DEP Invites Comments On Draft NPDES General Permit For Discharges Of Stormwater Associated With Construction Activities (PAG-2)

The Department of Environmental Protection published notice in the March 9 PA Bulletin inviting comments on the draft NPDES General Permit for Discharges of Stormwater Associated with Construction Activities (PAG-02).

Among the changes proposed in the draft are--

-- Authorized Non-Stormwater Discharges—The Department is proposing to identify specific types of non-stormwater discharges that are authorized during earth disturbance activities to be consistent with other Department general permits for stormwater discharges.

-- EPA Technology-Based Standards—The Department is proposing to incorporate the United States Environmental Protection Agency's (EPA) technology-based standards at 40 CFR Part 450 (relating to construction and development point source category) into the effluent limitation requirements, along with two new requirements for construction dewatering water. Discharges would need to be treated by an approved series of at least two BMPs.

-- Site Inspections—The Department is proposing to require that site inspections be conducted only by qualified personnel. Three options would be available to demonstrate that a person is qualified. Existing permittees would be provided 1 year from the effective date of the 2024 General Permit to implement this provision.

-- Instrument Recording—The 2019 General Permit requires that proof of the recording of an instrument for post-construction stormwater management (PCSM) stormwater BMPs, which are now referred to as stormwater control measures (SCM), be submitted to the Department or CCD with the Notice of Termination (NOT) or a Transfer Application. 

-- Imported Fill and Soil and Groundwater Contamination—The Department is proposing to clarify requirements concerning the importation of fill to a project site and the discovery of soil and groundwater contamination during construction.

-- Erosion Potential (EP) Analysis—The Department is proposing that the 2024 PAG-02 NOI will require the completion of an EP Analysis, using Department Form No. 3800-FM-BCW0271h, for stormwater discharges during and following construction that will not directly enter a surface water to evaluate the stability of the flow path up to the 10-year/24-hour storm event.

-- Construction Confirmation Testing for Infiltration Capacity—For infiltration-based SCMs, the Department is proposing to require post-construction testing to determine whether as-built ponding time or drawdown time are within a tolerance range of the design ponding time or drawdown time. The results would be submitted to the Department or CCD [conservation districts] with the SCM Construction Certification Form.

Click Here for a copy of the draft PAG-02 and supporting documents.

Written comments are due to DEP by April 8.

Read the entire PA Bulletin notice for a summary of additional changes and instructions on how to submit comments.

For more information on environmental programs in Pennsylvania, visit DEP’s website, Report Emergencies, Submit Environmental Complaints; Click Here to sign up for DEP’s newsletter; sign up for DEP’s eNotice; visit DEP’s Blog,  Like DEP on Facebook, Follow DEP on Twitter and visit DEP’s YouTube Channel.

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[Posted: March 8, 2024]  PA Environment Digest