WSR 17-01-123

[Filed December 20, 2016, 10:12 a.m.]

The Washington state department of ecology (ecology) proposes to modify the construction stormwater national pollutant discharge elimination system and state waste discharge general permit (permit) as a result of an appeal. The current permit was issued November 18, 2015, and was appealed December 21, 2015. The draft permit modification and fact sheet are available for review and public comment, from December 21, 2016, through February 10, 2017, at 11:59 p.m. Ecology will host an informational public workshop and a public hearing on the draft permit modification. Comments will only be accepted for modified sections of the permit at this time.

Proposed Changes: The proposed changes are to dust control (S1.C.3.i), pH sampling requirements (S4.D), engineering calculation requirements (S9.B.1.f), and concrete washout (S9.D.9.h).

Purpose of the Permit: The proposed permit authorizes the discharge of stormwater and authorized nonstormwater associated with construction activity. The permit covers all areas of Washington state, except most tribal lands (the permit does cover most of the Puyallup Reservation).

The proposed construction stormwater general permit (CSWGP) limits the discharge of pollutants to surface waters under the authority of the federal Water Pollution Control Act (33 U.S.C. 1251) and limits the discharge of pollutants to surface and groundwater under the authority of the state Water Pollution Control Act (chapter 90.48 RCW).

Applying for Coverage under the Permit: New or unpermitted construction sites may obtain coverage under the CSWGP by submitting a complete notice of intent (permit coverage application) to ecology and satisfying all applicable public notice and State Environmental Policy Act (SEPA) requirements (WAC 173-226-200). The application is available online at http://www.ecy.wa.gov/programs/wq/stormwater/construction/enoi.html.

Copies of the Draft Permit: Copies of the draft permit and fact sheet are available online at http://www.ecy.wa.gov/programs/wq/stormwater/construction/index.html. Additionally, you may request copies from Dena Jaskar at dena.jaskar@ecy.wa.gov, or (360) 407-6401.

Submitting Written Comments: Ecology will accept written comments on the draft permit modification and fact sheet from December 21, 2016, through February 10, 2017, until 11:59 p.m. Ecology prefers comments to be submitted by email; however, comments may also be mailed to ecology or sent via fax message. Comments must contain the commenter's name and postal address. Comments should reference specific permit text when possible. Please note, comments will only be accepted for modified sections of the permit at this time. Written comments must be postmarked or received via email or fax no later than February 10, 2017, at 11:59 p.m.

Submit comments by email to cswgpcgeneral@ecy.wa.gov.

Submit comments by mail to Amy Moon, Washington State Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696.

Submit comments by fax to Amy Moon, (360) 407-6426.

Workshop and Public Hearing: A workshop and public hearing on the draft permit modification will be held as an online webinar at 1:00 p.m., on February 6, 2017. The online webinar for the workshop and public hearing will allow interested parties to participate via telephone or telephone and internet connection. The purpose of the workshop is to explain the proposed modification to the permit and answer questions prior to the public hearing. A public hearing will follow immediately after the workshop and will provide an opportunity for interested parties to give formal oral testimony and comment on the draft permit modification. Webinar registration information for the workshop and public hearing is available online on ecology's construction stormwater general permit web site http://www.ecy.wa.gov/programs/wq/stormwater/construction/index.html.

Issuing the Permit: After ecology receives and considers all public comments, it will issue the final permit modification along with response to comments. Ecology expects to issue the final permit modification on March 22, 2017, with an effective date of May 5, 2017.