Notice of Availability of Proposed Modifications to NPDES General Permits for Stormwater Discharges From Small Municipal Separate Storm Sewer Systems in Massachusetts and New Hampshire, 22735-22737 [2020-08645]
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Notices
announcing the availability of the final
scopes within six months of the
initiation of risk evaluations that
occurred on December 20, 2019 (Ref. 2).
IV. References
The following is a listing of the
documents that are specifically
referenced in this Federal Register
notice. The docket for this action
includes these documents and other
information considered by EPA,
including documents that are referenced
within the documents that are included
in the docket. For assistance in locating
these referenced documents, please
consult the technical person listed
under FOR FURTHER INFORMATION
CONTACT.
1. EPA. Draft Scopes of the Risk Evaluations
to be Conducted for Thirteen Chemical
Substances Under the Toxic Substances
Control Act; Notice of Availability.
Federal Register. 85 FRxx, April 9, 2020
(FRL–10007–11).
2. EPA. High-Priority Substance Designations
Under the Toxic Substances Control Act
and Initiation of Risk Evaluation on
High-Priority Substances; Availability.
Federal Register. 84 FR 71924, December
30, 2019 (FRL–10003–15).
Authority: 15 U.S.C. 2601 et seq.
Andrew Wheeler,
Administrator.
[FR Doc. 2020–08613 Filed 4–22–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R01–OW–2020–0216; FRL–10008–65–
Region 1]
Notice of Availability of Proposed
Modifications to NPDES General
Permits for Stormwater Discharges
From Small Municipal Separate Storm
Sewer Systems in Massachusetts and
New Hampshire
Environmental Protection
Agency (EPA).
ACTION: Notice of Availability of
Proposed Permit Modifications; Request
for Public Comment.
AGENCY:
The Environmental Protection
Agency (EPA) is providing this notice of
availability (NOA) for proposed limited
modifications to the final National
Pollutant Discharge Elimination System
(NPDES) general permits for discharges
of stormwater from small Municipal
Separate Storm Sewer Systems (MS4s)
in Massachusetts and New Hampshire
under the Clean Water Act (CWA). The
proposed modifications represent the
results of mediation supervised by the
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SUMMARY:
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U.S. Court of Appeals for the District of
Columbia Circuit Mediation Program
between EPA and petitioners the
National Association of Homebuilders
(NAHB), the Home Builders and
Remodelers Association of
Massachusetts, Inc. (HBRAMA), the
New Hampshire Home Builders
Association (NHHBA), the Center for
Regulatory Reasonableness (CRR), the
Massachusetts Coalition for Water
Resources Stewardship (MCWRS), the
Town of Franklin, Massachusetts
(Franklin), the City of Lowell,
Massachusetts (Lowell), the
Conservation Law Foundation (CLF),
and the Charles River Watershed
Association (CRWA). EPA and the
petitioners have entered into settlement
agreements that include commitments
for EPA to propose certain
modifications to the 2016 Massachusetts
Small MS4 General Permit and the 2017
New Hampshire Small MS4 General
Permit, and then to take final action on
each proposal.
DATES: Written comments on the
proposed permit modifications must be
received by June 8, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID number EPA–
R01–OW–2020–0216, online at
www.regulations.gov (EPA’s preferred
method). For comments submitted at
www.regulations.gov, follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA generally
will not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the persons identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Newton Tedder, Water Division, U.S.
Environmental Protection Agency,
Region 1, 5 Post Office Square, MC 06–
PO 00000
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22735
4 Boston, MA 02109; telephone number:
617–918–1038; email address:
tedder.newton@epa.gov; or
Suzanne Warner, Water Division, U.S.
Environmental Protection Agency,
Region 1, 5 Post Office Square, MC 06–
4, Boston, MA 02109; telephone
number: 617–918–1383; email address:
warner.suzanne@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the
Proposed Permit Modifications
On April 4, 2016, EPA issued a final
NPDES general permit for discharges of
stormwater from small MS4s in
Massachusetts (the MA MS4 Permit)
under CWA section 402(p). 33 U.S.C.
1342(p). On July 18, 2016, CRR filed a
petition for review of the permit in the
U.S. Court of Appeals for the D.C.
