Notice2022-08819
Notice of Availability of Draft NPDES General Permits for Dewatering and Remediation Activity Discharges in Massachusetts and New Hampshire, Federal Facilities in Vermont, and Indian Country in Connecticut and Rhode Island: The Dewatering and Remediation General Permit
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 26, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Director of the Water Division, U.S. Environmental Protection Agency--Region 1 (EPA), is providing a notice of availability of draft National Pollutant Discharge Elimination System (NPDES) general permits for discharges from sites engaged in certain dewatering and remediation activities to certain waters in the Commonwealth of Massachusetts and the State of New Hampshire, sites in Connecticut and Rhode Island located on Indian Country lands, and federal facilities in Vermont. The draft NPDES general permits establish electronic Notice of Intent (NOI), Change Notice of Intent (CNOI), and Notice of Termination (NOT) requirements, discharge limitations and requirements, standard and special conditions, and best management practice (BMP) requirements for sites that discharge 1.0 million gallons per day or less. These general permits replace the Dewatering General Permit (DGP) that expired on April 24, 2020, and the Remediation General Permit (RGP) that expires on April 8, 2022. The Draft General Permit is available on EPA Region 1's website. 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 80 (Tuesday, April 26, 2022)</title>
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[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Notices]
[Pages 24557-24559]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08819]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-SAN 9599-01-R1]
Notice of Availability of Draft NPDES General Permits for
Dewatering and Remediation Activity Discharges in Massachusetts and New
Hampshire, Federal Facilities in Vermont, and Indian Country in
Connecticut and Rhode Island: The Dewatering and Remediation General
Permit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Availability of DRAFT NPDES General Permits
MAG910000, NHG910000, VTG910000, CTG910000, and RIG910000.
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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 of draft National Pollutant Discharge Elimination System
(NPDES) general permits for discharges from sites engaged in certain
dewatering and remediation activities to certain waters in the
Commonwealth of Massachusetts and the State of New Hampshire, sites in
Connecticut and Rhode Island located on Indian Country lands, and
federal facilities in Vermont. The draft NPDES general permits
establish electronic Notice of Intent (NOI), Change Notice of Intent
(CNOI), and Notice of Termination (NOT) requirements, discharge
limitations and requirements, standard and special conditions, and best
management practice (BMP) requirements for sites that discharge 1.0
million gallons per day or less. These general permits replace the
Dewatering General Permit (DGP) that expired on April 24, 2020, and the
Remediation General Permit (RGP) that expires on April 8, 2022. The
Draft General Permit is available on EPA Region 1's website. The fact
sheet for the draft general permit sets forth principal facts and the
significant factual, legal, methodological, and policy questions
considered in the
[[Page 24558]]
development of the draft general permit and is also available at this
website.
DATES: Comment on the draft general permits must be received on or
before May 26, 2022.
ADDRESSES: Comments on the draft DRGP shall be submitted by one of the
following methods: (1) Email: <a href="/cdn-cgi/l/email-protection#7f13160b0b131a510c171e0a111e3f1a0f1e51181009"><span class="__cf_email__" data-cfemail="412d2835352d246f322920342f20012431206f262e37">[email protected]</span></a>; or (2) Hard Copy:
U.S. EPA Region 1, Attn: Shauna Little, 5 Post Office Square, Suite
100, Mail Code OEP06-4, Boston, MA 02109-3912. 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 permits may be obtained between the hours of 9 a.m. and 5
p.m. Monday through Friday, excluding holidays, from Shauna Little,
U.S. EPA Region 1, 5 Post Office Square, Suite 100, Mail Code 06-4,
Boston, MA 02109-3912; telephone: 617-918-1989; email:
<a href="/cdn-cgi/l/email-protection#5e32372a2a323b702d363f2b303f1e3b2e3f70393128"><span class="__cf_email__" data-cfemail="1d717469697178336e757c68737c5d786d7c337a726b">[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:
General Information: EPA is proposing to reissue two general
permits for discharges from sites engaged in four types of dewatering
and remediation activities: (1) Site remediation; (2) Site dewatering;
(3) Infrastructure dewatering/remediation; and (4) Material dewatering
for four types of wastewaters: (1) Groundwater; (2) Stormwater; (3)
Potable water; and (4) Surface water. While the draft general permits
were two distinct permits, because of the similarities in both
activities and wastewaters, EPA has combined them together in a single
document and has provided a single fact sheet. This document refers to
the draft general ``permit'' in the singular. The draft general permit
includes effluent limitations and requirements based on technology-
based considerations, best professional judgment (BPJ), and water
quality considerations. The effluent limits established in the draft
general permit assure that the surface water quality standards of the
receiving water(s) are attained and/or maintained. The permit also
contains BMP requirements in order to ensure EPA has the information
necessary to ensure compliance and to ensure discharges meet water
quality standards.
Obtaining Authorization: To obtain authorization to discharge,
operators must submit a complete and accurate NOI containing the
information described in the draft general permit using EPA's NPDES
eReporting Tool (NeT) to electronically prepare and submit the e-NOI
for coverage under the DRGP, unless an operator requests and receives a
waiver from EPA Region 1. Operators with existing discharges must
submit a NOI within 90 days of the effective date of the final general
permit. Operators with new discharges must submit a NOI at least 30
days prior to initiating discharges and following the effective date of
the final general permit. The effective date of the final general
permit will be specified in the Federal Register publication of the
Notice of Availability of the final permit. Operators must meet the
eligibility requirements of the general permit prior to submission of a
NOI. An operator will be authorized to discharge under the general
permit upon receipt of written notice from EPA. EPA will authorize the
discharge 30 days following submission of a NOI, unless additional
information is requested, which will place the 30 day period on hold.
If an operator is required to apply for an alternative permit or an
individual permit, EPA will inform the operator in writing.
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 sites 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 DRGP 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 (PL 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): Activities 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. Operators must review all
reasonable information to ensure that activities are not subject to
this limitation on coverage and provide certification in the NOI
submitted to EPA.
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.
[[Page 24559]]
Authority: This action is being taken under the Clean Water Act, 33
U.S.C. 1251 et seq.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-08819 Filed 4-25-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on April 26, 2022.
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