Notice of Availability of Draft NPDES Medium Wastewater Treatment Facilities General Permit for Massachusetts
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Abstract
The Director of the Water Division, U.S. Environmental Protection Agency--Region 1 (EPA), is providing a Notice of Availability for the Draft National Pollutant Discharge Elimination System (NPDES) Medium Wastewater Treatment Facilities General Permit (Medium WWTF GP) for discharges to certain waters of the Commonwealth of Massachusetts. This Draft NPDES Medium WWTF GP ("Draft General Permit") establishes effluent limitations and requirements, effluent and ambient monitoring requirements, reporting requirements, and standard conditions for 44 eligible facilities that are currently covered by individual NPDES permits (see Attachment E of the Draft General Permit for a list of eligible WWTFs). The Draft General Permit is available on EPA Region 1's website at https://www.epa.gov/npdes- permits/region-1-draft-medium-wastewater-treatment-facilities-general- permit-massachusetts. The Fact Sheet for the Draft General Permit sets forth principal facts and the significant factual, legal, methodological, and policy questions considered in the development of the Draft General Permit and is also available at this website.
Full Text
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<title>Federal Register, Volume 87 Issue 26 (Tuesday, February 8, 2022)</title>
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[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7175-7176]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02525]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL 9531-01-R1]
Notice of Availability of Draft NPDES Medium Wastewater Treatment
Facilities General Permit for Massachusetts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability of draft NPDES general permit MAG590000.
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SUMMARY: The Director of the Water Division, U.S. Environmental
Protection Agency--Region 1 (EPA), is providing a Notice of
Availability for the Draft National Pollutant Discharge Elimination
System (NPDES) Medium Wastewater Treatment Facilities General Permit
(Medium WWTF GP) for discharges to certain waters of the Commonwealth
of Massachusetts. This Draft NPDES Medium WWTF GP (``Draft General
Permit'') establishes effluent limitations and requirements, effluent
and ambient monitoring requirements, reporting requirements, and
standard conditions for 44 eligible facilities that are currently
covered by individual NPDES permits (see Attachment E of the Draft
General Permit for a list of eligible WWTFs). The Draft General Permit
is available on EPA Region 1's website at <a href="https://www.epa.gov/npdes-permits/region-1-draft-medium-wastewater-treatment-facilities-general-permit-massachusetts">https://www.epa.gov/npdes-permits/region-1-draft-medium-wastewater-treatment-facilities-general-permit-massachusetts</a>. The Fact Sheet for the Draft General Permit sets
forth principal facts and the significant factual, legal,
methodological, and policy questions considered in the development of
the Draft General Permit and is also available at this website.
DATES: Comments must be received on or before April 11, 2022.
ADDRESSES: Written comments on the Draft General Permit may be mailed
to U.S. EPA Region 1, Water Division, Attn: Michele Duspiva, 5 Post
Office Square, Suite 100, Mail Code 06-4, Boston, Massachusetts 02109-
3912, or sent via email to: <a href="/cdn-cgi/l/email-protection#90d4e5e3e0f9e6f1beddf9f3f8f5fcf5d0f5e0f1bef7ffe6"><span class="__cf_email__" data-cfemail="63271610130a15024d2e0a000b060f06230613024d040c15">[email protected]</span></a>. Due to the COVID-
19 National Emergency, if comments are submitted in hard copy form,
please also email a copy to the EPA contact above.
FOR FURTHER INFORMATION CONTACT: Additional information concerning the
Draft General Permit may be obtained from Michele Duspiva, U.S. EPA
Region 1, Water Division, 5 Post Office Square, Suite 100, Mail Code
06-4, Boston, MA 02109-3912; telephone: 617-918-1682; email:
<a href="/cdn-cgi/l/email-protection#10546563607966713e5d797378757c75507560713e777f66"><span class="__cf_email__" data-cfemail="9adeefe9eaf3ecfbb4d7f3f9f2fff6ffdaffeafbb4fdf5ec">[email protected]</span></a>. Following U.S. Centers for Disease Control and
Prevention (CDC) and U.S. Office of Personnel Management (OPM) guidance
and specific state guidelines impacting our regional offices, EPA's
workforce has been directed to telework to help prevent transmission of
the coronavirus. While in this workforce telework status, there are
practical limitations on the ability of Agency personnel to allow the
public to review the administrative record in person at the EPA Boston
office. However, any electronically available documents that are part
of the administrative record can be requested from the EPA contact
above.