Circuit. CLF, CRWA, MCWRS, Franklin,
NAHB, HBRAMA, and the City of
Lowell also filed petitions for review of
the permit, all of which were
consolidated with CRR’s petition in the
D.C. Circuit. Center for Regulatory
Reasonableness, et al. v. EPA, No. 16–
1246 (DC Cir.) (2016 Massachusetts
Small MS4 General Permit consolidated
cases). On January 18, 2017, EPA issued
a final NPDES general permit for
discharges of stormwater from small
MS4s in New Hampshire (the NH MS4
Permit). On February 1, 2017, CLF filed
a petition for review of the permit in the
U.S. Court of Appeals for the First
Circuit. CRR, NAHB, and NHHBA later
filed petitions for review in the D.C.
Circuit. The First Circuit then
transferred the CLF petition to the D.C.
Circuit, where the D.C. Circuit
consolidated it with the CRR, NAHB,
and NHHBA petitions. Center for
Regulatory Reasonableness et. al v. EPA,
Conservation Law Foundation,
Intervenor No. 17–1060 (DC Cir.) (2017
New Hampshire Small MS4 General
Permit consolidated cases). The parties
to both cases entered into mediation in
2017, and the D.C. Circuit has held the
cases in abeyance. On December 27,
2019, EPA published three proposed
settlement agreements in the Federal
Register for a 30-day public comment
period. See ‘‘Proposed Settlement
Agreements, Clean Water Act Claims,’’
84 FR 71407 (Dec. 27, 2019). EPA’s
planned proposed permit modifications
to the Massachusetts and New
Hampshire permits and statements of
basis describing those proposed
modifications were attached as Exhibits
A and B to the Massachusetts and New
Hampshire proposed settlement
agreements. EPA and the petitioners
executed the settlement agreements on
April 15, 2020. The first two settlement
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agreements describe the modifications
that EPA is proposing to the MA MS4
Permit and NH MS4 Permit. Pursuant to
the settlement agreements, the proposed
permit modifications reflect the
substantive agreements that parties
reached during mediation. In the
settlement agreements, the petitioners
agree not to submit adverse public
comments on the Draft Permit
Modifications, except that the
Petitioners reserve their rights to submit
any form of comment on EPA’s
proposed modification to the NH MS4
permit Part 2.3.6.a, and the definitions
of ‘‘new development’’ and
‘‘redevelopment’’ in NH MS4 permit
Appendix A. The agreements specify
that EPA will take final action on each
proposed modification within nine
months of posting this NOA of the Draft
Permit Modifications; that petitioners
will then dismiss their current petitions
for review with prejudice; and that
petitioners agree not to challenge EPA’s
respective final actions if they modify
the permits in a manner substantially
similar to the proposed modifications
(with one exception, discussed in the
New Hampshire settlement agreement).
The third settlement agreement commits
Lowell, Massachusetts to voluntarily
dismiss its petition without prejudice
and commits EPA to process Lowell’s
individual permit application and then
to take final action on Lowell’s
individual permit application. Today’s
notice includes only the proposed MA
MS4 and NH MS4 proposed permit
modifications. EPA will propose an
individual permit for Lowell at a later
date.
EPA is reopening, reexamining, and
accepting comments on only the parts of
the MA MS4 and NH MS4 permits that
the proposed modifications specify. In
the MA MS4 permit, only the following
permit parts are open for modification
and comment: parts 2.0; 2.1; 2.1.1;
2.1.2.a; 2.2.; 2.2.2; 2.3.3; 2.3.5; 2.3.6;
2.3.7.a; 2.3.7.b; 4.1; 4.4; Appendix F part
A.I; Appendix F part A.II; Appendix F
Attachments 2 and 3; and Appendix H.
In the NH MS4 permit, only the
following permit parts are open for
modification and comment: 2.0; 2.1;
2.1.1; 2.1.2.a; 2.2.; 2.2.2 (paragraphs 2
and 3); 2.3.3.1; 2.3.5; 2.3.5.3; 2.3.6.a;
2.3.7.2.b.iii; 3.1.3; 4.1.4; 4.4.2.3;
Appendix A; Appendix F part III and
Attachment 3; and Appendix H.
EPA has emailed notifications of the
Draft Permit Modifications to regulated
parties, parties to this mediation, and
other interested parties on EPA Region
1’s NPDES permit mailing list. For a
period of forty-five (45) days following
the date of publication of this notice, the
Agency will accept written comments
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on the proposed permit modifications.
