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Chapter 102 Revisions

Chapter 102 Revisions. Jim Fuller Environmental Engineering Specialist PA Department of Environmental Protection Bureau of Oil and Gas Management P.O. Box 8765 Harrisburg, PA 17105-8765 j afuller@state.pa.us 717.783.3389. Overview. 102.1 Definitions 102.4 E&S Control Requirements

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Chapter 102 Revisions

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  1. Chapter 102 Revisions Jim Fuller Environmental Engineering Specialist PA Department of Environmental Protection Bureau of Oil and Gas Management P.O. Box 8765 Harrisburg, PA 17105-8765 jafuller@state.pa.us 717.783.3389

  2. Overview • 102.1 Definitions • 102.4 E&S Control Requirements • 102.5 Permit Requirements • 102.6 Permit Applications and Fees • 102.7 Permit Termination • 102.8 PCSM Requirements (New) • 102.11 E&S Control and PCSM BMPs • 102.14 Riparian Buffer Requirements (New) • 102.22 Site Restoration

  3. Section 102.1 Definitions

  4. Section 102.1 Definitions • Previous Version of Regulations: • Had 32 definitions • Revised Version of Regulations: • Deleted 3 definitions • Modified 16 of the remaining 29 definitions • Added 23 new definitions • Results in 39 modified or new definitions • Total of 52 Definitions in revised Regs.

  5. Section 102.4 E&S Control Requirements

  6. E&S Control Plan Preparation • The E&S Plan must be prepared by a person trained and experienced in E&S control methods and techniques applicable to the size and scope of the project being designed.(102.4(b)(3))

  7. E&S Control Planning Requirements • Minimize the extent and duration of the earth disturbance(102.4(b)(4)(i)) • Maximize protection of existing drainage features and vegetation(102.4(b)(4)(ii)) • Minimize soil compaction(102.4(b)(4)(iii)) • Utilize controls that prevent or minimize the generation of increased stormwater runoff(102.4(b)(4)(iv))

  8. Five New E&S Control Plan Content Requirements • Maintenance program with weekly inspection plus inspection after each stormwater event including completion of a written report documenting each inspection, repair, replacement or maintenance activity(102.4(b)(5)(x))

  9. Five New E&S Control Plan Content Requirements (Cont.) • Identify geologic formations or soil conditions that may cause pollution during earth disturbance and identify BMPs to avoid or minimize pollution from these sources(102.4(b)(5)(xii))

  10. Five New E&S Control Plan Content Requirements (Cont.) • Identification of potential thermal impacts to surface waters from earth disturbance including BMPs to avoid, minimize or mitigate pollution from thermal impacts(102.4(b)(5)(xiii))

  11. Five New E&S Control Plan Content Requirements (Cont.) • The E&S Plan must be planned, designed and implemented to be consistent with but separate from the PCSM Plan(102.4(b)(5)(xiv))

  12. Five New E&S Control Plan Content Requirements (Cont.) • Provide identification of existing and proposed riparian forest buffers(102.4(b)(5)(xv))

  13. Special Protection Waters Antidegradation Requirements • Evaluate and include nondischarge alternatives in the E&S Plan(102.4(b)(6)(i)) • If non-discharge alternatives don’t exist, the E&S Plan must include ABACT(102.4(b)(6)(ii)) • Non-discharge alternative and ABACT design standards are listed in “E&S Pollution Control Program Manual”Ref. No. 363-2134-008(102.4(b)(6)(iii))

  14. Section 102.5 Permit Requirements

  15. Post Construction Stormwater Management (PCSM) Requirements • All NPDES and E&S permits must contain a PCSM Plan unless provided for in other ways(102.5(a))

  16. Preconstruction Meeting Meeting is required unless DEP or CD inform the permittee in writing that it is not required Permittee will invite DEP or CD to meeting at least 7 days prior to meeting Attendees must include permittees, co-permittees, operators, and licensed professionals or designees responsible for the critical stages of PCSM BMP installation(102.5(e))

  17. Section 102.6 Permit Application and Fees

  18. Application Submittal Requirements • Submit an E&S Plan meeting the requirements of 102.4 and a PCSM Plan meeting the requirements of 102.8(102.6(a)(1))

  19. Complete Application/NOI • An Application/NOI is not complete until all necessary information is received(102.6(c)(1)) • When the Department or Conservation District determines an Application or NOI is incomplete (102.6(c)(2)) • Applicant has 60 days to complete application • If no response in 60 days, application considered withdrawn and applicant notified in writing • Applicant can ask for extension • When application is withdrawn, associated fees will not be refunded (102.6(c)(3))

