Notice2022-23423
Notice of Availability of Draft NPDES Small Wastewater Treatment Facilities General Permits Modification
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
October 27, 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 for the Draft National Pollutant Discharge Elimination System (NPDES) Small Wastewater Treatment Facility General Permit (Small WWTF GP) Modification for discharges to certain waters of the Commonwealth of Massachusetts and the State of New Hampshire. This Draft NPDES Small WWTF GP Modification ("Draft General Permit Modification") establishes effluent limitations and requirements, effluent and ambient monitoring requirements, reporting requirements, and standard conditions for 21 additional eligible facilities currently covered by individual NPDES permits (see Attachment E of the Draft General Permit Modification for a list of WWTFs being added to the General Permit; 11 in Massachusetts, 10 in New Hampshire, and 2 Co-Permittees in New Hampshire). The Draft General Permit Modification is available on EPA Region 1's website at https://www.epa.gov/npdes-permits/region-1-draft- small-wastewater-treatment-facilities-general-permit-modification. The Statement of Basis for the Draft General Permit Modification sets forth principal facts and the significant factual, legal, methodological, and policy questions considered in the development of the Draft General Permit Modification and is also available at this website.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 207 (Thursday, October 27, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 207 (Thursday, October 27, 2022)]
[Notices]
[Pages 65055-65057]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23423]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8519-04-R1]
Notice of Availability of Draft NPDES Small Wastewater Treatment
Facilities General Permits Modification
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Availability of Draft NPDES General Permits
Modification MAG580000 and NHG580000.
-----------------------------------------------------------------------
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) Small Wastewater Treatment Facility General Permit
(Small WWTF GP) Modification for discharges to certain waters of the
Commonwealth of Massachusetts and the State of New Hampshire. This
Draft NPDES Small WWTF GP Modification (``Draft General Permit
Modification'')
[[Page 65056]]
establishes effluent limitations and requirements, effluent and ambient
monitoring requirements, reporting requirements, and standard
conditions for 21 additional eligible facilities currently covered by
individual NPDES permits (see Attachment E of the Draft General Permit
Modification for a list of WWTFs being added to the General Permit; 11
in Massachusetts, 10 in New Hampshire, and 2 Co-Permittees in New
Hampshire). The Draft General Permit Modification is available on EPA
Region 1's website at <a href="https://www.epa.gov/npdes-permits/region-1-draft-small-wastewater-treatment-facilities-general-permit-modification">https://www.epa.gov/npdes-permits/region-1-draft-small-wastewater-treatment-facilities-general-permit-modification</a>. The
Statement of Basis for the Draft General Permit Modification sets forth
principal facts and the significant factual, legal, methodological, and
policy questions considered in the development of the Draft General
Permit Modification and is also available at this website.
DATES: Public comments must be received by January 25, 2023.
ADDRESSES: Written comments on the Draft General Permit Modification
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#286c5d5b58415e490665414b404d444d684d5849064f475e"><span class="__cf_email__" data-cfemail="e0a4959390899681cead898388858c85a0859081ce878f96">[email protected]</span></a>. If comments are submitted in hard copy form,
please also email a copy to the EPA contact above.
FOR FURTHER INFORMATION CONTACT: The administrative record and
additional information concerning the Draft General Permit Modification
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="b7f3c2c4c7dec1d699faded4dfd2dbd2f7d2c7d699d0d8c1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Public Comment Information: Interested persons may submit written
comments on the Draft General Permit Modification to EPA Region 1 at
the address listed above. In reaching a final decision on this Draft
General Permit Modification, 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 Modification 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 Modification 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 requirements outlined in
Part I of this General Permit may submit a notice of intent (NOI) in
accordance with Part V 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 Modification all meet the
eligibility requirements for coverage under the Draft General Permit
and may be authorized to discharge under the General Permit
Modification 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 being added for coverage under the Draft General
Permit Modification. Concurrently with the public notice of the Draft
General Permit Modification, EPA has initiated 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
Modification. In this document, EPA has made a preliminary
determination that the proposed issuance of the Draft General Permit
Modification is not likely to adversely affect the shortnose sturgeon,
Atlantic sturgeon, leatherback sea turtles, loggerhead sea turtles,
Kemp's ridley sea turtles, green sea turtles, North Atlantic right
whales, and fin whales. EPA has requested that NOAA Fisheries review
this submittal and inform EPA whether it concurs with this preliminary
finding.
In addition, EPA has initiated an informal consultation with the
U.S. Fish and Wildlife Service (USFWS) under ESA section 7, through the
submission of a letter summarizing the results of EPA's assessment of
the potential effects to endangered and threatened species and their
critical habitats under USFWS jurisdiction as a result of EPA's
issuance of the Draft General Permit Modification. In this document,
EPA has made a preliminary determination that the proposed issuance of
the Draft General Permit Modification is not likely to adversely affect
the northern long-eared bat. EPA has completed an informal consultation
with USFWS regarding the threatened northern long-eared bat, as
activities conducted as part of the Small WWTF GP Modification are
consistent with activities analyzed in the USFWS January 5, 2016,
Programmatic Biological Opinion (PBO).
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). This consultation will only include an
analysis of the proposed additional facilities and will not include the
facilities that are already covered based on the 2021 issuance of the
General Permit. In the Statement of Basis accompanying the Draft
General Permit Modification, EPA notes that the general permit action
minimizes adverse effects to aquatic organisms, including those with
designated EFH in the receiving waters. EFH species associated with the
receiving waters of facilities covered by the Draft General Permit
Modification may include Atlantic salmon as well as the life stages of
a number of coastal EFH designated species, along with two habitat
areas of particular concern. EPA has made the determination that
additional mitigation is not warranted under Section 305(b)(2) of the
Magnuson-Stevens Act and has provided this determination to NOAA
Fisheries 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 Modification. 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
[[Page 65057]]
either listed or eligible for listing on the National Register of
Historic Places.
Coastal Zone Management Act (CZMA): The CZMA, 16 U.S.C. 1451 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.
On June 7, 2021, the Massachusetts CZMP determined that the Small
WWTF GP is consistent with its enforceable policies. Concurrent with
the public notice EPA will request that the Executive Office of
Environmental Affairs, MA CZM, Project Review Coordinator provide a
consistency concurrence that the proposed Small WWTF GP Modification is
consistent with the MA CZMP.
On June 7, 2021, the New Hampshire Coastal Program (NHCP)
determined that the Small WWTF GP is consistent with its enforceable
policies. On June 30, 2022, the NHCP determined that any additional
facilities that qualify for coverage under the Small WWTF GP are also
consistent with its enforceable policies. On June 30, 2022, EPA
submitted a formal letter to NHCP describing this determination.
Therefore, additional CZMA federal consistency review by the NHCP is
not required.
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. 2022-23423 Filed 10-26-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 27, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.