Notice2024-27291
Notice of Availability of Draft National Pollutant Discharge Elimination System (NPDES) Massachusetts Small Municipal Separate Storm Sewer Systems General Permit
Primary source
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Published
November 22, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Regional Administrator, U.S. Environmental Protection Agency--Region 1 (EPA), is providing a Notice of Availability for the Draft National Pollutant Discharge Elimination System (NPDES) Massachusetts Small Municipal Separate Storm Sewer System General Permit (MA MS4 GP) for discharges to certain waters of the Commonwealth of Massachusetts. This Draft NPDES MA MS4 GP ("Draft GP") establishes Notice of Intent (NOI) requirements, permit eligibility requirements, and conditions and practices for the management of stormwater discharges from small MS4s. The Draft GP is available on EPA Region 1's website at https://www.epa.gov/npdes-permits/massachusetts-small-ms4- general-permit and at www.regulations.gov, Docket No. EPA-R01-OW-2024- 0493. The Fact Sheet for the Draft GP sets forth principal facts and the significant technical and legal issues considered in the development of the Draft General Permit and is also available at this website.
Full Text
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[Federal Register Volume 89, Number 226 (Friday, November 22, 2024)]
[Notices]
[Pages 92683-92684]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27291]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R01-OW-2024-0493; FRL-12409-01-R1]
Notice of Availability of Draft National Pollutant Discharge
Elimination System (NPDES) Massachusetts Small Municipal Separate Storm
Sewer Systems General Permit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability of Draft NPDES General Permit.
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SUMMARY: The Regional Administrator, U.S. Environmental Protection
Agency--Region 1 (EPA), is providing a Notice of Availability for the
Draft National Pollutant Discharge Elimination System (NPDES)
Massachusetts Small Municipal Separate Storm Sewer System General
Permit (MA MS4 GP) for discharges to certain waters of the Commonwealth
of Massachusetts. This Draft NPDES MA MS4 GP (``Draft GP'') establishes
Notice of Intent (NOI) requirements, permit eligibility requirements,
and conditions and practices for the management of stormwater
discharges from small MS4s. The Draft GP is available on EPA Region 1's
website at <a href="https://www.epa.gov/npdes-permits/massachusetts-small-ms4-general-permit">https://www.epa.gov/npdes-permits/massachusetts-small-ms4-general-permit</a> and at <a href="http://www.regulations.gov">www.regulations.gov</a>, Docket No. EPA-R01-OW-2024-
0493. The Fact Sheet for the Draft GP sets forth principal facts and
the significant technical and legal issues considered in the
development of the Draft General Permit and is also available at this
website.
DATES: Comments must be received on or before February 20, 2025.
The public comment process and the public hearing will be conducted
in accordance with 40 CFR part 124, EPA's Procedures for Decision
making. All persons, including applicants, must raise all reasonably
ascertainable issues and submit all reasonably available arguments
supporting their positions on the Draft GP by the close of the public
comment period, either by submitting written comments as listed in the
ADDRESSES section of this Federal Register, or by submitting written or
oral comments at the public hearing.
EPA will hold a virtual public hearing in accordance with 40 CFR
124.12 and will provide interested parties with the opportunity to
provide written and/or oral comments for the official draft permit
record. The virtual public hearing will be held Tuesday, January 28,
2025 at 6:30 p.m. EPA will begin pre-registering speakers for the
hearing upon publication of this document in the Federal Register. To
register to speak at the virtual hearing, please use the online
registration form available at: <a href="https://www.epa.gov/npdes-permits/massachusetts-small-ms4-general-permit">https://www.epa.gov/npdes-permits/massachusetts-small-ms4-general-permit</a>. On January 27, 2025, EPA will
post a general agenda for the hearing that will list pre-registered
speakers in approximate order at: <a href="https://www.epa.gov/npdes-permits/massachusetts-small-ms4-general-permit">https://www.epa.gov/npdes-permits/massachusetts-small-ms4-general-permit</a>.
In reaching a final decision on this Draft GP, EPA 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
electronically by the close of the public comment period.
ADDRESSES: Written comments on the Draft GP, identified by Docket ID
No. EPA-R01-OW-2024-0493, may be submitted via the Federal eRulemaking
Portal at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> (enter Docket ID No. into search
bar).
In the event that interested parties cannot access the Portal,
comments may be emailed to Danielle Gaito at <a href="/cdn-cgi/l/email-protection#5c3b3d35283372383d3235393030391c392c3d723b332a"><span class="__cf_email__" data-cfemail="accbcdc5d8c382c8cdc2c5c9c0c0c9ecc9dccd82cbc3da">[email protected]</span></a> or
provided via mail to: U.S. EPA Region 1, Water Division, Attn: Danielle
Gaito, 5 Post Office Square, Suite 100, Mail Code 06-4, Boston,
Massachusetts 02109-3912. If comments are submitted in hard copy form,
please also email a copy to the EPA contact above.
FOR FURTHER INFORMATION CONTACT: Additional information may be obtained
from: Danielle Gaito, U.S. EPA Region 1, Water Division, Stormwater
Permit Section at <a href="/cdn-cgi/l/email-protection#c0a7a1a9b4afeea4a1aea9a5acaca580a5b0a1eea7afb6"><span class="__cf_email__" data-cfemail="cea9afa7baa1e0aaafa0a7aba2a2ab8eabbeafe0a9a1b8">[email protected]</span></a> or (617) 918-1297. The
Administrative Record, including the Draft GP and Fact Sheet, are on
file and may be inspected between 9 a.m. and 5 p.m. Monday through
Friday, excluding legal holidays, at 5 Post Office Square, Boston, MA.
