Notice of Availability of Draft National Pollutant Discharge Elimination System (NPDES) General Permits for Small Municipal Separate Storm Sewer Systems (MS4), 5788-5790 [2010-2399]
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restricted by statute. For further
information about the electronic docket,
go to https://www.regulations.gov.
Title: NESHAP for Primary
Magnesium Refining (Renewal).
ICR Numbers: EPA ICR Number
2098.05, OMB Control Number 2060–
0536.
ICR Status: This ICR is scheduled to
expire on March 31, 2010. Under OMB
regulations, the Agency may continue to
conduct or sponsor the collection of
information while this submission is
pending at OMB. An Agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
The OMB control numbers for EPA’s
regulations in title 40 of the CFR, after
appearing in the Federal Register when
approved, are listed in 40 CFR part 9,
and displayed either by publication in
the Federal Register or by other
appropriate means, such as on the
related collection instrument or form, if
applicable. The display of OMB control
numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
Abstract: The affected entities are
subject to the General Provisions of the
NESHAP at 40 CFR part 63, subpart A,
and any changes, or additions to the
Provisions specified at 40 CFR part 63,
subpart TTTTT.
Owners or operators of the affected
facilities must submit a one-time-only
report of any physical or operational
changes, initial performance tests, and
periodic reports and results. Owners or
operators are also required to maintain
records of the occurrence and duration
of any startup, shutdown, or
malfunction in the operation of an
affected facility, or any period during
which the monitoring system is
inoperative. Reports, at a minimum, are
required semiannually.
Burden Statement: The annual public
reporting and recordkeeping burden for
this collection of information is
estimated to average 153 hours per
response. Burden means the total time,
effort, or financial resources expended
by persons to generate, maintain, retain,
or disclose or provide information to or
for a Federal agency. This includes the
time needed to review instructions;
develop, acquire, install, and utilize
technology and systems for the purposes
of collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements which have subsequently
changed; train personnel to be able to
respond to a collection of information;
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search data sources; complete and
review the collection of information;
and transmit or otherwise disclose the
information.
Respondents/Affected Entities:
Primary magnesium refining facilities.
Estimated Number of Respondents: 1.
Frequency of Response: Initially,
occasionally, and semiannually.
Estimated Total Annual Hour Burden:
611.
Estimated Total Annual Cost:
$52,991, which is comprised of labor
costs of $51,791, no annualized capital/
startup costs, and operation and
maintenance (O&M) costs of $1,200.
Changes in the Estimates: The
changes in burden from the most
recently approved ICR are due to an
adjustment. Calculation errors in the
previous ICR were corrected, resulting
in a small decrease to the calculated
respondent burden hours and cost and
an increase to the calculated Agency
burden hours and cost.
Dated: January 29, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010–2387 Filed 2–3–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9109–2]
Notice of Availability of Draft National
Pollutant Discharge Elimination
System (NPDES) General Permits for
Small Municipal Separate Storm Sewer
Systems (MS4)
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of availability of draft
NPDES general permits.
SUMMARY: The Director of the Office of
Ecosystem Protection, Environmental
Protection Agency-Region 1 (EPA), is
issuing this Notice of Availability of
Draft NPDES general permits for
discharges from small MS4s to certain
waters of the Commonwealth of
Massachusetts. These draft NPDES
general permits establish Notice of
Intent (NOI) requirements, prohibitions,
and management practices for
stormwater discharges from small MS4s.
EPA is proposing to issue three general
permits. Throughout this document the
terms ‘‘this permit’’ and ‘‘the permit’’ will
refer to all three general permits.
Owner and/or operators of small
MS4s that discharge stormwater will be
required to submit a NOI to EPA–Region
1 to be covered by the general permit.
Following a review and public notice of
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the NOI, MS4s will receive a written
notification from EPA regarding permit
coverage and authorization to discharge
under the general permit. The eligibility
requirements are discussed in the draft
permit. The small MS4 must meet the
eligibility requirements of the permit
prior to the submission of the NOI.
The draft general permit, appendices,
and fact sheet are available at: https://
www.epa.gov/region1/npdes/stormwater
DATES: The public comment period is
from the February 4, 2010 to March 31,
2010. Interested persons may submit
comments on the draft general permit as
part of the administrative record to the
EPA–Region 1, at the address given
below, no later than midnight March 31,
2010. The general permit shall be
effective on the date specified in the
Federal Register publication of the
Notice of Availability of the final
general permit. The final general permit
will expire five years from the effective
date.
