278 Proposed modification to Chapter 105 water obstruction and encroachment general permits and 401 water quality certification for consistency with revised Chapter 105 regulations?

Proposed Modification to Chapter 105 Water Obstruction and Encroachment General Permits and 401 Water Quality Certification for Consistency with Revised Chapter 105 Regulations

[43 Pa.B. 1049]
[Saturday, February 16, 2013]

 The Department of Environmental Protection (Department), under the authority of section 7 of the Dam Safety and Encroachments Act (32 P. S. § 693.7) and 25 Pa. Code Chapter 105, Subchapter L (relating to general permits), proposes to modify all Chapter 105 Water Obstruction and Encroachment General Permits (GP), including:

GP-1	Fish Habitat Enhancement Structures (3150-PM-BWEW0501)
GP-2	Small Docks and Boat Launching Ramps (3150-PM-BWEW0502)
GP-3	Bank Rehabilitation, Bank Protection and Gravel Bar Removal (3150-PM-BWEW0503)
GP-4	Intake and Outfall Structures (3105-PM-BWEW0504)
GP-5	Utility Line Stream Crossings (3150-PM-BWEW0505)
GP-6	Agricultural Crossings and Ramps (3150-PM-BWEW0506)
GP-7	Minor Road Crossings (3150-PM-BWEW0507)
GP-8	Temporary Road Crossings (3150-PM-BWEW0508)
GP-9	Agricultural Activities (3150-PM-BWEW0509)
GP-10	Abandoned Mine Reclamation (3150-PM-BWEW0510)
GP-11	Maintenance, Testing, Repair, Rehabilitation or Replacement of Water Obstructions and Encroachments (3150-PM-BWEW0511)
GP-15	Private Residential Construction in Wetlands (3150-PM-BWEW0515)

 The proposed modifications are minor and are meant to provide consistency with recently revised regulations and fees in Chapter 105 (relating to dam safety and water management). Currently the GPs contain language indicating that no fee is required. The minor proposed modifications are limited to the fee requirement section of each GP and replaces reference to ''no fee'' with a reference to the fee section in 25 Pa. Code Chapter 105. The existing and proposed language for each permit is included as follows.

GP-1, GP-2, and GP-3:

Existing:

Part One

 A. General Description and Fees—The Department of Environmental Protection hereby authorizes, by General Permit, subject to the terms and criteria set forth, the installation, operation and maintenance of . . . regulated waters of this Commonwealth. There is no registration fee required for a project authorized under this General Permit.

Proposed:

Part One

A. General Description and Fees—The Department of Environmental Protection hereby authorizes, by General Permit, subject to the terms and criteria set forth, the installation, operation and maintenance of . . . regulated waters of this Commonwealth. The fee required for a project authorized under this General Permit shall be consistent with 25 PA Code § 105.13 (relating to regulated activities—information and fees).

GP-4, GP-5, GP-6, GP-7, GP-8, GP-9, and GP-10:

Existing:

 Fees—There is no fee required for a project authorized under this General Permit.

Proposed:

 Fees—The fee required for a project authorized under this General Permit shall be consistent with 25 PA Code § 105.13 (relating to regulated activities—information and fees).

GP-11:

Existing:

 1. General Description and Fees—In accordance with the following registration requirements and the standard general permit conditions, the Department of Environmental Protection hereby authorizes by General Permit . . . within the terms and conditions of this General Permit . . . There is no registration fee required for a project authorized under this General Permit.

Proposed:

 1. General Description and Fees—In accordance with the following registration requirements and the standard general permit conditions, the Department of Environmental Protection hereby authorizes by General Permit . . . within the terms and conditions of this General Permit . . . The registration fee required for a project authorized under this General Permit shall be consistent with 25 PA Code § 105.13 (relating to regulated activities—information and fees).

GP-15:

Existing:

 A. General Description—The Department of Environmental Protection hereby authorizes, by general permit . . . The monetary contribution associated with this General Permit is for participation in the Pennsylvania Wetland Replacement Project.

Proposed:

 A. General Description—The Department of Environmental Protection hereby authorizes, by general permit . . . The registration fee required for a project authorized under this General Permit shall be consistent with 25 PA Code § 105.13 (relating to regulated activities-information and fees). The monetary contribution associated with this General Permit is for participation in the Pennsylvania Wetland Replacement Project.

401 Water Quality Certification

 The projects covered by the proposed modified GPs may also require a Federal license or permit. Section 401(a) of the Federal Clean Water Act (33 U.S.C.A. § 1341(a)) requires that any applicant for a Federal license or permit to conduct any activity which may result in any discharge into the waters of the United States provide the Federal licensing or result in any discharge into the waters of the United States provide the Federal licensing or permitting agency a certificate from the state in which the discharge will originate that the discharge will comply with applicable provisions of The Clean Water Act as well as applicable state law related to water quality protection.

 The Department, by this notice, proposes to certify that the activities authorized by these GPs comply with the applicable provisions of sections 301—303, 306 and 307 of the Federal Clean Water Act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317). The Department further proposes to certify that these activities comply with applicable State laws related to water quality protection and standards provided that the construction, operation and maintenance complies with the criteria and conditions of the permit.

 This certification is further subject to the following conditions:

 1. Prior to beginning any activity covered by the GP, the applicant must obtain all other necessary permits or approvals from the Department, including, but not limited to, those required under The Clean Streams Law (35 P. S. §§ 691.1—691.1001), the Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.27) and the regulations promulgated thereunder including 25 Pa. Code Chapters 91, 92a, 93, 95, 102 and 105.

 2. Fill material cannot contain wastes as defined in the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003).

 The Department requests written comments on the proposed modifications to these GPs by April 18, 2013. Comments received by facsimile will not be accepted. Interested persons may submit written comments, suggestions or objections to the Department of Environmental Protection, Bureau of Waterways Engineering and Wetlands, Division of Wetlands, Encroachments and Training, P. O. Box 8460, Harrisburg, PA 17105-8460, [e-mail]. Questions can be addressed by calling [phone] or e-mailing [e-mail].

 (Editor's Note: For a final-form rulemaking relating to this notice see 43 Pa.B. 967 (February 16, 2013).)

MICHAEL L. KRANCER, 
Secretary

[Pa.B. Doc. No. 13-278. Filed for public inspection February 15, 2013, 9:00 a.m.]