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PA Bulletin, Doc. No. 15-1840

NOTICES

Public Notice of Draft NPDES General Permit for Stormwater Discharges Associated with Industrial Activity (PAG-03)

[45 Pa.B. 6245]
[Saturday, October 17, 2015]

 The Department of Environmental Protection (Department) is announcing the availability of a draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Industrial Activity (PAG-03). The draft General Permit and related documents are available on the Department's eLibrary at www.elibrary.dep.state.pa.us (select ''Permit and Authorization Packages,'' then ''Point and Non-Point Source Management,'' then ''National Pollutant Discharge Elimination System—NPDES,'' then ''General Permits,'' then ''PAG-03 (Draft)).''

 The PAG-03 General Permit is intended to provide NPDES permit coverage to persons discharging stormwater associated with industrial activity to waters of the Commonwealth that are not considered High Quality or Exceptional Value. The existing PAG-03 General Permit in effect at this time will expire on December 5, 2015. The Department is planning to publish notice of an extension to the PAG-03 General Permit in the Pennsylvania Bulletin on or before that date.

 The draft PAG-03 General Permit includes the following proposed significant changes in comparison to the existing PAG-03 General Permit:

 • In general, the Department has attempted to make the PAG-03 General Permit more consistent with the United States Environmental Protection Agency's (EPA) National multisector general permit for stormwater associated with industrial activity, which was reissued in 2015.

 • The Department is proposing the addition of nine appendices to PAG-03. The current version of PAG-03 consolidates numerous sectors into Appendix A and Appendix J, while the draft PAG-03 creates new appendices for many of those sectors. An appendix prescribes the sector-specific monitoring and best management practice requirements for permittees.

 • The Department is proposing to reorganize appendices and eliminate one appendix, for coal storage pile runoff, because the Department's regulation in 25 Pa. Code § 92a.54(e)(5) (relating to general permits) does not allow the Department to issue general permit coverage to facilities with categorical effluent limitations published by the EPA. In addition, Appendix A, specific to facilities subject to SARA Title III, Section 313 requirements, has been eliminated and the industrial sectors assigned to other appendices because the Department has determined there is no greater risk for stormwater pollution for SARA Title III, Section 313 facilities.

 • The Department is proposing new eligibility criteria in the draft PAG-03. For instance, the Department may deny coverage under the draft PAG-03 General Permit for stormwater discharges to impaired waters where the discharges contain or are expected to contain parameters that have the potential to cause or contribute to the impairment, regardless of whether a Total Maximum Daily Load has been developed and approved for those impaired waters.

 • Benchmark concentrations for certain pollutants are proposed in the draft PAG-03. The benchmarks are not effluent limitations. However, two consecutive benchmark exceedances would trigger the need to develop and submit a corrective action plan to the Department and implement corrective measures to ensure no additional benchmark exceedances.

 • All permittees would need to conduct quarterly visual inspections of areas and activities exposed or potentially exposed to precipitation, and submit a summary of inspection findings in an annual report due by May 1 each year.

 • Monitoring frequency has been standardized for all permittees to once every 6 months.

 • All permittees would be required to submit an annual report due on May 1 that would serve as the ongoing notice of intent to continue operating under PAG-03.

 • Persons seeking new or reissued No Exposure Certification approvals from the Department would need to complete and submit the PAG-03 Notice of Intent (NOI).

 The proposed NOI fee for coverage under this General Permit is $500 per year the permittee operates under the General Permit. The NOI fee will be paid in installments due at the time the annual report is due, with the initial fee of $500 submitted with the NOI for permit coverage and an installment of $500 to be submitted with the annual report, if the permittee does not wish to terminate permit coverage. The Department anticipates that after coverage under the General Permit is authorized, coverage will continue without the need to submit an NOI for renewal of coverage as long as the PAG-03 General Permit is renewed, unless the Department specifically requires the submission of an NOI in writing. The proposed fee for new or reissued No Exposure Certification approvals is $500 (no installments).

Written Comments

 The Department is seeking comments on the draft PAG-03 General Permit (3850-PM-BPNPSM0083) and accompanying documents for 30 days. Interested persons may submit written comments by Monday, November 16, 2015. Comments submitted by facsimile will not be accepted. Commentators are encouraged to submit comments using the Department's online eComment system at www.ahs.dep.pa.gov/eComment or by e-mail to ecomment@pa.gov. Written comments can also be submitted to the Department of Environmental Protection, Bureau of Point and Non-Point Source Management, Rachel Carson State Office Building, P. O. Box 8774, Harrisburg, PA 17105-8774.

 Written comments submitted during the 30-day comment period will be retained by the Department and considered in finalizing the General Permit. The Department will provide an opportunity for any interested person or group of persons, any affected state, any affected interstate agency, the EPA or any interested agency to request or petition for a public hearing with respect to the proposed General Permit. The request or petition for public hearing, which must be filed within the 30-day period allowed for filing of written comments, must indicate the interest of the party filing the request and the reasons why a hearing is warranted. A hearing will be held if there is significant public interest.

Contact

 Questions regarding the draft PAG-03 General Permit for Stormwater Discharges Associated with Industrial Activity should be directed to Andrew Gaul, PE, (717) 787-0129, agaul@pa.gov.

JOHN QUIGLEY, 
Secretary

[Pa.B. Doc. No. 15-1840. Filed for public inspection October 16, 2015, 9:00 a.m.]


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