ADDRESSES: Submit comments by one of
the following methods:
• E-mail: Murphy.thelma@epa.gov.
• Mail: Thelma Murphy, U.S. EPA—
Region 1, 5 Post Office Square—Suite
100, Mail Code—OEP06–4, Boston, MA
02109–3912.
No facsimiles (faxes) will be accepted.
The draft permit is based on an
administrative record available for
public review at EPA–Region 1, Office
of Ecosystem Protection, 5 Post Office
Square—Suite 100, Boston,
Massachusetts 02109–3912. The
following SUPPLEMENTARY INFORMATION
section sets forth principal facts and the
significant factual, legal, and policy
questions considered in the
development of the draft permit. A
reasonable fee may be charged for
copying requests.
Public Meeting Information: EPA—
Region 1 will hold a public meeting to
provide information about the draft
general permit and its requirements.
The public meeting will include a brief
presentation on the draft general
permits and a brief question and answer
session. Written, but not oral, comments
for the official draft permit record will
be accepted at the public meeting. The
public meeting will be held at the
following time and location: Thursday—
March 18, 2010, Thomas P. O’Neil, Jr.
Federal Building, 10 Causeway Street—
Auditorium First Floor, Boston, MA
02222, 9 a.m.–10 a.m.
Public Hearing Information:
Following the public meeting, a public
hearing will be conducted in accordance
with 40 CFR 124.12 and will provide
interested parties with the opportunity
to provide written and/or oral
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comments for the official draft permit
record. The public hearing will be held
at the following time and location:
Thursday—March 18, 2010, Thomas P.
O’Neil, Jr. Federal Building, 10
Causeway Street—Auditorium First
Floor, Boston, MA 02222, 10:15 a.m.
FOR FURTHER INFORMATION CONTACT:
Additional information concerning the
draft permit may be obtained between
the hours of 9 a.m. and 5 p.m. Monday
through Friday excluding holidays from:
Thelma Murphy, Office of Ecosystem
Protection, Environmental Protection
Agency, 5 Post Office Square—Suite
100, Boston, MA 02109–3912;
telephone: 617–918–1615; email:
Murphy.thelma@epa.gov.
SUPPLEMENTARY INFORMATION:
srobinson on DSKHWCL6B1PROD with NOTICES
Background of Proposed Permit
As stated previously, the Director of
the Office of Ecosystem Protection,
EPA—Region 1, is proposing to reissue
three NPDES general permits for the
discharge of stormwater from small
MS4s to certain waters within the
Commonwealth of Massachusetts. The
three permits are:
MAR041A00—Traditional cities and
towns.
MAR042A00—Non-traditional state/
federal owned systems.
MAR043A00—Non-traditional
transportation systems.
The conditions in the draft permit are
established pursuant to Clean Water Act
(CWA) section 402(p)(3)(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
regulations at 40 CFR 122.26(b)(16)
define a small municipal separate storm
sewer system as ‘‘* * * all separate
storm sewers that are:
(1) Owned or operated by the United
States, a State, city, town, borough,
county, parish, district, association, or
other public body (created by or
pursuant to State law) having
jurisdiction over disposal of sewage,
industrial wastes, stormwater, or other
wastes, including special districts under
State law such as a sewer district, flood
control district or drainage district, or
similar entity, or an Indian tribe or an
authorized Indian tribal organization, or
a designated and approved management
agency under section 208 of the CWA
that discharges to waters of the United
States.
(2) Not defined as ‘large’ or ‘medium’
municipal separate storm sewer systems
pursuant to paragraphs (b)(4) or (b)(7) or
designated under paragraph (a)(1)(v) of
this section [40 CFR 122.26].
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(3) This term includes systems similar
to separate storm sewer systems in
municipalities such as systems at
military bases, large hospital or prison
complexes, and highways or other
thoroughfares. The term does not
include separate storm sewers in very
discrete areas, such as individual
buildings.’’
For example, an armory located in an
urbanized area would not be considered
a regulated small MS4.
The draft general permit sets forth the
requirements for the small MS4 to
‘‘reduce the discharge of pollutants to
the maximum extent practicable,
including management practices,
control techniques, and system, design
and engineering methods * * *’’(See
section 402(p)(3)(B)(iii) of the CWA).