SUPPLEMENTARY INFORMATION:
Public Comment Information: Interested persons may submit written
comments on the Draft General Permit to EPA Region 1 at the address
listed above. In reaching a final decision on this Draft General
Permit, the Regional Administrator will respond to all significant
comments and make responses available to the public on EPA Region 1's
website. All comments must be postmarked or delivered by the close of
the public comment period.
General Information: The Draft General Permit includes effluent
limitations and requirements for eligible facilities based on
technology and/or water quality considerations of the unique discharges
from these facilities. The effluent limits established in the Draft
General Permit ensure that the surface water quality standards of the
receiving water(s) will be attained and/or maintained.
Obtaining Authorization: To obtain coverage under the General
Permit, facilities meeting the eligibility
[[Page 7176]]
requirements outlined in Part I of this General Permit may submit a
notice of intent (NOI) in accordance with Part IV of this General
Permit and 40 CFR 122.28(b)(2)(i) & (ii). The contents of the NOI shall
include at a minimum, the legal name and address of the owner or
operator, the facility name and address, type of facility or
discharges, the receiving stream(s) and be signed by the operator in
accordance with the signatory requirements of 40 CFR 122.22.
Alternately, based on 40 CFR 122.28(b)(2)(vi), the Director may notify
a discharger that it is covered by a general permit, even if the
discharger has not submitted an NOI to be covered. EPA has determined
that the facilities identified in Attachment E of the Draft General
Permit all meet the eligibility requirements for coverage under the
Draft General Permit and may be authorized to discharge under the
General Permit by this type of notification.
Other Legal Requirements: Endangered Species Act (ESA): In
accordance with the ESA, EPA has updated the provisions and necessary
actions and documentation related to potential impacts to endangered
species from WWTFs seeking coverage under the Draft General Permit.
Concurrently with the public notice of the Draft General Permit, EPA
will initiate an informal consultation with the National Oceanic and
Atmospheric Administration, National Marine Fisheries Service (NOAA
Fisheries) under ESA section 7, through the submission of a letter and
biological assessment (BA) summarizing the results of EPA's assessment
of the potential effects to endangered and threatened species and their
critical habitats under NOAA Fisheries jurisdiction as a result of
EPA's issuance of the Draft General Permit. In this document, EPA has
made a preliminary determination that the proposed issuance of the
Draft General Permit is not likely to adversely affect the shortnose
sturgeon, Atlantic sturgeon, or designated critical habitat for
Atlantic sturgeon, as well as coastal protected whales and sea turtles.
EPA will request that NOAA Fisheries review this submittal and inform
EPA whether it concurs with this preliminary finding.
In addition, EPA has concluded that the Medium WWTF GP is
consistent with activities analyzed in the USFWS January 5, 2016,
Programmatic Biological Opinion (PBO) regarding the threatened northern
long-eared bat.
Essential Fish Habitat (EFH): Under the 1996 Amendments (Pub. L.
104-267) to the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq. (1998)), EPA is required to consult with
NOAA Fisheries if EPA's actions or proposed actions that it funds,
permits or undertakes ``may adversely impact any essential fish
habitat.'' 16 U.S.C. 1855(b). EPA has determined that the permit action
may adversely affect the EFH of designated species. The Draft General
Permit has been conditioned to minimize any impacts that reduce the
quality and/or quantity of EFH. Additional mitigation is not warranted
under Section 305(b)(2) of the Magnuson-Stevens Act. Concurrent with
the public notice of the Draft General Permit, EPA will initiate
consultation with NOAA Fisheries by providing this determination for
their review.
National Historic Preservation Act (NHPA): Facilities which
adversely affect properties listed or eligible for listing in the
National Registry of Historic Places under the NHPA are not authorized
to discharge under the Draft General Permit. Based on the nature and
location of the discharges, EPA has determined that all facilities
eligible for authorization under the Draft General Permit do not have
the potential to affect a property that is either listed or eligible
for listing on the National Register of Historic Places.
Coastal Zone Management Act (CZMA): The CZMA, l6 U.S.C. 145l et
seq., and its implementing regulations (15 CFR part 930) require a
determination that any federally licensed activity affecting the
coastal zone with an approved Coastal Zone Management Program (CZMP) is
consistent with the CZMA. Concurrent with the public notice of the
Draft General Permit, EPA will request that the Executive Office of
Environmental Affairs, MA CZM, provide a consistency concurrence that
the proposed Draft General Permit is consistent with the MA CZMPs.
Authority: This action is being taken under the Clean Water Act, 33
U.S.C. 1251 et seq.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2022-02525 Filed 2-7-22; 8:45 am]
BILLING CODE 6560-50-P
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