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PA Bulletin, Doc. No. 11-887

NOTICES

Proposed Water Quality Certification Under Section 401 of the Federal Clean Water Act and Federal Consistency Review under the Coastal Zone Management Act of 1972 for the Army Corps of Engineers Pennsylvania State Programmatic General Permit (PASPGP-4)

[41 Pa.B. 2762]
[Saturday, May 28, 2011]

 On November 1, 2010, the Baltimore, Philadelphia and Pittsburgh Districts of the Army Corps of Engineers, under the authority of section 404(e) of the Federal Clean Water Act (33 U.S.C.A. § 1344(e)), proposed by its Special Public Notice 10-65, to issue Pennsylvania State Programmatic General Permit-4 (PASPGP-4) for a 5-year period. Section 401(a) of the Federal Clean Water Act (33 U.S.C.A. § 1341(a)) requires the Commonwealth to certify that any activity requiring a Federal license or permit, which may result in a discharge into the waters of the United States, will comply with the applicable provisions of the Federal Clean Water Act as well as Commonwealth water quality standards. In addition, section 307 of the Coastal Zone Management Act of 1972 (33 U.S.C.A § 1456) requires that any Federal action which affects the coastal use or resource of a coastal state will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of that state's approved Coastal Management Program. On April 15, 2011, the Army Corps of Engineers furnished to the Department of Environmental Protection (Department) a final copy of the PASPGP-4 to be issued for a 5-year period with an effective date of July 1, 2011.

 This action by the Army Corps of Engineers continues the present Federal permitting process undertaken jointly with the State permitting process for activities affecting waterways, water bodies and wetlands authorized under the Dam Safety and Encroachment Act (32 P. S. §§ 693.1—693.27). PASPGP-4 places the Department and delegated county conservation districts in the lead for the majority of permit actions. Through the incorporation of Federal and State permitting standards in one process, the PASPGP-4 continues a streamlined process for permit applicants without compromising comprehensive environmental protection.

 The Department, by this notice, proposes to certify that the construction, operation and maintenance of an encroachment or water obstruction as proposed in PASPGP-4 complies with the applicable provisions of sections 301—303, 306 and 307 of the Federal Clean Water Act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317). The Department further proposes to certify that the construction, operation and maintenance of the projects complies with Commonwealth water quality standards and that the construction, operation and maintenance of the projects does not violate applicable Commonwealth water quality standards provided that the construction, operation and maintenance of the projects complies with the criteria and conditions of the permit.

 The Department further intends that this certification be subject to the following condition: Prior to commencing any activity covered by PASPGP-4, the applicant must obtain all necessary permits or approvals from the Department, including, but not limited to, those required by the The Clean Streams Law (35 P. S. §§ 691.1—691.1001), the Dam Safety and Encroachments Act, the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003), the Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101—6020.1305), the Land Recycling and Remediation Standards Act (35 P. S. §§ 6026.101—6026.908) and the regulations promulgated thereunder including 25 Pa. Code Chapters 75, 91—93, 95, 102, 105 and 260—299. Additionally, all environmental assessments required under these regulations, in addition to other regulatory requirements, must be complied with as a condition of the Section 401 Water Quality Certification for the PASPGP-4.

 Furthermore, PASPGP-4 is a Federal action subject to review for consistency with the enforceable policies of the Commonwealth Coastal Resources Management (CRM) Program. As required under section 306(d)(14) of the Coastal Zone Management Act of 1972 (33 U.S.C.A. § 1455(d)(14)), the CRM Program is providing the public this opportunity to provide comments on whether the PASPGP-4 is consistent with the CRM Program's policies. The CRM Program's policies can be found on the Department's web site at www.depweb.state.pa.us by selecting Water; The Water Planning Office; Coastal Resources Management Program; Program Reference Documents; Program Guidance Document.

 Prior to final action on the proposed section 401 Water Quality Certification and Coastal Zone Management (CZM) Consistency for the PASPGP-4, consideration will be given to any comments, suggestions or objections which are submitted in writing by June 27, 2011. Comments concerning the proposed 401 Water Quality Certification and CZM consistency for PASPGP-4 should be directed to Kenneth Murin, Chief, Division of Waterways, Wetlands and Stormwater Management, Bureau of Watershed Management, P. O. Box 8775, Harrisburg, PA 17105-8775, (717) 787-6827 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD). Comments must be submitted in writing and contain the name, address and telephone number of the person commenting and a concise statement of comments, objections or suggestions on this proposal. No comments submitted by facsimile will be accepted. The Department will consider all relevant and timely comments received. Comments must be submitted by June 27, 2011.

 The proposed PASPGP-4 and Army Corps of Engineers public notices can be viewed on the Army Corps of Engineers web page at http://www.nab.usace.army.mil/Wetlands%20Permits/. Copies of the PASPGP-4 and the Army Corps of Engineers public notices may be obtained by contacting Mary Lou Martin, U.S. Army Corps of Engineers, Baltimore District, State College Field Office, 1631 South Atherton Street, State College, PA 16801 or (814) 235-0570.

MICHAEL L. KRANCER, 
Secretary

[Pa.B. Doc. No. 11-887. Filed for public inspection May 27, 2011, 9:00 a.m.]


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