MEP is the statutory standard that
establishes the level of pollutant
reductions that MS4 operators must
achieve. EPA believes implementation
of best management practices (BMPs)
designed to control storm water runoff
from the MS4 is generally the most
appropriate approach for reducing
pollutants to satisfy the MEP standard.
Pursuant to 40 CFR 122.44(k), the draft
permit contains BMPs, including
development and implementation of a
comprehensive stormwater management
program (SWMP) as the mechanism to
achieve the required pollutant
reductions.
Section 402(p)(3)(B)(iii) of CWA also
authorizes EPA to include in an MS4
permit ‘‘such other provisions as [EPA]
determine appropriate for control of
* * * pollutants.’’ EPA believes that
this provision forms a basis for
imposing water quality-based effluent
limitations (WQBELs), consistent with
the authority in Section 301(b)(1)(C) of
the CWA. See Defenders of Wildlife v.
Browner. 191 F.3d 1159 (9th Cir. 1999):
see also EPA’s preamble to the Phase II
regulations, 64 FR 68722, 68753, 68788
(Dec 8, 1999). Accordingly, the draft
permits contain the water quality-based
effluent limitations, expressed in terms
of BMPs, which EPA has determined are
necessary and appropriate under the
CWA.
EPA—Region 1 issued a final general
permit to address stormwater discharges
from small MS4s on May 1, 2003. The
2003 general permit required small
MS4s to develop and implement a
SWMP designed to control pollutants to
the maximum extent practicable and
protect water quality. This draft permit
builds on the requirements of the
previous general permit.
EPA views the MEP standard in the
CWA as an iterative process. MEP
should continually adapt to current
conditions and BMP effectiveness. EPA
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5789
believes that compliance with the
requirements of this general permit will
meet the MEP standard. The iterative
process of MEP consists of a
municipality developing a program
consistent with specific permit
requirements, implementing the
program, evaluating the effectiveness of
the BMPs included as part of the
program, then revising those parts of the
program that are not effective at
controlling pollutants, then
implementing the revisions, and
evaluating again. The changes contained
in the draft general permits reflect the
iterative process of MEP. Accordingly,
the draft general permits contain more
specific tasks and details than the 2003
general permit.
Summary of Permit Conditions
Obtaining Authorization
In order for a small MS4 to obtain
authorization to discharge, it must
submit a complete and accurate NOI
containing the information in Appendix
F of the draft general permit. The NOI
must be submitted within 90 days of the
effective date of the final permit. The
effective date of the final permit will be
specified in the Federal Register
publication of the Notice of Availability
of the final permit. A small MS4 must
meet the eligibility requirements of the
general permit found in Part 1.2 and
Part 1.9 prior to submission of its NOI.
A small MS4 will be authorized to
discharge under the permit upon the
effective date of coverage. The effective
date of coverage is upon receipt of
written notice from EPA following a
public notice of the NOI.
The draft general permit provides
interim coverage for permittees covered
by the previous permit and whose
coverage was effective upon the
expiration date of that permit (May 1,
2008). For those discharges covered by
the previous permit, authorization
under the previous permit is continued
automatically on an interim basis for up
to 180 days from the effective date of the
final permit. Interim coverage will
terminate earlier than the 180 days
when a complete and accurate NOI has
been submitted by the small MS4 and
coverage is either granted or denied. If
a permittee was covered under the
previous permit and submitted a
complete and accurate NOI in a timely
manner, and notification of
authorization under the final permit has
not occurred within 180 days of the
effective date of the final permit, the
permittee’s authorization under the
previous permit can be continued
beyond 180 days on an interim basis.
Interim coverage will terminate after
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authorization under this general permit,
an alternative permit, or denial of
permit coverage.
EPA—Region 1 will provide an
opportunity for the public to comment
on each NOI that is submitted.
Following the public notice, EPA—
Region 1 will either authorize the
discharge, request additional
information, or require the small MS4 to
apply for an alternative permit or an
individual permit.
srobinson on DSKHWCL6B1PROD with NOTICES
Water Quality-Based Effluent
Limitations
The draft permit includes provisions
to ensure that discharges do not cause
or contribute to exceedances of water
quality standards. The provisions in
Parts 2.1, 2.2, and 2.3 of the general
permit constitute the water qualitybased effluent limitations of the permit.
