Notice of Availability of Draft NPDES New Hampshire Medium Wastewater Treatment Facility General Permit
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Issuing agencies
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) New Hampshire Medium Wastewater Treatment Facility General Permit (NH Medium WWTF GP) for discharges to certain Class B waters of the State of New Hampshire. This Draft NPDES NH Medium WWTF GP ("Draft General Permit") establishes effluent limitations and requirements, effluent and ambient monitoring requirements, reporting requirements, and standard conditions for 21 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-new-hampshire-medium- wastewater-treatment-facility-general-permit. 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 89 Issue 219 (Wednesday, November 13, 2024)</title>
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[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89637-89638]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26247]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL 11979-01-R1]
Notice of Availability of Draft NPDES New Hampshire Medium
Wastewater Treatment Facility General Permit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Availability of Draft NPDES General Permit NHG590000.
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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) New Hampshire Medium Wastewater Treatment Facility
General Permit (NH Medium WWTF GP) for discharges to certain Class B
waters of the State of New Hampshire. This Draft NPDES NH Medium WWTF
GP (``Draft General Permit'') establishes effluent limitations and
requirements, effluent and ambient monitoring requirements, reporting
requirements, and standard conditions for 21 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-new-hampshire-medium-wastewater-treatment-facility-general-permit">https://www.epa.gov/npdes-permits/region-1-draft-new-hampshire-medium-wastewater-treatment-facility-general-permit</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 January 13, 2025.
ADDRESSES: Written comments on the Draft General Permit may be mailed
to U.S. EPA Region 1, Water Division, Attn: Michael Cobb, 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#84c7ebe6e6aac9ede7ece5e1e8c4e1f4e5aae3ebf2"><span class="__cf_email__" data-cfemail="64270b06064a290d070c050108240114054a030b12">[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: Additional information concerning the
Draft General Permit may be obtained from Michael Cobb, U.S. EPA Region
1, Water Division, 5 Post Office Square, Suite 100, Mail Code 06-4,
Boston, MA 02109-3912; telephone: 617-918-1369; email:
<a href="/cdn-cgi/l/email-protection#8ac9e5e8e8a4c7e3e9e2ebefe6caeffaeba4ede5fc"><span class="__cf_email__" data-cfemail="32715d50501c7f5b515a53575e725742531c555d44">[email protected]</span></a>. Any 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
[[Page 89638]]
electronically 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 requirements outlined in
part I of this General Permit may submit a notice of intent (NOI) in
accordance with part III of this General Permit and 40 CFR
122.28(b)(2)(i) and (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 may affect, but is not likely to adversely affect
the shortnose sturgeon, Atlantic sturgeon, or designated Atlantic
sturgeon critical habitat (Gulf of Maine Unit 4: Piscataqua River), as
well as coastal protected sea turtles, whales, or designated North
Atlantic right whale critical habitat (Northeastern U.S Foraging Area
Unit 1). EPA will request that NOAA Fisheries review this submittal and
inform EPA whether it concurs with this preliminary finding.
EPA will also assess ESA threatened or endangered shore birds and
terrestrial species under the jurisdiction of USFWS and a preliminary
determination will be submitted to USFWS concurrently with the public
notice of the Draft General Permit where appropriate. EPA has concluded
that the NH Medium WWTF GP is consistent with activities analyzed in
the USFWS Service's Information for Planning and Consultation (IPaC)
standing analysis and Range-wide Northern Long-eared Bat Determination
Key for the endangered northern long-eared bat. EPA made a similar
determination regarding the proposed endangered tricolored 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, 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 of the
Draft General Permit, EPA will request that the New Hampshire Coastal
Program, NHCP, provide a consistency concurrence that the proposed
Draft General Permit is consistent with the NH CZMPs.
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. 2024-26247 Filed 11-12-24; 8:45 am]
BILLING CODE 6560-50-P
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