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Availability of National Pollutant Discharge Elimination System General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (PAG-13)

[46 Pa.B. 2910]
[Saturday, June 4, 2016]

 Under The Clean Streams Law (35 P.S. §§ 691.1—691.1001) and sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. §§ 510-5, 510-17 and 510-20), the Department of Environmental Protection (Department), by this notice, informs the public of the availability of a reissued National Pollution Discharge Elimination System (NPDES) PAG-13 General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4).

 The PAG-13 General Permit is intended to provide NPDES permit coverage to regulated small MS4s for discharges of stormwater to surface waters. Permittees operating under this General Permit have been either automatically designated as regulated by the United States Environmental Protection Agency (EPA) under 40 CFR 122.32(a)(1) (relating to as an operator of a small MS4, am I regulated under the NPDES storm water program) or designated as regulated by the Department under 40 CFR 122.32(a)(2).

 The reissued PAG-13 General Permit will become effective at 12 a.m. on March 16, 2018. All MS4 permittees with existing NPDES permit coverage under the PAG-13 General Permit that became effective on March 16, 2013, are authorized to continue discharging under the reissued General Permit, subject to the terms and conditions of the reissued General Permit.

 MS4 permittees with existing NPDES permit coverage, MS4s that previously have been waived by the Department and MS4s newly designated as a result of the 2010 census that are seeking coverage under this PAG-13 General Permit or a waiver must submit an administratively complete and acceptable Notice of Intent (NOI) by September 16, 2017. MS4s currently authorized to discharge under an individual NPDES permit who are seeking coverage under the PAG-13 General Permit may continue to discharge in accordance with the individual permit while their NOI and associated documents are being reviewed by the Department.

 Notice of the availability of a draft PAG-13 General Permit was published at 45 Pa.B. 2674 (May 30, 2015). A 60-day comment period was provided, and interested parties were directed to submit comments to the Department's eComment system or the Department's MS4 resource e-mail account RA-EPPAMS4@pa.gov, or both. During the comment period the Department received multiple requests for an extension to the comment period. The Department published notice of an extension to the comment period at 45 Pa.B. 4840 (August 15, 2015). The comment period ended on August 31, 2015. The Department received comments and questions from 64 different individuals and organizations during the comment period. A comment and response document has been developed to address all comments submitted and a number of changes were made to the final PAG-13 General Permit documents as a result (described in the comment and response document). A public hearing was not held on the draft PAG-13 General Permit. The Department also made changes to the final PAG-13 General Permit in response to the receipt of comments on the draft General Permit from the EPA.

 Following is a summary of changes made to the final PAG-13 General Permit (3800-PM-BCW0100d) and associated documents in comparison to the draft PAG-13 General Permit documents published at 45 Pa.B. 2674:

 • The term ''waters of the Commonwealth'' was removed from the final General Permit. The PAG-13 General Permit only authorizes discharges of stormwater to surface waters.

 • The submission and maintenance of a Memorandum of Understanding (MOU) or other written agreement was a requirement of the NOI and General Permit, as originally drafted, to identify responsibilities of other parties who agree or are otherwise required to implement best management practices (BMP) of the General Permit on behalf of the permittee. The MOU or agreement requirement has been removed in the final General Permit.

 • The NOI and NOI Instructions have been modified with respect to stormwater ordinance requirements to allow the submission of ordinances developed under an Act 167 Plan approved by the Department in 2005 or later to satisfy NOI requirements.

 • The final General Permit has been modified to allow for the submission of a revised ordinance that is consistent with the Department's Model Stormwater Management Ordinance (3800-PM-BCW0100j) as an attachment to an Annual MS4 Status Report by September 30, 2022 (existing permittees) or the fourth Annual MS4 Status Report following approval of coverage (new permittees); permittees that lack the authority to enact ordinances are required to submit an SOP that is consistent with the General Permit on or before the same dates.

 • The final General Permit has been modified to require the retention of records for at least 5 years (changed from 3 years in the draft General Permit).

 • The operation and maintenance program for municipal operations that is required by the final General Permit has been updated to indicate that controls for solid chemical products stored and utilized for the principal purpose of deicing roadways for public safety must be consistent with the BMPs for existing salt storage and distribution sites contained in the PAG-03 NPDES General Permit for Stormwater Discharges Associated with Industrial Activity.

