NOTICES
DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Availability of National Pollutant Discharge Elimination System General Permit for Stormwater Associated with Mining Activities (BMP GP-104)
[51 Pa.B. 1745]
[Saturday, March 27, 2021]Under The Clean Streams Law (35 P.S. §§ 691.1—691.1001), the Clean Water Act (33 U.S.C.A. §§ 1251—1388) and 25 Pa. Code Chapters 92a 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 informs the public of the availability of the final National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Associated with Mining Activities (BMP GP-104) for a 5-year term. The BMP GP-104 will become effective on March 27, 2021, and will expire March 27, 2026. The General Permit package that contains the Permit, Fact Sheet, and Comment and Response document can be accessed through the Department's eLibrary web site at www.depgreenport.state.pa.us/elibrary/ (select ''Permit and Authorization Packages,'' then ''Mining Programs'').
Under 25 Pa. Code § 92a.32 (relating to stormwater discharges) (incorporating by reference 40 CFR 122.26(a), (b), (c)(1), (d), (e)(1), (3)—(9) and (f)-(g) (relating to storm water discharges (applicable to State NPDES programs, see § 123.25)), 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 Department has determined that the discharges can be appropriately controlled under this general permit.
Under 25 Pa. Code § 92a.54 (relating to general permits) 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 (BMP) for erosion and sedimentation (E&S) control; 2) they would potentially discharge the same type of pollutant (that is, suspended solids/sediment); 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 storm- water discharges.
Revisions from Draft to Final
Notice of the availability of a draft BMP GP-104 was published at 51 Pa.B. 241 (January 9, 2021). A 30-day comment period was provided and interested parties were directed to submit comments through the Department's eComment system. The Department received comments from two organizations during the comment period, and a comment and response document has been developed. In addition, United States Environmental Protection Agency (EPA) requested changes for clarification reflected in the permit document and associated Fact Sheet.
The following changes were made to the final BMP GP-104 from the draft version published on January 9, 2021:
Permit section 2.b was reorganized to explicitly list eligible and ineligible discharges under this permit.
Permit section 4.b. includes a statement that BMPs must be designed to overflow and create a point source discharge only in response to exceedance of the 10-year, 24-hour storm event standard.
Permit section A1.e. was reorganized into Table 1. Coal operations and Table 2. Noncoal operations and the applicable standard industrial classification (SIC) codes were added.
Permit section A2.d.(5) contains a statement clarifying that the permittee must report at least one sample result annually, even if the report is ''no discharge.''
The Fact Sheet was updated to reflect the revisions made to the permit. The section on Process vs Processing water was eliminated by request from the EPA.
Applicability
This general permit applies to earth disturbance activity 1 acre or greater associated with coal or noncoal mining or reclamation activity where the only expected discharge to surface waters of this Commonwealth will consist entirely of stormwater and in which the main potential pollutant is sediment.
This general permit applies to mining activities as defined in 25 Pa. Code §§ 87.1 and 88.1 (relating to definitions) as ''surface mining activities'' and in 25 Pa. Code § 77.1 (relating to definitions) as ''noncoal surface mining activities,'' including mining general permits—and government-financed construction contracts/projects, where the only potential pollutant is sediment from stormwater runoff. This general permit can also cover access roads that may not be part of the mining permit (if they are common use) but are integral to it.
This General Permit does not apply to the following situations:
Sites that have coverage under an individual NPDES permit or other NPDES General Permit. Those activities where one or more of the conditions listed in 25 Pa. Code § 92a.54(e)(1)—(9) exist, which is more appropriately controlled under an individual permit.
Mining activity that will or has the potential to discharge to 'HQ' or 'EV' designated waters, including EV wetlands, which must be controlled under an individual permit.
Discharges from underground mines, acid mine drainage, pumped groundwater, sewage, or water used to wash or otherwise refine the product or any discharge where stormwater is comingled with nonstormwater sources.
Discharges to waters impaired for sediment-related causes or waters covered by an approved TMDL which states sediment as a pollutant of concern. The applicant will be provided an opportunity to utilize nondischarge BMPs or an individual NPDES permit will be required.
Discharges of toxic substances at levels that exceed state water quality criteria for toxic substances.
Any other discharges for which the District Mining Offices deems are more suitably controlled under an individual NPDES permit because of water quality concerns and specific effluent limits that must be applied.
Obtaining Coverage
To qualify for coverage under this general permit, a licensed mine operator must submit a complete Notice of Intent (NOI) form (5600-PM-BMP0008 rev 2021) and required attachments to the District Mining Office indicating the applicable mining permit or project associated with the coverage. A fee of $250 payable to the ''Common-wealth of Pennsylvania'' will be required upon submission of the NOI. The applicant may not commence earth disturbance activities on the mining permit or project until they have received written approval of coverage under this general permit.
In accordance with 25 Pa. Code § 92a.84(c)(3) (relating to public notice of general permits), issuances of coverage under this BMP GP-104 are published in the Pennsylvania Bulletin.
Summary of Terms and Conditions
This permit establishes performance-based narrative effluent limitations in the form of implemented BMPs identified in the E&S Plan and Reclamation Plan of the mining activity authorization and the NOI for this General Permit. These BMPs manage the rate, volume and quality of stormwater runoff and associated pollutants discharged into surface waters of this Commonwealth. The operator may not discharge floating materials, scum, sheen or substances that result in deposits in the receiving water. The operator may not discharge foam, oil, grease or substances that produce an observable change in the color, taste, odor or turbidity of the receiving water. (25 Pa. Code § 92a.41(c) (relating to conditions applicable to all permits)) The operator may not discharge substances in concentration or amounts sufficient to be inimical or harmful to the water uses to be protected or to human, animal, plant or aquatic life. (25 Pa. Code § 93.6(a) (relating to general water quality criteria)) Point source discharges are subject to the following effluent limits.
Parameter Standard pH Greater than 6.0; less than 9.0 at all times Total Suspended Solids 90 mg/l Instantaneous Maximum* Total Settleable Solids 0.5 ml/l Instantaneous Maximum* Sampled within 24 hours of a precipitation event, instead of total suspended solids. * Any discharges resulting from a precipitation event exceeding a 10-year, 24-hour precipitation event are not subject to total suspended or settleable solids requirements. The operator must ensure that visual site inspections are conducted and documented by qualified personnel, trained and experienced in erosion and sediment control, to ascertain that the E&S control BMPs are operational and effective in preventing pollution to the waters of this Commonwealth. Inspection requirements are weekly when operating, monthly if not operating, and within 24 hours after each 10-year, 24-hour precipitation event.
Transition for Those with Existing Coverage
All permittees with existing coverage under the previous BMP GP-104 will be covered under the reissued General Permit but will be subject to the terms and conditions of the reissued General Permit as published. The Department will transmit notification to all existing BMP GP-104 permittees explaining the changes to the terms and conditions of General Permit coverage and what steps must be taken to certify continued coverage until the new permit expiration date in 2026. Permittees who have questions should contact their District Mining Office permitting section.
PATRICK McDONNELL,
Secretary
[Pa.B. Doc. No. 21-476. Filed for public inspection March 26, 2021, 9:00 a.m.]
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