Construction Stormwater Update: Draft PAG-02 Permit Open for Comment
March 26, 2024
Publications
The Pennsylvania Department of Environmental Protection (“PADEP”) recently announced the availability of its draft 2024 version of the PAG-02 NPDES general permit for stormwater discharges associated with construction activities for comment. The current version of the PAG-02 permit, which was issued in December 2019, is set to expire state-wide on December 7, 2024. PADEP is accepting comments on the draft 2024 PAG-02 permit through April 8, 2024.
In the draft 2024 PAG-02 permit, PADEP proposes a number of significant changes that, if implemented, will impact both existing projects currently covered by the 2019 version of the permit and future projects. Notably, PADEP’s proposed changes to the PAG-02 permit include:
- Revised site inspection requirements and qualification;
- Submission of proof of recording and an as-recorded copy of the instrument required by 25 Pa. Code § 102.8(m)(2) (covering post-construction stormwater management facilities) before the pre-construction meeting;
- Annual reporting;
- Submission of construction certifications for stormwater control measures (“SCMs”), a term used in place of BMPs for post-construction stormwater controls;
- Post-construction confirmation testing for infiltration-based SCMs; and
- Submission of new property owner notification forms.
Additionally, for projects currently authorized under the 2019 version of the PAG-02 permit, PADEP is proposing that permittees wishing to continue coverage under the 2024 version submit a “renewal” Notice of Intent to confirm continuing eligibility under the reissued permit.
Given the breadth of changes proposed by PADEP, we strongly encourage developers, builders, and other members of the regulated community to review the draft materials (available here) and consider submitting comments to PADEP. Comments may be submitted (1) electronically using PADEP’s eComment system (www.ahs.dep.pa.gov/eComment), (2) via email (ecomment@pa.gov), or (3) by mail (Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063).
For assistance in reviewing the draft materials or submitting comments, please contact Errin McCaulley, Scott Gould, or any member of the McNees Environmental Law and Toxic Tort Group.
