Public Notice of Draft NPDES General Permit for Stormwater Discharges Associated with Construction Activities (PAG-02)
[49 Pa.B. 4603]
[Saturday, August 17, 2019]
The Department of Environmental Protection (Department) is announcing the availability of a draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction Activities (PAG-02) for reissuance. To access the draft PAG-02 and related documents, visit the Department's eLibrary at www.depgreenport.state.pa.us/elibrary/ (select ''Permit and Authorization Packages,'' then ''Clean Water,'' then ''PAG-02 NPDES General Permit (Draft)'').
The PAG-02 General Permit is intended to provide NPDES permit coverage to persons discharging stormwater associated with construction activities to surface waters of this Commonwealth in satisfaction of State NPDES permit requirements (25 Pa. Code §§ 92a.1(b) and 102.5(a) (relating to purpose and scope; and permit requirements)) and Federal NPDES permit requirements (40 CFR 122.26(b)(14)(x) and (b)(15) (relating to storm water discharges (applicable to State NPDES programs, see § 123.25)). This draft PAG-02 General Permit would apply to eligible projects proposing an earth disturbance activity that involves 1 acre or more of earth disturbance, or an earth disturbance on any portion, part, or during any stage of a larger common plan of development or sale that involves 1 acre or more of earth disturbance. If a project requires NPDES permit coverage but is ineligible for PAG-02 coverage, an applicant may apply for an individual NPDES permit.
Notices of Intent (NOI) to use this draft PAG-02 General Permit for NPDES permit coverage would be submitted to county conservation districts (CCD) that are delegated by the Department to complete reviews of NPDES permit applications under 25 Pa. Code Chapter 102 (relating to erosion and sediment control), or in the absence of a delegated CCD, a regional office of the Department. An eligible applicant may not commence a discharge under the General Permit until the following conditions have been met:
1. The applicant has submitted a complete NOI package (3800-PM-BCW0405b and required attachments) in accordance with the requirements of the General Permit and the NOI instructions.
2. The applicant has received written approval of coverage under PAG-02, signed by the appropriate Department/CCD manager or supervisor.
3. All other permits and approvals relating to the earth disturbance activities reported in the NOI, including but not limited to sewage planning approval required by the Pennsylvania Sewage Facilities Act (35 P.S. §§ 750.1—750.20a), if applicable, have been obtained.
4. A pre-construction meeting has been held unless waived in writing by the Department/CCD.
The following bullet points summarize the proposed changes for the reissuance of this draft PAG-02 General Permit in comparison to the PAG-02 General Permit currently in effect, which expires on December 7, 2019:
• Expiration date of coverage—Coverage under this draft PAG-02 would expire on the date the master General Permit expires, which is currently planned for December 7, 2024.
• New requirements are proposed to ensure onsite personnel are properly trained and are aware of responsibilities under the General Permit.
• The proposed draft General Permit would include changes to non-compliance reporting to align with the reporting requirements of 25 Pa. Code §§ 91.33 and 92a.41(b) (relating to incidents causing or threatening pollution; and conditions applicable to all permits).
• This draft General Permit would clarify the appropriate form that must be used for documenting visual site inspections (or equivalent) and the measurable rainfall that triggers a post-storm inspection (that is, 0.25 inches).
• New forms would be available for notifying municipalities and counties of construction projects to satisfy Acts 14, 67, 68 and 127.
• Prohibitions concerning discharge to impaired waters, with and without a Total Maximum Daily Load, would be revised to clarify the causes of impairment trigger- ing additional measures, and to specify that the additional measures include non-discharge alternatives or antidegradation best available combination of technologies best management practices.
• For the proposed General Permit, the Department is seeking to improve the efficiency and consistency of Department/CCD completeness and technical reviews by requiring the use of templates for the narrative components of Erosion and Sediment (E&S) and Post-Construction Stormwater Management (PCSM) Plans (that is, E&S Module 1 and PCSM Module 2).
Additional information on the proposed terms and conditions of this draft PAG-02 General Permit can be found in the draft PAG-02 General Permit Fact Sheet and other supporting documents available in the Department's eLibrary.
Applicants must submit a $500 administrative filing fee and the NOI package to the delegated CCD, along with any additional fees the CCD requires. Applicants must also submit a fee in the amount of $100 for each disturbed acre to the Department. If a project is located in a county without a delegated CCD, both the disturbed acre fee and the administrative filing fee must be submitted to the Department.
The Department is also announcing the availability of a draft Department PCSM Spreadsheet that may be used to facilitate calculations for PCSM Plans. The PCSM Spreadsheet may be accessed by visiting the Department's Construction Stormwater web site at www.dep.pa.gov/constructionstormwater (select ''E&S Resources''). The PCSM Spreadsheet is macro-enabled and requires the use of Microsoft Excel.
Interested persons are invited to submit written comments regarding the draft PAG-02 General Permit, associated documents and PCSM Spreadsheet through Monday, September 16, 2019. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by e-mail, must include the commentator's name and address. Commentators are encouraged to submit comments using the Department's online eComment tool at www.ahs.dep.pa.gov/eComment or by e-mail to firstname.lastname@example.org. Written comments can be mailed to the Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063.
Written comments submitted during the 30-day public comment period will be retained by the Department and considered before finalization of the General Permit. 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 draft General Permit. The request or petition for public hearing, which must be filed within the 30-day time 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 scheduled if there is significant public interest.
Questions regarding the draft PAG-02 can be directed to Sean Furjanic at email@example.com or (717) 787-2137.
[Pa.B. Doc. No. 19-1239. Filed for public inspection August 16, 2019, 9:00 a.m.]
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