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PA Bulletin, Doc. No. 11-1325


Renewal of Department of Transportation's Statewide NPDES MS4 Individual Permit

[41 Pa.B. 4258]
[Saturday, August 6, 2011]

 The Department of Environmental Protection (Department) issued a National Pollutant Discharge Elimination System (NPDES) Individual Permit, PAI-1315-00-05-0002, on July 15, 2011, to the Department of Transportation (PennDOT), P. O. Box 2857, Harrisburg, PA 17105. The permit authorizes the discharge of stormwater from PennDOT's regulated small Municipal Separate Storm Sewer System (MS4) in all designated urbanized areas within this Commonwealth. No new discharges are authorized by this permit.

 This notice is provided in accordance with 25 Pa. Code Chapter 92a (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance) implementing The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and 40 CFR Part 122 (relating to EPA administered permit programs: the National Pollutant Discharge Elimination System) implementing the Federal Clean Water Act.

 NPDES permit PAI-1315-00-05-0002 is the renewal of NPDES PAI-1315-00-05-0001. Notice of the application for renewal of PennDOT's former Statewide NPDES MS4 Individual Permit (PAI-1315-00-05-0001) was published at 41 Pa.B. 1342 (March 12, 2011), a correction to the notice was published at 41 Pa.B. 2450 (May 14, 2011). No comments on the renewal application were received and no public hearing was requested.

 Special conditions in the renewal permit include a Stormwater Management Program to satisfy six Minimum Control Measures that meet the narrative effluent limitations required by 40 CFR 122.34 (relating to as an operator of a regulated small MS4, what will my NPDES MS4 storm water permit require) and to comply with applicable Total Maximum Daily Loads (TMDLs). The permit requires PennDOT to implement applicable approved TMDLs for new discharges through NPDES permits issued to PennDOT for stormwater discharges associated with construction activities, and for existing discharges through a TMDL Implementation Plan.

 The term of the renewal permit, PAI-1315-00-05-0002, is from July 15, 2011, and continuing for 5 years, until 12 a.m. on July 14, 2016. The applicant's prior MS4 individual permit, PAI-1315-00-05-0001, was extended through July 14, 2011.

 Individuals interested in obtaining a copy of the permit may contact Barry A. Newman, Chief of the Stormwater Planning and Management Section, Department of Environmental Protection, Bureau of Watershed Management, Rachel Carson State Office Building, P. O. Box 8775, 10th Floor, Harrisburg, PA 17105-8775.

 Persons aggrieved by an action may appeal under 3 Pa.C.S. § 517 (relating to appealable actions), section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 (relating to the Administrative Agency Law) to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users should contact the Environmental Hearing Board (Board) through the Pennsylvania AT&T Relay Service at (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary of the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decision law. For individuals who wish to challenge actions, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board. Important legal rights are at stake however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for pro bono representation. Call the Secretary of the Board at (717) 787-3483 for more information.


[Pa.B. Doc. No. 11-1325. Filed for public inspection August 5, 2011, 9:00 a.m.]

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