Chapter 102 Construction Stormwater Program Updates 2017 VUSP Pennsylvania Stormwater Management Symposium
Agenda Central Office Changes Permits (proposed changes) PA Best Management Practices Manual Act 162 Miscellaneous
Program Updates Central Office Chapter 102 Program was once part of Bureau of Waterways, Engineering, and Wetlands (BWEW) Division of Wetlands, Encroachment and Training Chapter 102 Program is now with Bureau of Clean Water (BCW) (Central Office only*) Division of NPDES Permitting * This change did not occur at the Regional level 102 Program still resides with the Waterways and Wetlands Program
Program Updates Central Office Seven stakeholder meetings were held across Pennsylvania earlier this year to understand the perceptions of the regulated community and county conservation districts on the administration of permitting under Chapter 102 (erosion and sediment control). What are we doing well? What are we not doing so well? How do we improve the process?
Program Updates Central Office Staff Environmental Program Manager Sean Furjanic, P.E. (currently) Predecessor: Kenneth Murin* Chapter 105 still resides with Mr. Murin Environmental Group Manager Aneca Atkinson (currently) Predecessor: Jennifer Orr
Program Updates Organization Chart
Program Updates Staff are moving Chapter 102 information under Bureau of Clean Water in elibrary as revisions are made. Check your short cuts and links To access Chapter 102 materials go to: www.dep.pa.gov/constructionstormwater
Program Updates Central Office Staff A new compliance section has been formed within the Bureau of Clean Water to head up all Chapter 102 compliance. Compliance procedures will be reviewed and updated. Compliance and Enforcement Manual to be updated.
PERMITS
Program Updates PAG-01 New proposed Small Construction Activity General Permit (PAG-01) Applies to earth disturbances of less than 5 acres. Annual report and fee Use of standard construction details and figures from the E&S Pollution Control Program Manual (with some limitations)
Program Updates PAG-01 PNDI clearance must be completed upfront. Cannot be used in Karst geology. Cannot be used in HQ and EV watersheds. All of this is subject to change. Public comment period will be provided
Program Updates PAG-02 The current (PAG-02) NPDES General Permit expires December 8, 2017. We will work with EPA to get the permit reissued statewide. Proposed cap of 25 acres of disturbance. Some of the changes proposed for PAG01 will be incorporated into the PAG02 permit.
Program Updates Individual Permit Individual NPDES Permit May be required for all projects 25 acres of disturbance or greater. The Individual permit will be revised. There will be two public notices: Draft permit to be issued for public comment. Permit issuance.
Program Updates PCSM Spreadsheet Intended to facilitate PCSM calculations for rate, volume and water quality for project sites. Promotes a new approach for assessing water quality through pre and post construction evaluation of annual pollutant loads based on land cover and BMP reductions.
Program Updates PCSM Spreadsheet This will be in conjunction with development of PAG-01 and PAG-02 general permits Use of the PCSM Spreadsheet may be required under certain conditions to facilitate reviews of PCSM calculations. Public comment period will be provided
Program Updates Evapotranspiration (ET) This was suggested at 102 Stakeholder Meetings. DEP looking into how to credit ET through the PCSM Spreadsheet. This will be in conjunction with development of PAG-01 and PAG-02 general permits
Program Updates Managed Release Concept What is Managed Release Concept (SRC)? A stormwater strategy used to manage the 2 volume by: Evapotranspiration Vegetation Soil media Deep infiltration through the in-situ soils A restrictive discharge rate that mimics the normal baseflow hydrology (rather the interflow portion of the stream hydrograph).
Program Updates Managed Release Concept Currently reviewed on a case-by-case basis Research and other evidence to support its use throughout the Commonwealth Public comment period will be provided This will be evaluated in conjunction with development of PAG-01 and PAG-02 general permits
BMP MANUAL
Program Updates Stormwater BMP Manual DEP has enlisted the services of Villanova University to update the Pennsylvania Stormwater Best Management Practices Manual The scope work includes: Reevaluation of design strategies, standards and planning concepts to ensure alignment with recent innovations in stormwater management and the Chapter 102 regulations as amended since the inception of the manual* * Includes ET
ACT 162
Program Updates Act 162 Revisions have been made to interim final guidance documents Implementation Plan Equivalency Demonstration Offsetting Currently undergoing DEP policy office review.
Program Updates Act 162 IMPLEMENTATION PLAN Clarifies applicability of exceptions, allowable and allowed activities. Clarifies Act 162 is not retroactive. Clarifies wetland applicability. Illustrations and Flowcharts added. All of this is subject to change.
Program Updates Act 162 EQUIVALENCY DEMONSTRATION Eliminated checklist for functional equivalency. Eliminated worksheets 14-15 All of this is subject to change.
OFFSETTING Program Updates Act 162 Expanded site selection criteria. Decreased minimum width of replacement buffer from 100 feet to 35 feet. All of this is subject to change.
MISC.
Program Updates Alternate BMPs DEP evaluates alternative BMPs that are not currently listed in our manuals. To see what the status is of alternative BMPs. www.dep.pa.gov/constructionstormwater select E&S Resources.
Program Updates Floodplain Restoration Modify floodplain to meet PCSM requirements. May only use NPDES Individual Permit. Special Conditions to include monitoring of flow and water quality
Program Updates Subsurface Injection Wells Disposal of stormwater through a bore hole, including an improved sinkhole, that is constructed or drilled in a manner that the stormwater bypasses the soil mantle. May only use NPDES Individual Permit. Special Conditions to include monitoring of flow and water quality
THANK YOU Aneca Y. Atkinson Environmental Group Manager PA DEP aneatkinso@pa.gov