The purpose of this part of the permit
is to establish the board inclusion of
water quality-based effluent limitations
for those discharges requiring additional
controls in order to achieve water
quality standards and other water
quality related objectives, consistent
with 40 CFR 122.44(d). The nonnumeric effluent limitation
requirements of this permit are
expressed in the form of control
measures and BMPs (see Part 2.4 of the
general permit).
Non-Numeric Effluent Limitations
When EPA has not promulgated
effluent limitations for a category of
discharges, or if an operator is
discharging a pollutant not covered by
an effluent limitation guideline, effluent
limitations may be based on the best
professional judgment (BPJ) of the
agency or permit writer. The BPJ limits
in the general permit are in the form of
non-numeric control measures,
commonly referred to as best
management practices (BMPs). Nonnumeric limits are employed under
limited circumstances, as described in
40 CFR 122.44(k). EPA has interpreted
the CWA to allow BMPs to take the
place of numeric effluent limitations
under certain circumstances. 40 CFR
122.44(k) provides that permits may
include BMPs to control or abate the
discharge of pollutants when: ‘‘(1)
[a]uthorized under section 304(e) of the
CWA for the control of toxic pollutants
and hazardous substances form
ancillary industrial activities; (2)
[a]uthorized under section 402(p) of the
CWA for the control of stormwater
discharges; (3) [n]umeric effluent
limitations are infeasible; or (4) [t]he
practices are reasonable to achieve
effluent limitations and standards or to
carry out the purposes and intent of the
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17:31 Feb 03, 2010
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CWA.’’ The permit regulates stormwater
discharges using BMPs. Due to the
variability associated with stormwater,
EPA believes the use of BMPs is the
most appropriate method to regulate
discharges of stormwater from
municipal systems in accordance with
the above referenced regulation.
The draft permit requires small MS4s
to continue to control stormwater
discharges from the municipal system in
a manner designed to reduce the
discharge of pollutant to the maximum
extent practicable and to protect water
quality. The small MS4s are required to
implement a SWMP consisting of
control measures. These control
measures include the following: 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.
Implementation of the SWMP involves
the identification of BMPs and
measurable goals for BMPs. The draft
permit identifies an objective for each
control measure. The small MS4 must
implement the control measures
required by the general permit and
document actions in the SWMP that
demonstrate progress toward
achievement of the objective of the
control measure. The permit also
contains outfall monitoring
requirements that are associated with
implementation of the illicit discharge
detection and elimination program,
recordkeeping and reporting.
Time. The meeting is open to the public.
For further information regarding the
teleconference and background
materials, please contact Dolores
Wesson at the number listed below.
Background: GNEB is a Federal
advisory committee chartered under the
Federal Advisory Committee Act, PL
92463. GNEB provides advice and
recommendations to the President and
Congress on environmental and
infrastructure issues along the U.S.
border with Mexico.
Purpose of Meeting: The purpose of
this teleconference is to continue
discussion on the Good Neighbor
Environmental Board’s Thirteenth
Report.
Dated: January 25, 2010.
H. Curtis Spalding,
Regional Administrator, Region 1.
[FR Doc. 2010–2384 Filed 2–3–10; 8:45 am]
[FR Doc. 2010–2399 Filed 2–3–10; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
If you
wish to make oral comments or submit
written comments to the Board, please
contact Dolores Wesson at least five
days prior to the meeting.
General Information: Additional
information concerning the GNEB can
be found on its Web site at https://
www.epa.gov/ocem/gneb.
Meeting Access: For information on
access or services for individuals with
disabilities, please contact Dolores
Wesson at (202) 564–1351 or e-mail at
wesson.dolores@epa.gov. To request
accommodation of a disability, please
contact Dolores Wesson at least 10 days
prior to the meeting to give EPA as
much time as possible to process your
request.
SUPPLEMENTARY INFORMATION:
Dated: January 29, 2010.
Dolores Wesson,
Designated Federal Officer.
BILLING CODE 6560–50–P
BILLING CODE 6560–50–P
[EPA–HQ–OPP–2009–0045; FRL–8807–5]
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9110–5]
Good Neighbor Environmental Board;
Notification of Public Advisory
Committee Teleconference
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notification of Public Advisory
Committee Teleconference.
