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Availability of General NPDES Permit for Stormwater Discharges Associated with Construction Activities (PAG-02)

[39 Pa.B. 6910]
[Saturday, December 5, 2009]

 The Department of Environmental Protection (Department) by this notice is reissuing the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction Activities (PAG-02, 2009 Amendment) for 2 years effective December 8, 2009. This General NPDES Permit is issued under the authority of the Clean Water Act (33 U.S.C.A. §§ 1251—1376) and The Clean Streams Law (35 P. S. §§ 691.1—691.1001). The PAG-02, 2002 Amendment was extended twice, most recently by a notice in the Pennsylvania Bulletin at 39 Pa.B. 2637 (May 23, 2009) and is scheduled to expire at midnight December 7, 2009. EPA has recommended that this PAG-02 renewal be of shorter duration in light of the anticipated issuance of the final ''Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category'' proposed November 28, 2008 (73 FR 72,561) applicable to this category of NPDES discharges, and in anticipation of finalization of revisions to Pennsylvania's Chapter 102 Erosion and Sediment Control and Stormwater Management regulations proposed in the Pennsylvania Bulletin 39 Pa.B. 5131 (August 29, 2009). The Department agrees and they are publishing this renewal for 2 years rather than five. PAG-02, 2009 Amendment will expire at midnight on December 7, 2011.

 The Department published the proposed revisions to the PAG-02 permit in the Pennsylvania Bulletin at 39 Pa.B. 4955 (August 15, 2009), for a 30-day public comment period. Eight commentators submitted 46 comments on the proposed revisions to the permit. In response to comments: the Department clarified the definitions for stabilization; corrected a typographical error to clarify requirements related to the use of the PAG-02 permit for discharges to impaired waters; revised the permit to state that any ineffective or inoperative BMPs must be reported to the Department or authorized conservation district within 24 hours; retained the term ''measurable rainfall event'' from the PAG-02 2002 Amendment, rather than the proposed ''stormwater runoff event''; noted that all Post Construction Stormwater Management (PCSM) BMPs must be designed by a Licensed Professional andmust be certified as to their proper installation; added a requirement in Part C to provide written notification to the Department or authorized conservation district upon the installation and stabilization of all perimeter sediment control BMPs; added the requirement that erosion and sediment (E & S) BMPs shall be designed and implemented by ''qualified personnel'' trained and experienced in E & S control; and clarified what items the permittee and/or co-permittee must bring to the pre-construction conference.

 Several comments were received related to the effluent limitations provisions contained in Part A of the permit. As allowed under the Federal Clean Water Act, the effluent limits proposed in PAG-02 are narrative performance based effluent limitations in the form of properly installed BMPs identified in the E & S and PCSM plans. If the proposed activity will not meet the permit conditions including the proposed effluent limitations established by the permit, PAG-02 may not be used to authorize the activity. In addition, as proposed, the Department is increasing the permit application fee from $250 to $500, payable to the ''Clean Water Fund''. This $500 fee will apply to all new and all renewal notice of intent applications.

 The PAG-02, 2009 final amended permit, comment and response document, and associated permit documents are available by contacting the Department of Environmental Protection, Bureau of Watershed Management, Rachel Carson State Office Building, P. O. Box 8775, 10th Floor, Harrisburg, PA 17105-8775, (717) 772-6827; or available on the Department's web site at www.depweb.state.pa.us (choose ''Water Topics,'' then chose ''Stormwater Management''). Persons with a disability may contact the Department by using the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDL users) or (800) 654-5988 (voice users).

JOHN HANGER, 
Secretary

[Pa.B. Doc. No. 09-2242. Filed for public inspection December 4, 2009, 9:00 a.m.]



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