NOTICES
Proposed NPDES General Permit for Stormwater Associated with Mining Activities (BMR GP-104)
[39 Pa.B. 734]
[Saturday, February 7, 2009]In accordance with The Clean Streams Law (35 P. S. §§ 691.1--691.1001), the Clean Water Act (33 U.S.C. §§ 1251--1387), and 25 Pa. Code Chapters 92 and 102 (relating to National Pollutant Discharge Elimination System Permitting, Monitoring and Compliance; and erosion and sediment control), the Department of Environmental Protection (Department) by this notice announces its intent to issue an NPDES General Permit for Stormwater Associated with Mining Activities (BMR GP-104).
Under 25 Pa. Code § 92.2 (incorporating by reference 40 CFR 122.26(a)--(b), (c)(1), (3), (d), (e)(1), (3)--(7) and (f)--(g) (relating to stormwater discharges)), an NPDES permit is required for discharges associated with a mining operation which are composed entirely of stormwater. A mining operation is required to have an individual NPDES permit, or coverage under a general NPDES permit, if the site has expected or potential discharges of stormwater runoff.
For both coal and noncoal mining operations, where the only potential discharge will be composed entirely of stormwater, the discharge is appropriately controlled under a general permit. A general permit is justified for the following reasons: 1) These mining operations are substantially similar in scope and operations including use of common Best Management Practices (BMPs) for erosion and sedimentation control; 2) They would potentially discharge the same type of pollutant (that is, suspended solids); 3) They would require the same effluent limitations or operating conditions in the form of a set of commonly-used BMPs; and 4) These operations, individually and cumulatively, do not have the potential to cause significant adverse environmental impact from stormwater discharges.
Applicability
This general permit applies to earth disturbance activity associated with mining where, in the absence of BMPs, an area of disturbance 1 acre or greater will result in a point source discharge of stormwater to surface waters of this Commonwealth. This general permit is issued in conjunction with a separate mining permit or exploration where the only expected discharge to surface waters of the Commonwealth will consist entirely of stormwater, in which the main potential pollutant is sediment.
This general permit will apply to mining activities (as defined in 25 Pa. Code §§ 87.1 and 88.1 as ''Surface mining activities'' and in 25 Pa. Code § 77.1 as ''Noncoal surface mining activities'') where the only potential pollutant is sediment from stormwater runoff. This general permit will address stormwater in association with mining activities and adjacent areas that may not be part of the mining permit but are integral to it (such as access roads and processing facilities). This general permit will include provisions for stormwater-related discharges only, not process water or pumped groundwater. And, this general permit is not applicable for an operation that will, or has the potential to discharge to, special protection (EV or HQ) waters, including EV wetlands, or to streams identified as ''impaired waters'' for sediment.
Registration and Information Requirements
To qualify for coverage under this general permit, a licensed mine operator must submit a complete Notice of Intent (NOI) form. The operator must indicate the applicable mining permit or exploration associated with the general permit for stormwater coverage (only one site per NOI for coverage under the GP), or attach the applicable information to the NOI. The operator must be the same for this general permit as for the associated mining activity authorization.
In the NOI, the operator must identify the BMPs to be used on site. Use of these BMPs must be described in conjunction with an Erosion and Sedimentation (E&S) Plan, which meets the requirements of 25 Pa. Code Chapter 102, required to be filed with the permit documentation and/or attached to the NOI for this general permit. The E&S Plan submitted with the associated mining application may be used to satisfy part of the information requirements for the NOI.
The completed NOI form must be submitted to the appropriate District Mining Office with the proper signatures.
The process for registration for coverage under the general permit also applies to mining activities already underway that require but have not yet obtained NPDES coverage for stormwater.
The Department will notify mine operators who need coverage under this general permit or an individual NPDES permit by letter, through an inspection, or at permit renewal.
A fee of $250, payable to the ''Commonwealth of Pennsylvania'' will be required for this general permit upon submission of the NOI. If approved, the operator will receive notice in writing of coverage under this general permit.
The general permit will be renewed every 5 years by the Department. Coverage under the general permit will also be renewable every 5 years until the reclamation plan is completed.
Conditions of the General Permit
This NPDES general permit will establish effluent limitations in the form of implemented BMPs to minimize the potential for erosion and sedimentation to protect and maintain water quality and existing and designated uses by restricting the rates and quantities of sediment, stormwater runoff, and associated pollutants. The operator will implement and maintain these BMPs for the extent of the mining activity as described in this E&S plan.
In the case of point source discharges, effluent limits will be:
30-day Daily Instantaneous Parameter Average Maximum Maximum Total Suspended Solids 35 mg/l 70 mg/l 90 mg/l Total Settleable Solids 0.5 ml/l Instantaneous Maximum
Only in the event of a 10-yr, 24-hr precipitation event; in lieu of
Total Suspended Solids.
pH Greater than 6.0; less than 9.0 Discharge of sewage, mine drainage, groundwater or industrial waste is not permitted.
Periodic visual inspections are required. Grab samples are required in case of a discharge.
Exemptions for coverage
Any mining permit that has a corresponding individual NPDES permit for point source discharges of any type, does not need additional coverage under this general permit.
If the operator of a mining area less than 5 acres can demonstrate in the permit application that, in the absence of any BMPs, stormwater runoff will be completely contained within the pit or completely infiltrate without runoff from the site, no permit coverage is needed. In that case, the mining permit or exploration will be approved with ''no discharge'' authorized.
Denial of Coverage
Coverage under this general permit is not a replacement for an individual NPDES if there is substantive reason for an individual discharge permit to be issued. For example, the general permit would not apply to discharges to special protection waters, impaired water, or to discharges that may contain hazardous pollutants. In the cases where coverage under this permit is denied, the operator would be required to apply for an individual NPDES permit.
Other reasons for denial of coverage under this general permit are listed in 25 Pa. Code § 92.83(b) (relating to inclusion of individual dischargers in general NPDES permits).
Public Participation
A copy of the proposed permit and an additional fact sheet with more information including a guide for different mining permit types is available at the Department's Bureau of Mining and Reclamation web site at www.dep.state.pa.us/dep/deputate/minres/BMR/Mining NPDES/index.htm or by contacting Sharon Hill at the Bureau of Mining and Reclamation at (717) 787-6842 or shill@state.pa.us.
The draft version of BMR GP-104 includes revisions made to address comments from EPA Region 3. Persons wishing to comment on the proposed general permit may do so by submitting a written statement to: Department of Environmental Protection, Bureau of Mining and Reclamation, Permits Division, P. O. Box 8461, Harrisburg, PA 17105-8461. Questions can be addressed by calling (717) 787-6842 or shill@state.pa.us. The Department must receive comments on BMR GP-104 by March 9, 2009. Comments received within this 30-day period will be considered in the formulation of the final language of the general permit and should include: the name, address and telephone number of the writer, a concise statement to inform the Department of the exact basis of the comment and the relevant facts upon which it is based. Comments will not be accepted by facsimile. The Department will provide for a public hearing with respect to this draft permit if requested and if there is significant public interest as described in 25 Pa. Code § 92.61(d) and (e) (relating to public notice of permit application and public hearing).
Following the close of the public comment period, the Department will make a final determination regarding the proposed general permit. Notice of this determination and the final language of the general permit will be published in the Pennsylvania Bulletin.
JOHN HANGER,
Acting Secretary
[Pa.B. Doc. No. 09-205. Filed for public inspection February 6, 2009, 9:00 a.m.]
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