Requests to view the Administrative Record can made to the EPA contact
above.
SUPPLEMENTARY INFORMATION: EPA is proposing to reissue three draft
NPDES general permits for the discharge of stormwater from small MS4s
to certain waters within the commonwealth of Massachusetts. The three
permits are:
MAR041000--Traditional cities and towns
MAR042000--Non-traditional state, federal, county and other publicly
owned systems
MAR043000--Non-traditional transportation systems
For convenience, EPA grouped these three distinct permits together
in a single document (referred to as the draft ``permit'' in singular)
and have provided
[[Page 92684]]
a single fact sheet for all three. The Draft GP, appendices, and fact
sheet are available at: <a href="https://www.epa.gov/npdes-permits/massachusetts-small-ms4-general-permit">https://www.epa.gov/npdes-permits/massachusetts-small-ms4-general-permit</a>.
The conditions in the Draft GP are established pursuant to Clean
Water Act (CWA) section 402(p)(3)(B)(iii) to ensure that pollutant
discharges from small MS4s are reduced to the Maximum Extent
Practicable (MEP), protect water quality, and satisfy the appropriate
requirements of the CWA. The Draft GP applies to small municipal
separate storm sewer systems in Massachusetts as defined in the
regulations at 40 CFR 122.26(b)(16). When final, the Draft GP will
replace the Final Massachusetts MS4 GP issued on April 4, 2016 and
modified on December 7, 2020. This Draft GP carries forward and builds
on the requirements of EPA's previous MA small MS4 general permits.
The non-numeric conditions and limits for stormwater discharges
authorized under the Draft GP are in the form of best management
practices (BMPs). The regulations at 40 CFR 122.44(k)(2) provide that
permits may include BMPs to control or abate the discharge of
pollutants when authorized under section 402(p) of the CWA for control
of stormwater discharges. Due to the variability associated with
stormwater, EPA believes the use of BMPs is currently the most
appropriate method to regulate discharges of stormwater from municipal
systems.
The Draft GP establishes requirements for small MS4s to ``reduce
the discharge of pollutants to the maximum extent practicable (MEP),
including management practices, control techniques, and system, design
and engineering methods'' Section 402(p)(3)(B)(iii) of the CWA. The
Draft GP requires small MS4s to update and continue to implement a
comprehensive stormwater management program (SWMP) to reduce the
discharge of pollutants. Part 2.3 of the Draft GP requires small MS4s
to implement a SWMP that includes the following minimum control
measures: public education and outreach; public participation; illicit
discharge detection and elimination; construction stormwater
management; stormwater management in new development and redevelopment;
and good housekeeping in municipal operations. EPA views the MEP
standard in the CWA as an iterative process and, as such, requirements
should continually adapt to current conditions and BMP effectiveness.
Accordingly, the Draft GP advances the MEP requirements of the 2016 MA
MS4 Permit, particularly with respect to implementation of green
infrastructure and low impact design elements.
Section 402(p)(3)(B)(iii) of CWA authorizes EPA to include in an
MS4 permit ``such other provisions as [EPA] determine[s] appropriate
for control of . . . pollutants.'' Parts 2.1 and 2.2 of the Draft GP
carry forward water quality-based effluent limitations from the 2016 MA
MS4 Permit to ensure that discharges do not cause or contribute to
exceedances of water quality standards. The provisions, expressed in
the form of additional control measures beyond the minimum control
measures in the Part 2.3 of the Draft GP, apply specifically to
stormwater discharges to impaired waterbodies with and without an EPA-
approved total maximum daily load (TMDL). The Draft GP extends these
requirements to additional waterbodies for which EPA approved a TMDL or
Alternative Restoration Plan since the issuance of the 2016 MA MS4
Permit.
Other Legal Requirements: Endangered Species Act (ESA): The Draft
GP does not authorize stormwater discharges which adversely affect any
species listed as threatened or endangered under the ESA or which
result in the adverse modification or destruction of designated
critical habitat. EPA has updated the provisions related to the ESA.
Concurrently with the public notice of the Draft GP, EPA is requesting
concurrence with the National Oceanic and Atmospheric Administration,
National Marine Fisheries Service (NOAA Fisheries) and the United
States Fish and Wildlife Service with EPA's preliminary finding based
on the results of EPA's assessment of the potential effects to
endangered and threatened species and their critical habitats as a
result of the issuance of the Draft MS4 GP.
Essential Fish Habitat (EFH): In accordance with the 1996
Amendments (Pub. L. 104-267) to the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq. (1998)), the
Draft GP does not authorize stormwater discharges whose direct or
indirect impacts do not prevent or minimize adverse effects on any EFH.
EPA determined that the permit action will not adversely affect the EFH
of designated species. 16 U.S.C. 1855(b). Additional mitigation is not
warranted under section 305(b)(2) of the Magnuson-Stevens Act. EPA is
providing this determination to NOAA Fisheries for their review
concurrent with the public notice of the Draft GP.
National Historic Preservation Act (NHPA): The Draft GP does not
authorize stormwater discharges which adversely affect properties
listed or eligible for listing in the National Registry of Historic
Places under the NHPA. Concurrently with the public notice of the Draft
GP, EPA will initiate consultation under the NHPA related to the
stormwater management activities under the Draft GP.
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 GP, EPA is requesting concurrence from the Massachusetts Coastal
Program (MassCZM) with EPA's Federal consistency review.
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. 2024-27291 Filed 11-21-24; 8:45 am]
BILLING CODE 6560-50-P
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