NOTICES
Reissuance of NPDES General Permit for Stormwater Associated with Mining Activities (BMP GP-104)
[46 Pa.B. 1859]
[Saturday, April 9, 2016]In accordance with 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 announces reissuance of the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Associated with Mining Activities (BMP GP-104) (formerly issued as ''BMR GP-104''). The permit expires on February 12, 2021.
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 discharges are appropriately controlled under a 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 site conditions, particularly pertaining to the use of common Best Management Practices (BMP) 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 consisting of both performance-based narrative effluent limitations and numeric effluent standards, as appropriate; 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 (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''), where in the absence of BMPs, an area of disturbance 1 acre or greater will result in a discharge of stormwater to surface waters of the 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.
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 includes provisions for stormwater-related discharges only, not process water or pumped groundwater. This general permit is not applicable for an operation that will, or has the potential to, discharge to special protection (Exceptional Valve (EV) or High Quality) 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 general permit, 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 Plan (Plan) that meets the requirements of 25 Pa. Code Chapter 102, required to be filed with the permit documentation or attached to the NOI for this general permit, or both. The 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.
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. Coverage under the general permit will be renewable every 5 years until the reclamation plan is completed.
Conditions of the General Permit
This NPDES general permit establishes performance-based narrative effluent limitations in the form of implemented BMPs that minimize the potential for erosion and sedimentation to protect and maintain water quality and existing and designated uses by restricting the rates, volume, and quality of stormwater runoff and associated pollutants. The operator will implement and maintain these BMPs for the extent of the mining activity as described in this Plan.
Facilities that discharge must meet the following numeric effluent standards:
Parameter 30-day Average Daily Maximum Instantaneous 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-year, 24-hour precipitation event;
instead 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
Reasons for denial of coverage under this general permit are listed in 25 Pa. Code § 92a.54(e).
Coverage under this general permit shall not substitute for an individual NPDES permit if an individual discharge permit is required. 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.
Access to documentation
The permit document, United States Environmen- tal Protection Agency fact sheet, application form and instructions have been posted on the Department's web site at http://www.elibrary.dep.state.pa.us/dsweb/View/Collection-10742.
JOHN QUIGLEY,
Secretary
[Pa.B. Doc. No. 16-601. Filed for public inspection April 8, 2016, 9:00 a.m.]
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