen, and visible oil or grease unless the permit allows them. Separately, section 92a.12 says the strictest applicable standard governs, and that when treatment requirements or water quality standards change, a permittee has to respond to DEP's notice within 180 days by showing it already complies or submitting a schedule to get there.
What Does Chapter 92a Say About Permit Renewals, Individual Permits, and Penalties?
Permits don't last forever, and Chapter 92a says so in two places. Section 92a.7 limits NPDES permits to a fixed term of no more than five years. Section 92a.75 says a permittee that wants to keep discharging has to apply for reissuance at least 180 days before the permit expires, unless DEP approves a later date. DEP can reissue the permit after reviewing current information and finding that the permittee is complying with its existing permits, orders, and regulations, or has resolved past noncompliance, and that the discharge meets applicable standards. Section 92a.7 also provides for automatic continuation of an expiring permit when the permittee filed a timely application and DEP couldn't act before expiration through no fault of the permittee, and the continued permit stays enforceable until DEP takes final action.
Those rules are written for permits that are renewed one at a time, which describes individual permits. A general permit like PAG-03 is reissued differently. DEP publishes notice of a draft in the Pennsylvania Bulletin, takes comment, and then issues a new edition, and existing permittees follow whatever transition steps the new permit's notice lays out. That's the pattern we described in our articles on staying in NPDES stormwater compliance, which is why you read the notice for each edition instead of assuming the last transition repeats.
Subchapter H, sections 92a.101 through 92a.104, deals with civil penalties for violations of NPDES permits. We're not going to summarize penalty amounts here, since they're set by statute and regulation and change over time, and a regulation tour isn't the place to size up your own exposure. If you're facing a notice of violation, a consent order, or an enforcement question, an environmental attorney may be the right person to talk to alongside your consultant. Our article on PA DEP stormwater inspections shows how DEP checks a permit in the field.
How Can RMA Help With Chapter 92a and PAG-03 Requirements?
We aren't a law firm, and this article is a guide to the regulation, not legal advice or a substitute for the current text. What we do is help facilities turn the rules into a working program: figuring out whether PAG-03, an individual permit, or a No Exposure Certification fits, preparing the PPC Plan and Notice of Intent, setting up sampling and eDMR reporting, and keeping plans current when DEP reissues the permit. We work with Pennsylvania facilities all the time, and you can see how we approach it on our Pennsylvania NPDES and stormwater services page.
Plenty of detail-minded facility managers handle a good share of this themselves, and our article on doing PAG-03 yourself versus hiring a consultant can help you decide where outside help makes sense. If you'd rather talk it through, you can call, email, or fill out the form on our website and tell us about your facility. There's no obligation and no pressure, and if we're not the right fit, we'll say so. Whenever the timing works, contact RMA and we'll point you in the right direction.
