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PA Bulletin, Doc. No. 10-1970

NOTICES

Final NPDES General Permit for Stormwater Associated with Mining Activities (BMR GP-104)

[40 Pa.B. 6040]
[Saturday, October 16, 2010]

 In accordance with The Clean Streams Law (35 P. S. §§ 691.1—691.1001), the Clean Water Act (33 U.S.C.A. §§ 1251—1387) and 25 Pa. Code Chapters 92a and 102 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance; and erosion and sediment control and stormwater management), the Department of Environmental Protection (Department) by this notice announces the availability of an NPDES General Permit for Stormwater Associated with Mining Activities (BMR GP-104).

Applicability

 This general permit applies to earth disturbance activity of 1 acre or greater associated with mining. This general permit is issued in conjunction with a separate mining permit or exploration where the only potential discharge to surface waters of this Commonwealth will be composed entirely of stormwater, in which the main potential pollutant is sediment. Mining activity types eligible for coverage under this permit include surface and underground coal mining permits, large noncoal mining permits, small noncoal mining permits, general permits (for mining) and coal/noncoal exploration.

 The general permit will not apply to those sites that have an individual NPDES permit or other NPDES general permit or to those activities where one or more of the conditions listed in 25 Pa. Code § 92a.54(e)(1)—(9) (relating to general permits) exist. An individual NPDES permit is necessary if the associated mining activity will or has the potential to discharge to HQ or EV designated waters, including EV wetlands, or to streams designated as ''impaired waters'' for sediment.

 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.

 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 (relating to definitions) as ''Noncoal surface mining activities'') where the only potential source of pollution is suspended solids 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). An effort has been made to minimize the overlap of information between the mining permit activity applications and coverage under this general permit. Therefore, the information submitted by the operator in support of coverage under this General Permit is directly correlated to the information supplied in the associated mining permit or exploration.

 This general permit will include provisions for coverage for a permitted area of one acre or greater, and is for stormwater-related discharges only, not process water or pumped groundwater.

 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.

Public Participation

 Public notice of this proposed permit was published at 39 Pa.B. 734 (February 7, 2009).

 There was a 30-day comment period during which interested persons had an opportunity to submit written comments. Written comments received during the 30-day comment period as well as comments from the United States Environmental Protection Agency (EPA), Region III, were considered in the formulation of the final permit. There were seven commentators in addition to the EPA. The Department reviewed and prepared a Comment and Response document which has been published on the Department web site in the final package for this General Permit.

 Documents pertaining to this General Permit are located at http://www.elibrary.dep.state.pa.us/dsweb/View/Collection-9709.

JOHN HANGER, 
Secretary

[Pa.B. Doc. No. 10-1970. Filed for public inspection October 15, 2010, 9:00 a.m.]


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