Pursuant to 40 CFR 124.12(a), EPA may
hold a public hearing during the
comment period for any interested
persons to submit oral comments. If
EPA determines there is sufficient
interest in a public hearing, EPA will
post the details of the public hearing at
EPA Region 1’s website and will notify
via email the petitioners, eligible
permittees, and any other party who
requests to be notified. EPA has
requested that Massachusetts and New
Hampshire provide a water quality
certification pursuant to Section 401 of
the Clean Water Act, 33 U.S.C. 1341.
After considering any significant public
comments on the permit sections that
are open for proposed modification,
EPA will take final action on the Draft
Permit Modifications within nine
months of the Agency’s posting of the
NOAs of the Draft Permit Modifications
on its website.
Commenters must raise all reasonably
ascertainable issues and submit all
reasonably available arguments
supporting their position by the close of
the public comment period. Any
supporting material which is submitted
shall be included in full and may not be
incorporated by reference, unless they
are already part of the administrative
record in this proceeding, or consist of
state or federal statutes and regulations,
EPA documents of general applicability,
or other generally available reference
materials.
II. Additional Information About
Commenting on the Proposed Permit
Modifications
A. How can I get a copy of the
proposed permit modifications? The
official public docket for this action,
EPA–R01–2020–0216, contains copies
of the proposed permit modifications
and statements of basis. These
documents are also posted on EPA
Region 1’s website at https://
www.epa.gov/npdes-permits/npdesstormwater-permit-program-newengland#smallms4program. The official
public docket is available for public
viewing at U.S. EPA Region 1, John W.
McCormack Building, 5 Post Office
Square, Boston, MA 02109. Please
contact the persons listed in FOR
FURTHER INFORMATION CONTACT.
An electronic version of the public
docket is available through
www.regulations.gov. You may use
www.regulations.gov to submit or view
public comments, access the index
listing of the contents of the official
public docket, and access those
documents in the public docket that are
available electronically. Once in the
system, key in the appropriate docket
PO 00000
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identification number then select
‘‘search.’’ It is important to note that
EPA’s policy is that public comments,
whether submitted electronically or in
paper, will be made available for public
viewing online at www.regulations.gov
without change, unless the comment
contains copyrighted material, CBI, or
other information whose disclosure is
restricted by statute. Information
claimed as CBI and other information
whose disclosure is restricted by statute
is not included in the official public
docket or in the electronic public
docket.
EPA’s policy is that copyrighted
material, including copyrighted material
contained in a public comment, will not
be placed in EPA’s electronic public
docket but will be available only in
printed, paper form in the official public
docket. Although not all docket
materials may be available
electronically, you may still access any
of the publicly available docket
materials through the EPA Docket
Center.
B. How and to whom do I submit
comments?
You may submit comments as
provided in the ADDRESSES section.
Please ensure that your comments are
submitted within the specified comment
period.
Use of the www.regulations.gov
website to submit comments to EPA
electronically is EPA’s preferred method
for receiving comments. The electronic
public docket system is an ‘‘anonymous
access’’ system, which means EPA will
not know your identity, email address,
or other contact information unless you
provide it in the body of your comment.
In contrast to EPA’s electronic public
docket, EPA’s electronic mail (email)
system is not an ‘‘anonymous access’’
system. If you send an email comment
directly to the Docket without going
through www.regulations.gov, your
email address is automatically captured
and included as part of the comment
that is placed in the official public
docket, and made available in EPA’s
electronic public docket.
If you submit an electronic comment,
EPA recommends that you include your
name, mailing address, and an email
address or other contact information in
the body of your comment and with any
disk or CD ROM you submit. This
ensures that you can be identified as the
submitter of the comment and allows
EPA to contact you in case EPA cannot
read your comment due to technical
difficulties or needs further information
on the substance of your comment. Any
identifying or contact information
provided in the body of a comment will
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Notices
be included as part of the comment that
is placed in the official public docket
and made available in EPA’s electronic
public docket. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment.
