25 Pa. Code § 92a.3 - Incorporation of Federal regulations by reference

(a) The Federal NPDES regulations in subsection (b) are incorporated by reference to the extent that these provisions are applicable and not contrary to the law of the Commonwealth. In the event of a conflict between a Federal regulatory provision and a regulation of the Commonwealth, the provision expressly set out in this chapter shall be applied unless the Federal provision is more stringent.

(b) The following Federal regulatory provisions in 40 CFR Parts 122, 124, 125, and 132 are incorporated by reference:

(1) 122.2 (relating to definitions) unless the definitions in § 92a.2 (relating to definitions) are different.

(2) 123.25(c) (relating to requirements for permitting).

(3) 124.57(a) (relating to public notice).

(4) 125.1-125.3 (relating to criteria and standards for imposing technology-based treatment requirements under sections 301(b) and 402 of the act).

(5) 125.30-125.32 (relating to criteria and standards for determining fundamentally different factors under sections 301(b)(1)(A), 301(b)(2)(A) and (E) of the act).

(6) 125.70-125.73 (relating to criteria for determining alternative effluent limitations under section 316(a) of the act).

(7) 132 (relating to water quality guidance for the Great Lakes system).

(c) The Federal NPDES regulations in §§ 92a.4-92a.6, 92a.8, 92a.21, 92a.22, 92a.30-92a.35, 92a.41-92a.45, 92a.55, 92a.61, 92a.71-92a.74, 92a.85 and 92a.92 are incorporated by reference to the extent that these provisions are applicable and not contrary to the law of the Commonwealth. In the event of a conflict between a Federal regulatory provision and a regulation of the Commonwealth, the provision expressly set out in this chapter shall be applied unless the Federal provision is more stringent.

Notes

25 Pa. Code § 92a.3