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PA Bulletin, Doc. No. 12-1606


Public Notice of Availability of Draft National Pollutant Discharge Elimination Systems General Permit for Stormwater Discharges Associated with Construction Activities (PAG-02)

[42 Pa.B. 5436]
[Saturday, August 18, 2012]

 The Department of Environmental Protection (Department) is proposing to revise the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction Activities (PAG-02, 2012 amendment) for renewal for 5 years. This General NPDES Permit is issued under the authority of the Clean Water Act (33 U.S.C.A. §§ 1251—1387) and The Clean Streams Law (35 P. S. §§ 691.1—691.1001). The current PAG-02 permit is scheduled to expire at midnight on December 7, 2012. The PAG-02 permit will continue to be in force until formal revision of PAG-02 is completed and announced in the Pennsylvania Bulletin, unless rescinded by Department at an earlier date.

 A summary of the revisions for the draft PAG-02, 2012 amendment are as follows: long-term operation and maintenance of post construction stormwater Best Management Practices (BMP), licensed professional obligations and Notice of Termination were added to become compliant with the revisions made on November 19, 2010, to 25 Pa. Code Chapter 102 (relating to erosion and sediment control); Part A includes effluent monitoring conditions and limitations for turbidity to maintain compliance with 40 CFR Part 450 (relating to construction and development point source category); Part C changes preconstruction meetings from voluntary to mandatory unless the applicant is informed by the Department or delegated conservation district that it is not necessary; Part C provides for the creation of voluntary riparian forest buffers; Part C allows for municipal separate storm sewer systems to use the Commonwealth's Chapter 102 permitting program to satisfy their minimum control measures 4 and 5 (BMPs 1-2). The Department is also implementing a disturbed acreage fee ($100 per disturbed acre) that is added to the base fee ($500) for the permit.

 The Department invites public comments on the proposed revisions to PAG-02. Comments must be submitted by September 17, 2012. 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 renewal permit. If more significant issues of public interest are raised, the Department may schedule a public meeting or hearing. Written comments should be submitted to Jennifer Orr, Chief of the NPDES Construction and Erosion Control Section at the address as follows. Comments will also be accepted to Comments sent by facsimile or voice mail will not be accepted.

 The proposed PAG-02, 2012 amendment draft permit is available by contacting the Department of Environmental Protection, Bureau of Waterways Engineering and Wetlands, Rachel Carson State Office Building, P. O. Box 8460, 3rd Floor, Harrisburg, PA 17105-8460, (717) 787-3411, The proposed PAG-02, 2012 amendment draft permit is also available on the Department'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 Pennsylvania 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, 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. 12-1606. Filed for public inspection August 17, 2012, 9:00 a.m.]

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