2113 Initial notice of request for certification under section 401 of the Federal Clean Water Act and coastal zone management consistency determination

Initial Notice of Request for Certification under Section 401 of the Federal Clean Water Act and Coastal Zone Management Consistency Determination

[31 Pa.B. 6512]

   This notice pertains to changes regarding United States Army Corps of Engineers (Corps) Nationwide Permits under section 404 of the Clean Water Act. At the present time, the changes proposed by the Corps do not alter the Commonwealth's existing wetland protection program. These proposed changes, when finalized, may impact citizens who are required to receive Federal authorization or permits for these activities.

   On August 9, 2001, the Corps published in the Federal Register (66 Fed. Reg. 42070) a notice that the Corps is proposing to reissue all NWPs, General Conditions and definitions with some modifications. The Corps is proposing to modify NWPs 14, 21, 27, 31, 37, 39, 40, 42 and 43. In addition, the Corps is proposing to modify General Conditions 4, 9, 13, 19, 21, 26 and add a new General Condition 27. In order to reduce the confusion regarding the expiration dates of three separate sets of NWPs, it is the Corps intent to consolidate all issued, reissued and modified NWPs, and General Conditions contained within this notice to become effective and expire on the same date.

   In this same notice, the Corps published its application for certification under section 401(a) of the Federal Clean Water Act (33 U.S.C.A. § 1341(a)) (act) and that the activities described in the Federal Register notice (and following in more detail) which may result in a discharge into waters of the United States will comply with the applicable provisions of sections 301--303, 306 and 307 of the act. That notice also served as a request for a State determination of coastal zone management consistency under section 307 of the Coastal Zone Management (CZM) Act (16 U.S.C.A. § 1456) for activities within or affecting the coastal zone of the Commonwealth.

   The reissuance process started with the August 9, 2001, publication of the proposed NWPs in the Federal Register and concurrent release of public notices by Corps District Offices for a 45-day comment period. Upon completion of the Corps review of the comments, they will complete a draft of the final NWPs and solicit comments from interested Federal agencies. The final version of the NWPs will be published in the Federal Register by November 13, 2001. The NWPs will then become effective by February 11, 2002. This schedule provides a 90-day period for the state 401/CZM agencies to complete their certification decisions. Also within this 90-day period, the Corps will finalize its regional conditions and certify that the NWPs, with any regional conditions or geographic revocations, will only authorize activities with minimal adverse effects on the aquatic environment, both individually and cumulatively. The NWPs will become effective at the end of the 90-day period.

   The full text of the Corps notice may be found at the following Internet Address: http://www.usace.army.mil/inet/functions/cw/hot_topics/wetlands.txt. For further information contact Rich White or Sam Collinson at [phone] or access the U.S. Army Corps of Engineers Regulatory Home Page at http//:www.usace.army.mil/inet/functions/cw/cecwo/reg.

   Furthermore, the issuance of NWPs is a Federal action, subject to review for consistency with the enforceable policies of the Commonwealth CZM Program. As required under 15 CFR Part 930 Subpart C (Consistency for Federal Agency Activities), the CZM Program is providing the public this opportunity to develop and provide comments on whether or not these NWPs are consistent with the CZM Program's enforceable policies. The CZM Program's policies can be found on the Department of Environmental Protection's (Department) website at http://www.dep.state.pa.us. Select Subjects; Select O--Office for River Basin Cooperation; Select Coastal Zone Management Program; Select Technical Guidance Document--Commonwealth of Pennsylvania Coastal Zone Management Program and Final Environmental Impact Statement.

   Persons wishing to comment on this application for 401 Water Quality Certification and CZM consistency are invited to submit comments by January 1, 2002. Prior to final action on this application, consideration will be given to any comments, suggestions or objections which are submitted in writing by January 1, 2002. Comments should be submitted to Kenneth Reisinger, Chief, Division of Waterways, Wetlands and Erosion Control, P. O. Box 8775, Harrisburg, PA 17105-8775. Requests should contain the name, address and telephone number of the person commenting, identification of the certification request to which the comments are addressed and a concise statement of comments, objections or suggestions. Persons with a disability may use the AT&T Relay Service by calling [phone] (TDD users) or [phone] (voice users). No comments submitted by facsimile transmission will be accepted. The Department may conduct a fact-finding hearing or an informal conference in response to any comments if deemed necessary.

   Comments may be submitted electronically to the Department at [e-mail]. A subject heading of the proposal must be included in each transmission. Comments submitted electronically must also be received by the Department by January 1, 2002.

DAVID E. HESS,   
Secretary

[Pa.B. Doc. No. 01-2113. Filed for public inspection November 21, 2001, 9:00 a.m.]