SUMMARY: Pursuant to the Federal
Advisory Committee Act, Public Law
92–463, notice is hereby given that the
Good Neighbor Environmental Board
(GNEB) will hold a public
teleconference on February 25, 2010
from 1 p.m. to 3 p.m. Eastern Standard
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Notice of Receipt of Several Pesticide
Petitions Filed for Residues of
Pesticide Chemicals in or on Various
Commodities
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: This notice announces the
Agency’s receipt of several initial filings
of pesticide petitions proposing the
establishment or modification of
regulations for residues of pesticide
chemicals in or on various commodities.
DATES: Comments must be received on
or before March 8, 2010.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
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Agencies
[Federal Register Volume 75, Number 23 (Thursday, February 4, 2010)]
[Notices]
[Pages 5788-5790]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2399]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9109-2]
Notice of Availability of Draft National Pollutant Discharge
Elimination System (NPDES) General Permits for Small Municipal Separate
Storm Sewer Systems (MS4)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability of draft NPDES general permits.
-----------------------------------------------------------------------
SUMMARY: The Director of the Office of Ecosystem Protection,
Environmental Protection Agency-Region 1 (EPA), is issuing this Notice
of Availability of Draft NPDES general permits for discharges from
small MS4s to certain waters of the Commonwealth of Massachusetts.
These draft NPDES general permits establish Notice of Intent (NOI)
requirements, prohibitions, and management practices for stormwater
discharges from small MS4s. EPA is proposing to issue three general
permits. Throughout this document the terms ``this permit'' and ``the
permit'' will refer to all three general permits.
Owner and/or operators of small MS4s that discharge stormwater will
be required to submit a NOI to EPA-Region 1 to be covered by the
general permit. Following a review and public notice of the NOI, MS4s
will receive a written notification from EPA regarding permit coverage
and authorization to discharge under the general permit. The
eligibility requirements are discussed in the draft permit. The small
MS4 must meet the eligibility requirements of the permit prior to the
submission of the NOI.
The draft general permit, appendices, and fact sheet are available
at: https://www.epa.gov/region1/npdes/stormwater
DATES: The public comment period is from the February 4, 2010 to March
31, 2010. Interested persons may submit comments on the draft general
permit as part of the administrative record to the EPA-Region 1, at the
address given below, no later than midnight March 31, 2010. The general
permit shall be effective on the date specified in the Federal Register
publication of the Notice of Availability of the final general permit.
The final general permit will expire five years from the effective
date.
ADDRESSES: Submit comments by one of the following methods:
E-mail: Murphy.thelma@epa.gov.
Mail: Thelma Murphy, U.S. EPA--Region 1, 5 Post Office
Square--Suite 100, Mail Code--OEP06-4, Boston, MA 02109-3912.
No facsimiles (faxes) will be accepted.
The draft permit is based on an administrative record available for
public review at EPA-Region 1, Office of Ecosystem Protection, 5 Post
Office Square--Suite 100, Boston, Massachusetts 02109-3912. The
following SUPPLEMENTARY INFORMATION section sets forth principal facts
and the significant factual, legal, and policy questions considered in
the development of the draft permit. A reasonable fee may be charged
for copying requests.
Public Meeting Information: EPA--Region 1 will hold a public
meeting to provide information about the draft general permit and its
requirements. The public meeting will include a brief presentation on
the draft general permits and a brief question and answer session.
Written, but not oral, comments for the official draft permit record
will be accepted at the public meeting. The public meeting will be held
at the following time and location: Thursday--March 18, 2010, Thomas P.
O'Neil, Jr. Federal Building, 10 Causeway Street--Auditorium First
Floor, Boston, MA 02222, 9 a.m.-10 a.m.
Public Hearing Information: Following the public meeting, a public
hearing will be conducted in accordance with 40 CFR 124.12 and will
provide interested parties with the opportunity to provide written and/
or oral
[[Page 5789]]
comments for the official draft permit record. The public hearing will
be held at the following time and location: Thursday--March 18, 2010,
Thomas P. O'Neil, Jr. Federal Building, 10 Causeway Street--Auditorium
First Floor, Boston, MA 02222, 10:15 a.m.
FOR FURTHER INFORMATION CONTACT: Additional information concerning the
draft permit may be obtained between the hours of 9 a.m. and 5 p.m.
