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PA Bulletin, Doc. No. 06-2160

NOTICES

Initiatives to Improve NPDES Post-Construction Stormwater Management Permitting; Public Comment Notice

[36 Pa.B. 6738]
[Saturday, November 4, 2006]

   In 2000, amendments were implemented to the Federal Clean Water Act that have, as a result, cumulatively increased the demand for stormwater permits issued by the Department of Environmental Protection (Department) over the last 6 years. These amendments, which include new permitting requirements for sites less than 5 acres but greater than 1 acre, have in 6 years nearly doubled the workload of Departmental staff responsible for processing NPDES Post-Construction Stormwater Permits. In addition to these challenges, the complexity of the applications submitted to the Department have also intensified due to the implementation of Federal post-construction stormwater requirements. These complicated and complex permit applications have unwittingly resulted in a more lengthy Department review of the permit application. To address these issues, including improving the quality of permit applications and reducing the Department's review time of NPDES Post-Construction Stormwater Management permit applications, the Department is considering four initiatives for which it is requesting public comment. These initiatives, summarized as follows, include:

   Initiative 1: Encourage the Use of a Simultaneous Review Process for Erosion and Sediment Control and Post-construction Stormwater Plan Review

   The Department will encourage the use of a simultaneous review process for Erosion and Sediment Control and Post Construction Stormwater Management (PCSM) Plan review. This initiative consists of a modified permit application process for the NPDES Permit for Stormwater Discharges Associated with Construction Activities, which includes review of an Erosion and Sediment Control Plan as well as the PCSM Plan. This voluntary pilot permit process begins with the owner/applicant and their ''design team'' meeting with the Department, county conservation district staff and municipal officials to jointly review and discuss the conceptual, or preliminary design plans. Following any edits to the plans the same group meets to discuss the application, design plans, stages of the project, and the project specifications. No final permit decisions are made in the group setting. Following the conclusion of the simultaneous review, the Department will make a permit decision based on evaluation of the application and considering comments during the public comment period within 32-calendar days.

   Consultants will be required to develop and submit quality permit applications that are complete and consistent with applicable Department, county and municipal post-construction stormwater management requirements to qualify for expedited permit review.

   Initiative 2: Expedited Permit Review where applicants have Municipal or County Conservation District Approval of the PCSM Plan and that the Plan has been sealed by a Professional Engineer (PE) who has attended Best Management Practices (BMP) Manual training and has demonstrated knowledge and experience in preparing PCSM Plans

   The Department will provide expedited permit reviews where applicants have municipal or county conservation district approval of the PCSM Plan and that the Plan has been sealed by a PE who has attended BMP Manual training and has demonstrated knowledge of the program through the submission of a complete and quality application. When a land developer submits an administratively complete and acceptable application that includes PCSM Plans that have been approved by the municipality and the plans are sealed by a PE who has attended BMP Manual training, the Department will do a final review and make a permit decision considering comments received during the public comment period within 32-calendar days.

   This same process would also be available to developers where a county conservation district has approved the plans. The Department will work with the county conservation districts to encourage them to contract for engineering services. To date only three county conservation districts have engineers on staff. Fees for this service would come from the applicants.

   In the event neither a municipality or county conservation district is equipped to approve a plan but the plans are sealed by a PE who has attended BMP Manual training, the Department will conduct a review of the PCSM Plan concurrent with the county conservation district's review of the Erosion and Sediment Control Plan. The Department will make a permit decision within 66-calendars days of receipt of an administratively complete application.

   Initiative 3: Development of New General Permits (GPs) and Clarification of Existing General Permits

   The Department currently provides an NPDES General Permit (PAG-2) that can be used for most construction activities that require authorization under either Phase I or II. Some activities that are not eligible for coverage under the general permit include: (1) activities in special protection watersheds; (2) activities prohibited from coverage under 25 Pa Code Chapter 92 (relating to national pollutant discharge elimination system permitting, monitoring and compliance); and (3) activities otherwise listed in the PAG-2 General Permit as ineligible.

   In addition to the availability of PAG-2, the Department will develop additional NPDES GPs for use in nonspecial protection water or clarify existing NPDES GPs. The Department is interested in comments regarding the types of GPs that may be necessary and useful.

   Initiative 4: Third-Party Service Providers--Development of a Solicitation for Engineering Services (SFES)

   The Department is required under the applicable statutes, regulations, case law and the program delegation from the Environmental Protection Agency to undertake a substantive review of applications submitted and to make an independent judgment as to the adequacy of those applications under the law. Retention of this review and ultimate decision-making authority is also critical to the Department's ability to respond to legal challenges to its decisions.

   Under this initiative, the Department will solicit proposals from consultants, including conservation districts, to assist applicants in preparing NPDES Stormwater permit applications or facilitating the application development process. From this solicitation, the Department will authorize third-party service providers that demonstrate experience and ability to perform these services. These services will be available to applicants either directly or through conservation districts. Applications that reflect the full benefits of these services will qualify for expedited NPDES permit reviews by the Department.

   Third-party service providers must meet minimum qualifications. Payments for services will be made by applications seeking the third-party services directly to the conservation district or third-party service provider. Payments will be based on an hourly fee schedule submitted with the service provider proposal and approved by the Department. Conservation districts may charge a plan review surcharge fee, above their normal plan review fee, to applicants who choose to use either of the third-party service provider services to offset the costs of the services and ensure an expedited review process.

   The Department will accept comments to improve NPDES Post-Construction Stormwater Management Permitting, including suggestions in addition to the initiatives summarized in this notice, until December 4, 2006. Written comments should be sent to Ken Murin, Chief, Division of Waterways, Wetlands and Stormwater Management, P. O. Box 8775, Harrisburg, PA 17105-8775; ep-stormwaterinitiative@state.pa.us. Comments received will be used by the Department to finalize implementation strategies to improve NPDES Post-Construction Stormwater Management Permitting. A notice concerning the finalization of these strategies, including a schedule for implementation, will be published in a future edition of the Pennsylvania Bulletin.

   A White Paper, describing in detail the initiatives summarized in this notice, is available for public review. Copies of the White Paper may be obtained by contacting Claudia Merwin, Bureau of Watershed Management, at (717) 787-6827, cmerwin@state.pa.us. Persons with a disability may obtain this document by contacting the AT&T Relay Service at (800) 654-5984 (TDD Users) or (800) 654-5988 (voice users). The White Paper is also available on the Department's website at www. depweb.state.pa.us (DEP Keywords: Stormwater).

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 06-2160. Filed for public inspection November 3, 2006, 9:00 a.m.]


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