Availability of Draft NPDES General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (PAG-13)
[45 Pa.B. 2674]
[Saturday, May 30, 2015]
The Department of Environmental Protection (Department) by this notice is announcing the availability of a draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (PAG-13). This General NPDES Permit is issued under the authority of the Federal Clean Water Act (33 U.S.C.A. §§ 1251—1388) and The Clean Streams Law (35 P. S. §§ 691.1—691.1001).
The PAG-13 General Permit is intended to provide NPDES permit coverage to existing or proposed regulated small municipal separate storm sewer systems (MS4) for discharges of stormwater to surface waters of the Commonwealth. The existing PAG-13 General Permit in effect at this time, effective March 16, 2013, will expire on March 15, 2018, and remains in full force and effect until that date. See 41 Pa.B. 5042 (September 17, 2011). The Department is proposing to reissue a final PAG-13 General Permit to become effective on March 16, 2018.
The draft PAG-13 General Permit includes the following proposed significant changes in comparison to the existing PAG-13 General Permit:
• When covered by the PAG-13 General Permit, a permittee would not need to submit a Notice of Intent (NOI) for renewal of coverage unless requested by the Department. An MS4 Annual Status Report will be required by September 30 each year. The MS4 Annual Status Report will serve as notice to the Department as to whether the permittee wishes to continue operating under the PAG-13 General Permit or desires termination of permit coverage, and will summarize activities under the permittee's stormwater management program.
• All MS4 permittees would be required to submit an MS4 Annual Status Report to the Department; the existing PAG-13 General Permit requires the submission of annual reports for first-time permittees and permittees within the Chesapeake Bay watershed only. Renewal permittees not located in the Chesapeake Bay watershed would also need to begin submitting annual reports.
• MS4s that have been allocated a specific (individual) or bulk (aggregate) wasteload allocation in a Total Maximum Daily Load for nutrients or sediment, or both, will not be eligible for PAG-13 General Permit coverage. An individual NPDES permit would be required. The MS4s that the Department has identified as needing an individual permit are listed in the ''MS4 Requirements Table,'' available on the Department's web site at www.depweb.state.pa.us/MS4.
• Appendices A, B and C in the draft PAG-13 General Permit specify measures that would be implemented by small MS4s to address the presence of metals or pH, or both, associated with acid mine drainage, pathogens and priority organic compounds in stormwater discharges, respectively. Appendix D would require implementation of a Pollutant Reduction Plan (PRP) to reduce the pollutant loading of nutrients and sediment over a 5-year period for discharges to surface waters in the Chesapeake Bay watershed. Appendix E would require implementation of a PRP to reduce the pollutant loading of nutrients or sediment, or both, over a 5-year period for discharge to impaired surface waters. The PRP would need to be submitted to the Department as part of the PAG-13 General Permit NOI.
The proposed NOI fee for coverage under this General Permit is $500 per year the permittee operates under the General Permit. The NOI fee will be paid in installments, with the initial fee of $500 submitted with the NOI for permit coverage and an installment of $500 to be submitted with the MS4 Annual Status Report, if the permittee does not wish to terminate permit coverage.
The draft General Permit and related documents are available on the Department's web site at www.elibrary.dep.state.pa.us (Select ''Permit and Authorization Packages,'' then ''Point and Non-Point Source Management,'' then ''National Pollutant Discharge Elimination System—NPDES,'' then ''General Permits,'' then ''PAG-13 (Draft).''
The Department is seeking comments on the draft PAG-13 General Permit (3800-PM-BPNPSM0100d) and accompanying documents for a period of 60 days. In addition to any other comments, the Department is specifically soliciting comments on use of the terms ''surface waters,'' ''surface waters of the Commonwealth'' and ''waters of the Commonwealth'' in the draft PAG-13 General Permit. Written comments submitted during the 60-day comment period will be retained by the Department and considered in finalizing the General Permit.
Interested persons may submit written comments by July 29, 2015. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by e-mail, must include the originator's name and address.
Commentators are urged to submit comments using the Department's online eComment for Policies at www.ahs.dep.pa.gov/eComment. Written comments can also be submitted to the Department of Environmental Protection, Bureau of Point and Non-Point Source Management, Rachel Carson State Office Building, P. O. Box 8774, Harrisburg, PA 17105-8774, RA-EPPAMS4@pa.gov.
The Department will provide an opportunity for any interested person or group of persons, any affected State, any affected interstate agency, the United States Environmental Protection Agency or any interested agency to request or petition for a public hearing with respect to the proposed General Permit. The request or petition for public hearing, which must be filed within the 60-day period allowed for filing of written comments, must indicate the interest of the party filing the request and the reasons why a hearing is warranted. A hearing will be held if there is significant public interest.
Questions regarding the draft PAG-13 General Permit should be directed to the Bureau of Point and Non-Point Source Management, (717) 787-5017, RA-EPPAMS4@pa.gov.
[Pa.B. Doc. No. 15-1013. Filed for public inspection May 29, 2015, 9:00 a.m.]
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