Monday through Friday excluding holidays from: Thelma Murphy, Office of
Ecosystem Protection, Environmental Protection Agency, 5 Post Office
Square--Suite 100, Boston, MA 02109-3912; telephone: 617-918-1615;
email: Murphy.thelma@epa.gov.
SUPPLEMENTARY INFORMATION:
Background of Proposed Permit
As stated previously, the Director of the Office of Ecosystem
Protection, EPA--Region 1, is proposing to reissue three NPDES general
permits for the discharge of stormwater from small MS4s to certain
waters within the Commonwealth of Massachusetts. The three permits are:
MAR041A00--Traditional cities and towns.
MAR042A00--Non-traditional state/federal owned systems.
MAR043A00--Non-traditional transportation systems.
The conditions in the draft permit are established pursuant to
Clean Water Act (CWA) section 402(p)(3)(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 regulations at 40 CFR 122.26(b)(16) define
a small municipal separate storm sewer system as ``* * * all separate
storm sewers that are:
(1) Owned or operated by the United States, a State, city, town,
borough, county, parish, district, association, or other public body
(created by or pursuant to State law) having jurisdiction over disposal
of sewage, industrial wastes, stormwater, or other wastes, including
special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian
tribe or an authorized Indian tribal organization, or a designated and
approved management agency under section 208 of the CWA that discharges
to waters of the United States.
(2) Not defined as `large' or `medium' municipal separate storm
sewer systems pursuant to paragraphs (b)(4) or (b)(7) or designated
under paragraph (a)(1)(v) of this section [40 CFR 122.26].
(3) This term includes systems similar to separate storm sewer
systems in municipalities such as systems at military bases, large
hospital or prison complexes, and highways or other thoroughfares. The
term does not include separate storm sewers in very discrete areas,
such as individual buildings.''
For example, an armory located in an urbanized area would not be
considered a regulated small MS4.
The draft general permit sets forth the requirements for the small
MS4 to ``reduce the discharge of pollutants to the maximum extent
practicable, including management practices, control techniques, and
system, design and engineering methods * * *''(See section
402(p)(3)(B)(iii) of the CWA). MEP is the statutory standard that
establishes the level of pollutant reductions that MS4 operators must
achieve. EPA believes implementation of best management practices
(BMPs) designed to control storm water runoff from the MS4 is generally
the most appropriate approach for reducing pollutants to satisfy the
MEP standard. Pursuant to 40 CFR 122.44(k), the draft permit contains
BMPs, including development and implementation of a comprehensive
stormwater management program (SWMP) as the mechanism to achieve the
required pollutant reductions.
Section 402(p)(3)(B)(iii) of CWA also authorizes EPA to include in
an MS4 permit ``such other provisions as [EPA] determine appropriate
for control of * * * pollutants.'' EPA believes that this provision
forms a basis for imposing water quality-based effluent limitations
(WQBELs), consistent with the authority in Section 301(b)(1)(C) of the
CWA. See Defenders of Wildlife v. Browner. 191 F.3d 1159 (9th Cir.
1999): see also EPA's preamble to the Phase II regulations, 64 FR
68722, 68753, 68788 (Dec 8, 1999). Accordingly, the draft permits
contain the water quality-based effluent limitations, expressed in
terms of BMPs, which EPA has determined are necessary and appropriate
under the CWA.
EPA--Region 1 issued a final general permit to address stormwater
discharges from small MS4s on May 1, 2003. The 2003 general permit
required small MS4s to develop and implement a SWMP designed to control
pollutants to the maximum extent practicable and protect water quality.
This draft permit builds on the requirements of the previous general
permit.
EPA views the MEP standard in the CWA as an iterative process. MEP
should continually adapt to current conditions and BMP effectiveness.
EPA believes that compliance with the requirements of this general
permit will meet the MEP standard. The iterative process of MEP
consists of a municipality developing a program consistent with
specific permit requirements, implementing the program, evaluating the
effectiveness of the BMPs included as part of the program, then
revising those parts of the program that are not effective at
controlling pollutants, then implementing the revisions, and evaluating
again. The changes contained in the draft general permits reflect the
iterative process of MEP. Accordingly, the draft general permits
contain more specific tasks and details than the 2003 general permit.
