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PA Bulletin, Doc. No. 09-1473


Proposed Revisions to General NPDES Permit for Stormwater Discharges Associated With Construction Activities (PAG-2); Public Notice of Availability

[39 Pa.B. 4955]
[Saturday, August 15, 2009]

   The Department of Environmental Protection (Department) by this notice is proposing to revise the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated With Construction Activities (PAG-2, 2002 amendment) for renewal for another 5 years. This General NPDES Permit is issued under the authority of the Clean Water Act (33 U.S.C.A. §§ 1251--1376) and The Clean Streams Law (35 P. S. §§ 691.1--691.1001). The current PAG-2 permit was extended by a notice at 39 Pa.B. 2637 (May 23, 2009) and is scheduled to expire at midnight December 7, 2009. The PAG-2 permit will continue to be in force until formal revision of PAG-2 2009 amendment is completed and announced in the Pennsylvania Bulletin, unless rescinded by the Department at an earlier date.

   A summary of the revisions for the draft PAG-2, 2008 amendment are: the definition section has been moved from Part B to the beginning of the general permit and the number of definitions has been expanded; a new section has been added entitled ''Authority and Responsibilities of the Department or authorized Conservation Districts'' to clearly outline their authorities and responsibilities; Part B, the Termination of Coverage section has been expanded to include additional information regarding the submission of the Notice of Termination; Part C, the Post Construction Stormwater Management Plans Section has been expanded; and clean fill requirements, infiltration Best Management Practices, and stabilization requirement sections have been added. An additional condition not eligible for coverage under this permit has been added to the Notice of Intent (NOI) section for when a proposed discharge to surface waters identified as impaired waters will not meet the recommended control guidelines as listed in the Pennsylvania Stormwater Best Management Practices Manual. The Department is also proposing to increase the PAG-2 permit filing fee from $250 to $500, payable to the appropriate Clean Water Fund.

   The Department invites public comments on the proposed revisions to PAG-2. Comments must be submitted by September 14, 2009. If there is significant public interest or if requested, the comment period may be extended at the discretion of the Department for an additional 15-day period. Only comments received during the specified comment period will be considered in the final amendment. If more significant issues of public interest are raised, the Department may schedule a public meeting or hearing. Written comments should be submitted to Barbara Beshore, Chief of the NPDES Construction and Erosion Control Section at the address as follows. Comments will also be accepted by e-mail to Comments sent by facsimile or voice mail will not be accepted.

   The proposed PAG-2, 2008 amendment draft permit is available by contacting the Department of Environmental Protection, Bureau of Watershed Management, Rachel Carson State Office Building, P. O. Box 8775, 10th Floor, Harrisburg, PA 17105-8775, (717) 772-6827, e-mail The proposed PAG-2, 2008 amendment draft permit is also available on the DEP's web site at (choose ''Public Participation''; then scroll down to ''Proposals Currently Open for Comment'').

   Persons with a disability may contact the Department by using the AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). Following the specified comment period, the Department will review all submitted comments and prepare a comment and response document and the final documents package for this General Permit. Availability of the final permit documents will be announced in the Pennsylvania Bulletin.


[Pa.B. Doc. No. 09-1473. Filed for public inspection August 14, 2009, 9:00 a.m.]

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