NOTICES
General NPDES Small Construction Permit (PAG-14)
[32 Pa.B. 3990] The Department of Environmental Protection (Department) is proposing to issue a General National Pollutant Discharge Elimination System (NPDES) Small Construction Permit (PAG-14) for construction activities involving 1 to 5 acres of earth disturbance with a point source discharge of stormwater.
On December 8, 1999, the Environmental Protection Agency (EPA) published the final Phase II NPDES Storm Water Regulations (Phase II) in 40 CFR Part 122 and 123 (64 Fed. Reg. 68722). In addition to the Municipal Separate Storm Sewer System (MS4) Permit Program, the Phase II regulations identify an additional class of earth disturbance activities that will be subject to the requirements of the NPDES permit program: stormwater discharges associated with small construction activities that disturb 1 acre but less than 5 acres of land and that have a point source discharge. Further, construction activities disturbing less than 1 acre will also require a permit under Phase II if they are part of a larger common plan of development or sale that will disturb 1 acre but not more than 5 acres over the life of the project or when the activity is otherwise designated for permit coverage by the NPDES permitting authority. The Department must implement the Phase II requirements for NPDES permit coverage of construction activities between 1 and 5 acres by December 8, 2002.
PAG-14 applies to persons proposing new or conducting existing small construction activities, including clearing and grading, and excavation activities involving 1 to 5 acres 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 to 5 acres of earth disturbance over the life of the project and that has a point source discharge to surface waters of this Commonwealth (small construction activities). This notice on the proposed general permit authorization relates to Phase II permit requirements only. Phase I permit requirements (PAG-2) apply to earth disturbances of 5 acres or more and are not impacted by this notice.
The final Phase II stormwater requirements will be met through a risk-based permit approach that requires compliance with 25 Pa. Code Chapter 102 (relating to erosion and sediment control). Specifically, PAG-14 will require operators to submit a notice of intent identifying that they have developed an Erosion and Sediment Control (E&S) Plan under 25 Pa. Code Chapter 102, and that performance-based best management practices (BMPs) as described in the E&S Plan will be implemented and maintained to effectively control erosion and sedimentation to protect water quality. The BMPs must be set forth in a written plan meeting the requirements found in 25 Pa. Code § 102.4(b)(5) (relating to erosion and sediment control requirements), and the E&S Plan must be available at the site of the construction activity at all times. PAG-14 requires submission of a Notice of Intent (NOI) that includes general operator and site information, and a certification that a written E&S Plan, Preparedness, Prevention and Contingency Plan and Post Construction Stormwater Management Plan have been developed and BMPs will be implemented to protect the water quality of the receiving surface waters of this Commonwealth. In addition, a Notice of Termination will be required to be submitted when final stabilization of the site has been achieved as defined in PAG-14, or stormwater construction runoff is no longer being discharged from the small construction activity or when another operator has assumed control of the site. Some small construction activities will not be eligible for coverage under this general permit including, but not limited to: discharges from construction activities located in special protection watersheds; discharges to waters for which an NPDES general permit coverage is prohibited under 25 Pa. Code Chapter 92 (relating to National Pollutant Discharge Elimination System Permitting, Monitoring and Compliance); discharges associated with coal or noncoal mining activity; or discharges which contain any substance which may pose a substantial present or future hazard to human health or the environment when discharged into surface waters of this Commonwealth. Small construction activities that are not eligible for general permit coverage must utilize an application for Individual NPDES Permit for Stormwater Discharges Associated with Construction Activities.
Administratively, the PAG-14 NOI consists of a three copy snap set application. Persons required to obtain coverage under PAG-14 will complete information on the form and submit it to the local County ConservationDistrict Office, if delegated NPDES registration authority or the Department Regional Office. Upon receipt, the office will register the permit, forward one copy for Pennsylvania Bulletin publication, return one to the permit registrant and retain the third copy for filing. Persons may not commence work until they have received a confirmation of registration. This proposed process is built upon existing 25 Pa. Code Chapter 102 requirements, minimizes permit registration processing time for the County Conservation Districts and the Department, expedites the registration process for applicants, and meets the Federal requirements for NPDES permitting.
An NPDES permit will not be required if a small construction activity will not have a point source discharge to a surface water of this Commonwealth. However, compliance with 25 Pa. Code Chapter 102, including the development of E&S Plans and the implementation and maintenance of BMPs, is still required.
The Department has determined that the two waiver provisions identified by the EPA in the Phase II will not be applicable in this Commonwealth. The first waiver of predicted rainfall potential will not be applicable because the allowable average expected rainfall distribution and erosivity factors do not provide any exemptions for activities conducted in this Commonwealth. As for the second waiver, TMDLs for stormwater discharges associated with construction activities have not been developed for this Commonwealth.
The proposed PAG-14 has been sent to the EPA Region III Administrator for review and comment.
Small construction activities within MS4 jurisdictions in certain ''urbanized areas'' will be subject to additional requirements. These are described in 40 CFR Parts 122 and 123 and in the Department's recently proposed NPDES Stormwater Discharges from Small MS4 General Permit (PAG-13) published at 32 Pa.B. 3444 (July 13, 2002).
Persons wishing to comment on the proposed PAG-14 are invited to obtain a copy of the revised permit from Kenneth Murin, Chief, Technical Support Section, Department of Environmental Protection, Bureau of Watershed Management, Division of Waterways, Wetlands and Erosion Control, 10th Floor, Rachel Carson State Office Building, P. O. Box 8775, Harrisburg, PA 17105-8775 or e-mail kmurin@state.pa.us.
Comments must be submitted within 30 days from the date of this notice. The period for comments may be extended at the discretion of the Department for one additional 15-day period. Comments received within this 30-day period will be considered in the formulation of the Final Notice of Availability of Amendments to PAG-14. Comments should include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of the comment and the relevant facts upon which it is based. A public hearing may be held if there is significant public interest and request identified by the comments.
Following the 30-day comment period, the Department will make a final determination regarding the proposed PAG-14. Notice of this determination will be published in the Pennsylvania Bulletin.
A draft of PAG-14 and related documents is on file at the Department's Central Office of the Bureau of Watershed Management at the location noted previously. In addition, a copy can be viewed at http://www.dep.state. pa.us/dep/deputate/watermgt/wc/wc.htm. Persons wishing to review or receive further information should contact the office previously noted or call (717) 787-6827. Persons with a disability may use the AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).
DAVID E. HESS,
Secretary
[Pa.B. Doc. No. 02-1382. Filed for public inspection August 9, 2002, 9:00 a.m.]
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