Summary of Permit Conditions
Obtaining Authorization
In order for a small MS4 to obtain authorization to discharge, it
must submit a complete and accurate NOI containing the information in
Appendix F of the draft general permit. The NOI must be submitted
within 90 days of the effective date of the final permit. The effective
date of the final permit will be specified in the Federal Register
publication of the Notice of Availability of the final permit. A small
MS4 must meet the eligibility requirements of the general permit found
in Part 1.2 and Part 1.9 prior to submission of its NOI. A small MS4
will be authorized to discharge under the permit upon the effective
date of coverage. The effective date of coverage is upon receipt of
written notice from EPA following a public notice of the NOI.
The draft general permit provides interim coverage for permittees
covered by the previous permit and whose coverage was effective upon
the expiration date of that permit (May 1, 2008). For those discharges
covered by the previous permit, authorization under the previous permit
is continued automatically on an interim basis for up to 180 days from
the effective date of the final permit. Interim coverage will terminate
earlier than the 180 days when a complete and accurate NOI has been
submitted by the small MS4 and coverage is either granted or denied. If
a permittee was covered under the previous permit and submitted a
complete and accurate NOI in a timely manner, and notification of
authorization under the final permit has not occurred within 180 days
of the effective date of the final permit, the permittee's
authorization under the previous permit can be continued beyond 180
days on an interim basis. Interim coverage will terminate after
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authorization under this general permit, an alternative permit, or
denial of permit coverage.
EPA--Region 1 will provide an opportunity for the public to comment
on each NOI that is submitted. Following the public notice, EPA--Region
1 will either authorize the discharge, request additional information,
or require the small MS4 to apply for an alternative permit or an
individual permit.
Water Quality-Based Effluent Limitations
The draft permit includes provisions to ensure that discharges do
not cause or contribute to exceedances of water quality standards. The
provisions in Parts 2.1, 2.2, and 2.3 of the general permit constitute
the water quality-based effluent limitations of the permit. The purpose
of this part of the permit is to establish the board inclusion of water
quality-based effluent limitations for those discharges requiring
additional controls in order to achieve water quality standards and
other water quality related objectives, consistent with 40 CFR
122.44(d). The non-numeric effluent limitation requirements of this
permit are expressed in the form of control measures and BMPs (see Part
2.4 of the general permit).
Non-Numeric Effluent Limitations
When EPA has not promulgated effluent limitations for a category of
discharges, or if an operator is discharging a pollutant not covered by
an effluent limitation guideline, effluent limitations may be based on
the best professional judgment (BPJ) of the agency or permit writer.
The BPJ limits in the general permit are in the form of non-numeric
control measures, commonly referred to as best management practices
(BMPs). Non-numeric limits are employed under limited circumstances, as
described in 40 CFR 122.44(k). EPA has interpreted the CWA to allow
BMPs to take the place of numeric effluent limitations under certain
circumstances. 40 CFR 122.44(k) provides that permits may include BMPs
to control or abate the discharge of pollutants when: ``(1)
[a]uthorized under section 304(e) of the CWA for the control of toxic
pollutants and hazardous substances form ancillary industrial
activities; (2) [a]uthorized under section 402(p) of the CWA for the
control of stormwater discharges; (3) [n]umeric effluent limitations
are infeasible; or (4) [t]he practices are reasonable to achieve
effluent limitations and standards or to carry out the purposes and
intent of the CWA.'' The permit regulates stormwater discharges using
BMPs. Due to the variability associated with stormwater, EPA believes
the use of BMPs is the most appropriate method to regulate discharges
of stormwater from municipal systems in accordance with the above
referenced regulation.
The draft permit requires small MS4s to continue to control
stormwater discharges from the municipal system in a manner designed to
reduce the discharge of pollutant to the maximum extent practicable and
to protect water quality. The small MS4s are required to implement a
SWMP consisting of control measures. These control measures include the
following: 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. Implementation of the
SWMP involves the identification of BMPs and measurable goals for BMPs.
The draft permit identifies an objective for each control measure. The
small MS4 must implement the control measures required by the general
permit and document actions in the SWMP that demonstrate progress
toward achievement of the objective of the control measure. The permit
also contains outfall monitoring requirements that are associated with
implementation of the illicit discharge detection and elimination
program, recordkeeping and reporting.
Dated: January 25, 2010.
H. Curtis Spalding,
Regional Administrator, Region 1.
[FR Doc. 2010-2399 Filed 2-3-10; 8:45 am]
BILLING CODE 6560-50-P