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PA Bulletin, Doc. No. 02-2177

NOTICES

Availability of Final General NPDES Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (PAG-13)

[32 Pa.B. 5999]

   Under The Clean Streams Law (35 P. S. §§ 691.1--691.101), sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-5, 510-17 and 510-20) and 25 Pa. Code Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance), the Department of Environmental Protection (Department) announces the availability of its final General Permit (and related documents) for stormwater discharges from municipal separate storm sewer systems (MS4s).

   The permit materials consist of the following documents: (1) Fact Sheet; (2) Notice of Intent (NOI) and instructions; (3) the MS4 permit (PAG-13) and the Department's Approval of Coverage; (4) Request for Waiver and Instructions; and (5) Information Request Form and Instructions. There are also three other important documents: (1) the Department's Stormwater Management Protocol (Protocol), a set of preapproved minimum control measures that can be used to meet permit requirements; (2) a list of references; and (3) a description of the extent to which existing State law--the Stormwater Management Act (32 P. S. §§ 680.1--680.17)--can be used to help municipalities fund their permit requirements.

   PAG-13 can be used by all eligible MS4s to comply with the Federal Phase II stormwater regulations (see 64 FR 68722-68851, December 8, 1999; 40 CFR 122-26--123.35)), which are incorporated by reference into 25 Pa. Code § 92.2 (relating to incorporation of Federal regulations by reference). The Environmental Protection Agency (EPA) Region III has reviewed and approved the permit package for publication. Additional information about these Federal permit requirements is available on the EPA website: http://cfpub.epa.gov/npdes/home. cfm?program_id=6.

   There are certain eligibility requirements for using PAG-13 described in the permit documents. For instance, PAG-13 is not available for discharges into water bodies classified as Exceptional Value or High Quality under 25 Pa. Code Chapter 93 (relating to water quality standards). An ''individual permit'' will be required for discharges to those categories of water bodies.

   The Department proposed the General Permit package on July 13, 2002, for a 30-day comment period and subsequently extended the comment period for another 30 days. The comment period ended September 23, 2002. In addition to the General Permit, on December 13, 2001, the Department also published a proposed Phase II Storm Water Permitting Strategy (385-2000-012) for public comment. Numerous comments have been received on both documents. Many of the comments on the proposed strategy were addressed in the more detailed General Permit package proposed in July 2002. The Department has reviewed and considered the comments received on both documents and the final MS4 permit package available December 7, 2002, reflects the Department consideration of the comments. This final permit also makes the permit strategy document (385-2000-012) unnecessary, and it is therefore being withdrawn. A consolidated comment and response document will be available from the Department by calling or writing to the following address.

   The General Permit and related documents can be obtained from the Department website at www.state.pa.us (directLINK ''stormwater''), by contacting the local Department Regional Office or from the Department's Central Office by contacting the Department of Environmental Protection, Bureau of Watershed Management, Division of Water Use Planning, Rachel Carson State Office Building, P. O. Box 8555, 10th Floor, Harrisburg, PA 17105-8555, (717) 783-7420. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users or (800) 654-5988 (voice users).

   To assist MS4s in developing the stormwater programs required by this General Permit, the Department is distributing the package to all affected MS4 municipalities. A detailed list of affected MS4s is included with the NOI instructions. In addition, the Department has developed a CD-ROM with a variety of materials which MS4s can use to meet their permit requirements, and this is also being sent to all affected MS4s. The Department also will be distributing the package to all ''potential'' small MS4s asking that a completed information request form be returned to facilitate Department permitting decisions for the potential MS4s.

   The basic requirement of this General Permit is for MS4s to implement a plan to develop a stormwater management program within their municipality. To obtain that permit coverage, the MS4 must submit an NOI to be covered by the General Permit by March 10, 2003. The NOI must include a plan for developing and implementing that local program during the 5-year permit term (by March, 2008). The Protocol mentioned contains a plan to accomplish those goals that are acceptable to the Department.

DAVID E. HESS,   
Secretary

[Pa.B. Doc. No. 02-2177. Filed for public inspection December 6, 2002, 9:00 a.m.]


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