Notice2023-03033
Notice of Availability of Draft NPDES Potable Water Treatment Facility 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
February 21, 2023
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) Potable Water Treatment Facility General Permit (Draft PWTF GP) for discharges to certain waters of the Commonwealth of Massachusetts and the State of New Hampshire. This Draft PWTF GP establishes effluent limitations and requirements, effluent and ambient monitoring requirements, reporting requirements, and standard conditions for existing potable water treatment facilities that discharge wastewater associated with common water treatment processes (e.g., clarification, granular media filtration, microfiltration, etc.). The Draft PWTF GP is available on EPA Region 1's website at https://www.epa.gov/npdes-permits/potable- water-treatment-facility-general-permit-pwtf-gp-massachusetts-new- hampshire. The Fact Sheet for the Draft PWTF GP sets forth principal facts and the significant factual, legal, methodological, and policy questions considered in the development of the Draft Permit and is also available at this website.
Full Text
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<title>Federal Register, Volume 88 Issue 34 (Tuesday, February 21, 2023)</title>
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[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Notices]
[Pages 10508-10510]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03033]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-10658-01-R1]
Notice of Availability of Draft NPDES Potable Water Treatment
Facility General Permit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability of draft NPDES general permits MAG640000
and NHG640000.
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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) Potable Water Treatment Facility General Permit (Draft
PWTF GP) for discharges to certain waters of the Commonwealth of
Massachusetts and the State of New Hampshire. This Draft PWTF GP
establishes effluent limitations and requirements, effluent and ambient
monitoring requirements, reporting
[[Page 10509]]
requirements, and standard conditions for existing potable water
treatment facilities that discharge wastewater associated with common
water treatment processes (e.g., clarification, granular media
filtration, microfiltration, etc.). The Draft PWTF GP is available on
EPA Region 1's website at <a href="https://www.epa.gov/npdes-permits/potable-water-treatment-facility-general-permit-pwtf-gp-massachusetts-new-hampshire">https://www.epa.gov/npdes-permits/potable-water-treatment-facility-general-permit-pwtf-gp-massachusetts-new-hampshire</a>. The Fact Sheet for the Draft PWTF GP sets forth principal
facts and the significant factual, legal, methodological, and policy
questions considered in the development of the Draft Permit and is also
available at this website.
DATES: The public comment period will be open until April 24, 2023. See
EPA's web page for the applicable dates, <a href="https://www.epa.gov/npdes-permits/potable-water-treatment-facility-general-permit-pwtf-gp-massachusetts-new-hampshire">https://www.epa.gov/npdes-permits/potable-water-treatment-facility-general-permit-pwtf-gp-massachusetts-new-hampshire</a>.
ADDRESSES: Written comments on the Draft PWTF GP may be sent via email
to: <a href="/cdn-cgi/l/email-protection#d99ab1b0bcb7f797b8adb1b8b799bca9b8f7beb6af"><span class="__cf_email__" data-cfemail="1c5f7475797232527d68747d725c796c7d327b736a">[email protected]</span></a>. If requesting to submit comments in hard copy
form, please reach out to the EPA contact above.
FOR FURTHER INFORMATION CONTACT: The administrative record and
additional information concerning the Draft PWTF GP may be obtained
from Nathan Chien via telephone: 617-918-1649 or email
<a href="/cdn-cgi/l/email-protection#783b10111d165636190c101916381d0819561f170e"><span class="__cf_email__" data-cfemail="c380abaaa6aded8da2b7aba2ad83a6b3a2eda4acb5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Public Comment Information: Interested persons may submit written
comments on the Draft PWTF GP to EPA Region 1 at the address listed
above. In reaching a final decision on this Draft 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 PWTF GP 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
PWTF GP 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 II 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 appendix K of the Draft PWTF GP 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 PWTFs eligible for coverage under the Draft PWTF GP.
Concurrently with the public notice of the Draft PWTF GP, EPA plans to
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 PWTF GP. In this document, EPA has made a
preliminary determination that the proposed issuance of the Draft PWTF
GP 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 plans to request 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 PWTF GP. In this document, EPA has made a
preliminary determination that the proposed issuance of the Draft PWTF
GP 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 PWTF GP 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). In the Fact Sheet accompanying the Draft
PWTF GP, 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 PWTF GP 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 PWTF GP. EPA is requesting that facilities
certify, prior to obtaining coverage, that there are either no historic
properties present or that their discharge and related activities do
not have the potential to impact historic properties.
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.
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 Draft
PWTF GP is consistent with the MA CZMP.
There are no eligible facilities that discharge to New Hampshire's
coastal zone. Therefore, additional CZMA federal consistency review by
the New
[[Page 10510]]
Hampshire Coastal Program 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. 2023-03033 Filed 2-17-23; 8:45 am]
BILLING CODE 6560-50-P
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