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PA Bulletin, Doc. No. 16-1215


Conditional State Water Quality Certification for the Army Corps of Engineers Pennsylvania State Programmatic General Permit (PASPGP-5)

[46 Pa.B. 3879]
[Saturday, July 16, 2016]

 The Department of Environmental Protection (Department) issues, on behalf of the Commonwealth, State Water Quality Certification for activities authorized by the Baltimore, Philadelphia and Pittsburgh Districts of the Army Corps of Engineers (Corps) under the Pennsylvania State Programmatic General Permit-5 (PASPGP-5), which was issued by the Corps under section 404(e) of the Clean Water Act (act) (33 U.S.C.A. § 1344(e)) and section 10 of the River and Harbor Act of 1899 (33 U.S.C.A. § 403), subject to the following conditions. Prior to beginning any activity covered by PASPGP-5, the applicant must obtain all necessary permits or approvals from the Department, including, but not limited to, those required by The Clean Streams Law (35 P.S. §§ 691.1—691.1001), the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27), the Solid Waste Management Act (35 P.S. §§ 6018.101—6018.1003), the Hazardous Sites Cleanup Act (35 P.S. §§ 6020.101—6020.1305), the Land Recycling and Environmental Remediation Standards Act (35 P.S. §§ 6026.101—6026.908) and the regulations promulgated thereunder including 25 Pa. Code Chapters 91, 92a, 93, 95, 102, 105 and 260a—299. Additionally, all environmental assessments required under these regulations, in addition to other regulatory requirements, must be complied with as a condition of this State Water Quality Certification for PASPGP-5.

 Section 401(a) of the act (33 U.S.C.A. § 1341(a)) requires an applicant seeking authorization to use PASPGP-5 to provide the Corps with certification from the Commonwealth that any discharge that may result from the applicant's proposed activity will comply with the applicable provisions of sections 301—303, 306 and 307 of the act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317). The Commonwealth has established water quality standards for its surface waters in 25 Pa. Code Chapter 93 (relating to water quality standards), and permitting programs setting effluent limitations and performance standards to achieve those State water quality standards, which the United States Environmental Protection Agency has approved as consistent with the applicable provisions of the act. The Department certifies that the construction, operation and maintenance of projects in accordance with PASPGP-5 and the conditions of this State Water Quality Certification will comply with the Commonwealth's water quality standards and the applicable provisions of the act.

 With the issuance of this State Water Quality Certification, activities authorized for coverage under PASPGP-5 can begin for use during the 5-year term of PASPGP-5. A copy of PASPGP-5 is available at Applicants for authorization from the Corps for activities under section 404 of the act or section 10 of the River and Harbor Act of 1899 that are not covered under PASPGP-5 must obtain separate State Water Quality Certifications from the Department to comply with section 401 of the act. Activities that require any Federal authorization other than or in addition to an authorization from the Corps under section 404 of the act or section 10 of the River and Harbor Act of 1899 (such as, but not limited to, an interstate natural gas pipeline, a gas storage field, or a nuclear or hydroelectric project that requires a license, certification or permit from another Federal agency) shall submit a request to the Department for State Water Quality Certification for the entire project requiring Federal authorizations as required by section 401 of the act.

 In response to the 30-day public comment period on the proposed State Water Quality Certification for PASPGP-5 that concluded on June 27, 2016, see 46 Pa.B. 2737 (May 28, 2016), the Department received comments from one commentator. For the reasons explained in the Department's responses to the comments received, which are available at aspx the Depart-ment determined that the conditions included in this State Water Quality Certification for PASPGP-5 did not require revision.

 Any person aggrieved by this action may appeal, under section 4 of the Environmental Hearing Board Act (35 P.S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 (relating to Administrative Agency Law) to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania AT&T Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of receipt of written notice of this action unless the appropriate statute provides a different time period. 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 to the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.

 For individuals who wish to challenge this action, appeals must reach the Board within 30 days. Individuals do not need a lawyer to file an appeal with the Board.

 Important legal rights are at stake, however, so individuals should show this document to a lawyer at once. Individuals who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.

Acting Secretary

[Pa.B. Doc. No. 16-1215. Filed for public inspection July 15, 2016, 9:00 a.m.]

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