  20. Permit Fees • Administrative filing or “base” fee: (102.6(b)(1)) • General Permit Fee - $500 • Individual Permit Fee - $1500 • Disturbed Acreage fee: (102.6(b)(1)) • $100/Acre • Fractional Acreage (102.6(b)(1)) • To be rounded to the nearest whole number

  21. Section 102.7 Permit Termination

  22. Responsibility for Long-term PCSM BMP O&M Compliance • Until the permittee or co-permittee has received written approval of a Notice of Termination (NOT), the permittee or co-permittee will remain responsible for compliance with the permit terms including long-term O&M of PCSM BMPs (102.7(c))

  23. Additional Notice of Termination (NOT) Requirement • Identification of the persons who have agreed to be responsible for long-term operation and maintenance of the PCSM BMPs in accordance with 102.8(m) (102.7(b)(5))

  24. Section 102.8 PCSM Requirements

  25. PCSM Plan Applicability • Earth disturbance activities after November 19, 2010 require a written PCSM Plan • Permits issued before November 19, 2010 and renewed prior January 1, 2013 are not required to comply with new PCSM requirements • After January 1, 2013 renewal of earth disturbance permits issued before November 19, 2010 must comply with new PCSM requirements

  26. PCSM Planning and Design • Preserve integrity of stream channels and maintain and protect the physical, biological and chemical qualities of streams (102.8(b)(1)) • Prevent increases in the rate of runoff (102.8(b)(2)) • Minimize land clearing, grading, soil compaction, impervious areas and any increase in runoff volume (102.8(b)(3,4,6,7)) • Maximize protection of existing drainage and vegetation (102.8(b)(5))

  27. Consistency With E&S Plan • The PCSM Plan is to be planned, designed and implemented to be consistent with the E&S Plan under 102.4(b)

  28. Separate From E&S Plan • Unless approved by the Department, the PCSM Plan must be separate from the E&S Plan and be labeled accordingly in the final plan for construction (102.8(d))

  29. PCSM Plan Preparer Requirements • The PCSM Plan must be prepared by a person trained and experienced in PCSM design methods and techniques applicable to the size and scope of the project being designed (102.8(e))

  30. PCSM Plan Content • Existing topographic features of the project site (102.8(f)(1)) • Types, depth, slope, location and limitation of soils and geologic formations (102.8(f)(2)) • Past, present and proposed land characteristics of the project site (102.8(f)(3)) • Determine net change in volume and rate of stormwater runoff from the site (102.8(f)(4))

  31. PCSM Plan Content (Cont.) • Identification, location and classification under Chapter 93 of receiving waters (102.8(f)(5)) • Written description, location and type of PCSM BMPs (102.8(f)(6)) • The sequence of PCSM installation in relation to earth disturbance activities and inspection schedule (102.8(f)(7)) • Supporting calculations (102.8(f)(8))

  32. PCSM Plan Content (Cont.) • Plan drawings (102.8(f)(9)) • A long-term operation and maintenance schedule for the PCSM BMPs (102.8(f)(10)) • Procedures for proper recycling and/or disposal of waste materials from the project site (102.8(f)(11)) • Identification of geologic formations or soil conditions with potential to cause pollution after earth disturbance (102.8(f)(12))

  33. PCSM Plan Content (Cont.) • Identification of potential thermal impacts from earth disturbance activity and a plan to avoid such impacts (102.8(f)(13)) • A riparian forest buffer management plan when required under Chapter 102.14 (102.8(f)(14)) • Additional information as required by the Department (102.8(f)(15))

  34. PCSM Plan Stormwater Analysis • Predevelopment site characterization and assessment of soil and geology including: (102.8(g)(1)) • Infiltration studies • Geotechnical studies • Identification of test methods used • Location of depth of the test sites

  35. PCSM Plan Stormwater Analysis (Cont.) • Demonstrate the PCSM BMPs will meet volume reduction and water quality requirements of an approved Act 167 Plan; Or • Manage net runoff change up to and including 2-year/24-hour storm compared to preconstruction conditions (102.8(g)(2))

  36. PCSM Plan Stormwater Analysis (Cont.) • Demonstrate the PCSM BMPs will meet the rate requirements of an approved Act 167 Plan; Or • Manage the net change in peak rate for the 2-, 10-, 50- and 100-year/24-hour storm not to exceed preconstruction rates (102.8(g)(3))

  37. PCSM Plan Stormwater Analysis (Cont.) • Identification of methodologies for calculating total runoff and peak runoff rate with supporting calculations (102.8(g)(4)) • Identification of construction techniques to address soil and geologic limitations (102.8(g)(5)) • Department may require additional information necessary to adequately review the PCSM Plan or may require additional PCSM BMPs(102.8(g)(6))