 • The NOI Instructions have been modified to allow the use of a permittee's existing outfall numbering system instead of the Department's preferred system.

 • The final General Permit clarifies that maps must show the entire storm sewer collection system, which include conveyances or BMPs on privately-owned property if stormwater from the MS4 flows onto or through the property.

 • The Department has removed General Permit language in Minimum Control Measures No. 4 and No. 5 where the requirements are those under the Statewide qualifying local program (QLP) for erosion and sediment control and post-construction stormwater management under 25 Pa. Code Chapter 102 (relating to erosion and sediment control). Reliance on the Statewide QLP is an eligibility requirement for the PAG-13 General Permit. The removal of this language was done to reduce confusion over MS4 permittee responsibilities.

 • The instructions for the development of an acceptable Pollutant Reduction Plan (PRP) for discharges to the Chesapeake Bay watershed or to local impaired waters (3800-PM-BCW0100k) have been updated to identify default land loading rates for counties outside the Chesapeake Bay watershed and undeveloped land within the storm sewershed; provide guidance on parsing land area from the storm sewershed; clarify that permittees that are not copermittees may collaborate on the development of PRPs; clarify that PRPs for the Chesapeake Bay are to focus on sediment reductions; and include an additional example calculation.

 • For Appendices A, B and C of the final General Permit (Pollutant Control Measures for impaired waters), clarification has been provided on the timelines for satisfaction of each activity. Additional time has been provided for the submission of maps and a source inventory.

 • For Appendix D of the final General Permit (PRP for Chesapeake Bay), the Department has included a minimum required reduction for Total Nitrogen in addition to sediment and Total Phosphorus (which is expected to be achieved Bay-wide when the sediment reductions are achieved) and clarified that public notices for soliciting feedback on PRPs must be published at least 45 days prior to the deadline for submission of the PRP to the Department.

 • For Appendix E of the final General Permit (PRP for impaired waters), the Department has clarified the pollutants of concern for PRP development and that public notices for soliciting feedback on PRPs must be published at least 45 days prior to the deadline for submission of the PRP to the Department.

 • The Waiver Application (3800-PM-BCW0100e) has been amended to include two additional questions; in addition, the Department is allowing certain MS4 applicants that would not otherwise qualify for a waiver to submit a request to the Department for an advanced approval, under certain conditions.

 • A document containing BMP effectiveness values has been published (3800-BCW-0100m) to assist permittees with the selection of pollutant removal efficiencies for various BMPs when developing PRP documents. The values contained in this document or in Chesapeake Bay Program expert reports must be used for development of PRPs developed under this General Permit.

 • A summary of scheduled requirements in the PAG-13 General Permit has been published (3800-BCW-0100l) to assist permittees with understanding obligations throughout the term of permit coverage.

 The NOI fee for coverage under PAG-13 is $500 per each year the permittee operates under the General Permit. The NOI fee will be paid in installments, with the initial fee of $500 submitted with the NOI for permit coverage and an installment of $500 to be submitted at the time each Annual MS4 Status Report is due. The Department anticipates that after coverage under the reissued PAG-13 is approved, coverage will continue each year with submission of the Annual MS4 Status Report, which will constitute the NOI, unless the Department specifically requires the submission of a new NOI in writing.

 The General Permit package can be accessed through the Department's eLibrary web site at www.elibrary.dep.state.pa.us by selecting ''Permit and Authorization Packages,'' then ''Clean Water,'' then ''PAG-13 MS4 General Permit.''

 In accordance with 25 Pa. Code § 92a.84(c)(2) (relating to public notice of general permits), the Department will publish notice in the Pennsylvania Bulletin upon receipt of each PAG-13 General Permit NOI for new coverage and renewal of coverage, including those that are accompanied by waiver applications. In addition, the Department will publish notice of each approval of coverage and waiver in the Pennsylvania Bulletin.

PATRICK McDONNELL, 
Acting Secretary

[Pa.B. Doc. No. 16-952. Filed for public inspection June 3, 2016, 9:00 a.m.]



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