1612 Renewal of Pennsylvania National Pollutant Discharge Elimination System general permit for stormwater discharges from municipal separate storm sewer systems (PAG-13)

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

[41 Pa.B. 5042]
[Saturday, September 17, 2011]

 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) is, by this notice, announcing the renewal of Pollutant Discharge Elimination System General Permit (PAG-13) (issued in 2003), the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s), for another 5 years. The current PAG-13 permit was extended by a separate notice in this issue of the Pennsylvania Bulletin and is scheduled to expire at midnight on June 11, 2013. See 41 Pa.B. 5041 (September 17, 2011). The term of the renewal PAG-13 is from March 16, 2013, and continues for 5 years to midnight on March 15, 2018.

 A summary of the revisions to PAG-13 are as follows: the title of the protocol has been changed to the stormwater management program; field inspection of outfalls has been modified; inspection of outfalls for renewal permittees has been changed to once within the permit term for areas where there are no reports of problems and no outfalls with dry weather flows; a requirement for preparation of an MS4 Total Maximum Daily Load (TMDL) Plan by permittees with regulated small MS4s that discharge to impaired waters with an applicable Waste Load Allocation in an approved TMDL; and preparation of a Chesapeake Bay Pollutant Reduction Plan for permittees with regulated small MS4s that are located in and discharge to receiving watersheds that drain to the Chesapeake Bay. The Department is also increasing the filing fee for PAG-13 from $100 to $500, payable to the Commonwealth of Pennsylvania Clean Water Fund.

 To renew PAG-13, Federal regulations require that complete and acceptable Notices of Intent (NOI) be submitted to the Department not later than September 14, 2012, a minimum of 180 days prior to the expiration date of the current PAG-13, March 15, 2013.

 The permit materials include the following documents: (1) a cover sheet and table of contents; (2) a short fact sheet; (3) the NOI instructions; (4) the NOI; (5) the NOI checklist; (6) the Department's Approval of Coverage; (7) the Authorization to Discharge (the PAG-13 permit); (8) the preapproved Stormwater Management Program; (9) the Request for Waiver Instructions; (10) the Request for Waiver; (11) the Stormwater Management Ordinance Checklists; (12) stormwater management ordinances; and (13) a detailed fact sheet.

 PAG-13 can be used by all eligible operators of regulated small MS4s to comply with the Federal Phase II stormwater regulations (see 64 FR 68722 (December 8, 1999) and 40 CFR 122-26—123.35), which are incorporated by reference into 25 Pa. Code § 92a.3 (relating to incorporation of Federal regulations by reference). Additional information about these Federal permit requirements is available on the United States Environmental Protection Agency web site: http://cfpub1.epa.gov/npdes/home.cfm?program_id=6.

 Eligibility requirements for using PAG-13 are described in the permit documents. An important limitation on eligibility is that PAG-13 is not available for discharges into water bodies classified as Exceptional Value or High Quality under 25 Pa. Code Chapter 93 (relating to water quality standards). An ''individual permit'' will be required for discharges to those categories of water bodies.

 The renewal PAG-13 permit is available by contacting the Department's Bureau of Watershed Management, Rachel Carson State Office Building, P. O. Box 8775, 10th Floor, Harrisburg, PA 17105-8775, [phone], [e-mail]. The renewal PAG-13 permit also is available on the Department's web site at www. depweb.state.pa.us (In the left-hand column, click on ''Water,'' then click on ''Watershed Management.'' Next, in the right-hand column click on ''Stormwater Management,'' then scroll down and click on ''NPDES MS4 Permit (PAG-13).''

 Persons with a disability may contact the Department by using the Pennsylvania AT&T Relay Service at [phone] (TDD users) or [phone] (voice users).

MICHAEL L. KRANCER, 
Secretary

[Pa.B. Doc. No. 11-1612. Filed for public inspection September 16, 2011, 9:00 a.m.]