  38. PCSM Implementation for Special Protection Waters • Evaluate and include nondischarge alternatives in the PCSM Plan (102.8(h)(1)) • If no nondischarge alternative available, the PCSM Plan must include ABACT (102.8(h)(2)) • Nondischarge alternatives and ABACT design standards are listed in “Pennsylvania Stormwater Best Management Practices Manual” Ref. No. 363-0300-002 (102.8(h)(3))

  39. Licensed Professional Oversight of Critical Stages • A licensed professional or a designee shall be on site and responsible during critical stages of implementation(102.8(k)) • Critical stages may include: • Installation of underground treatment • Installation of storage BMPs • Structurally engineered BMPs • Other BMPs as deemed appropriate by the Department

  40. Final Certification/Notice of Termination (NOT) • The permittee shall include with the Notice of Termination “Record Drawings” with a final certification statement(102.8(l)) • The Permittee shall retain a copy of the “Record Drawings” as part of the approved PCSM Plan(102.8(l)(1)) • The Permittee will provide a copy of the “Record Drawings” to the person(s) identified as responsible for the long-term operation and maintenance of the PCSM BMPs(102.8(l)(2))

  41. PCSM BMP Long-Term Operation Maintenance Requirements • The Permittee or Co-permittee is responsible for the long-term O&M of the PCSM BMPs unless another person is identified as the responsible entity in the Notice of Termination (102.8(m)(1)) • An instrument must be recorded with the recorder of deeds that assures the obligation for long-term O&M of the PCSM BMPs remains with the property (102.8(m)(2))

  42. PCSM Long-Term Operation Maintenance Requirements (Cont.) • Responsibility for performing long-term O&M of the PCSM BMPs may be transferred by agreement to another entity (102.8(m)(4)) • The Permittee and Co-permittee that fails to transfer long-term O&M of the PCSM BMPs remain jointly responsible with the land owner for the PCSM BMPs located on the property(102.8(m)(5))

  43. Regulated Activities Requiring Site Restoration or Reclamation • Site restoration plans that identify PCSM BMPs to manage stormwater from oil and gas activities in accordance with Chapter 78 may be used to satisfy requirements of Subsection(102.8(n))

  44. Regulated Activities Requiring Site Restoration or Reclamation (Cont.) • The Restoration Plan must meet the requirements of the following 102.8 Subsections: • (b) General PCSM Planning and Design • (c) Consistency with E&S Plan • (e) PCSM Plan Preparer Requirements • (f) PCSM Plan Contents • (h) PCSM Implementation for Special Protection Waters • (i) Complaint or Site Inspection • (l) Final Certification • (m) PCSM Long-term O&M Requirements

  45. Section 102.11 E&S Control and PCSM BMPs

  46. E&S Control and PCSM BMPs • BMP and Design Standards (102.11(a)) • Design, implement and maintain E&S BMPs – “Erosion and Sediment Pollution Control Program Manual” Ref. No. 363-2134-008 • Develop, design, implement and maintain PCSM BMPs – “Pennsylvania Stormwater Best Management Practices Manual” Ref No. 363-0300-002 • Develop riparian forest buffer – “Riparian Forest Buffer Guidance” Ref. No. 395-5600-001 • Develop, design, implement and maintain a PPC Plan – “Guidelines for the Development and Implementation of Environmental Emergency Response Plans” Ref. No. 400-2200-001

  47. E&S Control and PCSM BMPs (Cont.) • Alternate BMP Design Standards (102.11(b)) • Alternate design standards may be used when demonstrated by the applicant that the alternate BMP or design standard minimizes accelerated erosion and sedimentation Or • Manages stormwater during and after the completion of earth disturbance activities to achieve regulatory standards

  48. Section 102.14 Riparian Buffer Requirements

  49. General Requirements for Mandatory Riparian Buffers • Earth disturbance may not be conducted within 150 feet of special protection waters (102.14(a)) • When special protection waters are attaining their designated uses and the project site is within 150 feet of the special protection waters • Any existing riparian buffer must be protected(102.14(a)(1))

  50. General Requirements for Mandatory Riparian Buffers (Cont.) • When special protection waters are not attaining their designated uses and the project site is within 150 feet of the special protection waters • Any existing riparian forest buffer must be protected(102.14(a)(2)(i)) • Convert existing riparian buffer to riparian forest buffer(102.14(a)(2)(ii)) • Establish a new riparian forest buffer(102.14(a)(2)(iii))

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