Dated: April 17, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
[FR Doc. 2020–08645 Filed 4–22–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–10008–66–OA]
Notification of Public Meetings of the
Science Advisory Board; COVID–19
Review Panel
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency (EPA) Science Advisory Board
(SAB) Staff Office announces its intent
to convene a panel of experts drawn
from the Chartered Science Advisory
Board, the SAB Chemical Assessment
Advisory Committee (CAAC), and the
SAB Drinking Water Committee (DWC)
to provide rapid advice on scientific and
technical issues related to the COVID–
19 Pandemic and opportunities for
current and future EPA research
activities that might enhance and inform
EPA’s current and any future responses
to SARS–CoV–2. The Staff Office
announces two public meetings: (1) A
teleconference of the SAB COVID–19
Review Panel to conduct a review of
EPA’s research activities in response to
SARS CoV–2 and (2) a teleconference of
the Chartered SAB to review the draft
report of the SAB COVID–19 Review
Panel.
SUMMARY:
The public teleconference of the
SAB COVID–19 Review Panel will be
held on Thursday, April 30, 2020, from
1:00 p.m. to 5:00 p.m. (Eastern Time)
and the public teleconference of the
Chartered SAB will be held on
Wednesday, May 20, 2020, from 1:00
p.m. to 5:00 p.m. (Eastern Time).
ADDRESSES: The teleconferences will be
conducted by telephone only.
FOR FURTHER INFORMATION CONTACT: Any
member of the public who wants further
information concerning this notice may
contact Dr. Zaida Figueroa, Designated
Federal Officer (DFO), via telephone/
voice mail (202) 566–2643, or email at
figueroa.zaida@epa.gov. General
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information about the SAB, as well as
any updates concerning the meetings
announced in this notice can be found
on the SAB website at https://
www.epa.gov/sab.
SUPPLEMENTARY INFORMATION:
Background: The SAB was
established pursuant to the
Environmental Research, Development,
and Demonstration Authorization Act
(ERDDAA), codified at 42 U.S.C. 4365,
to provide independent scientific and
technical advice to the EPA
Administrator on the scientific and
technical basis for agency positions and
regulations. The SAB is a Federal
Advisory Committee chartered under
the Federal Advisory Committee Act
(FACA), 5 U.S.C., App. 2. The SAB
anticipates that the scope and scale of
COVID–19 Pandemic will lead EPA
Program Offices to request advice on an
array of scientific and technical issues.
Rapid advice from nationally recognized
scientists and public health experts will
assist the Agency in developing and
implementing timely and scientifically
appropriate responses to the COVID–19
Pandemic.
To expedite the development of
scientific advice, pursuant to FACA and
EPA policy, notice is hereby given that
the SAB will convene a panel of experts
drawn from the Chartered SAB, the SAB
CAAC and the SAB DWC to provide
rapid advice on scientific and technical
issues of the COVID–19 Pandemic.
Panel members will be invited to serve
based on their scientific and technical
expertise, knowledge, and experience;
availability and willingness to serve;
and absence of financial conflicts of
interest. The panel will provide advice
on opportunities for current and future
EPA research activities that might
enhance and inform EPA’s current and
any future responses to SARS–CoV–2.
The SAB will hold a public
teleconference on Thursday, April 30,
2020, to convene the SAB COVID–19
Review Panel for deliberations. The
Chartered SAB will then hold a
teleconference on May 20, 2020 to
review the SAB COVID–19 Review
Panel’s draft report.
Due to the exceptional circumstances
of the ongoing COVID–19 Pandemic and
the need to act quickly, the SAB is
providing less than 15 days’ notice in
the Federal Register as there is
insufficient time prior to the advisory
committee meeting as required by the
final rule on Federal Advisory
Committee Management codified in 41
CFR 102–3.150(b). Information on the
panel’s peer review activities will be
posted on the SAB website at https://
epa.gov/sab as they become available.
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22737
Availability of Meeting Materials: All
meeting materials, including the agenda
will be available on the SAB web page
at https://epa.gov/sab.
Procedures for Providing Public Input:
Public comment for consideration by
EPA’s federal advisory committees and
panels has a different purpose from
public comment provided to EPA
program offices. Therefore, the process
for submitting comments to a federal
advisory committee is different from the
process used to submit comments to an
EPA program office. Federal advisory
committees and panels, including
scientific advisory committees, provide
independent advice to the EPA.
Members of the public can submit
relevant comments pertaining to the
committee’s charge or meeting
materials. Input from the public to the
SAB will have the most impact if it
provides specific scientific or technical
information or analysis for the SAB to
consider or if it relates to the clarity or
accuracy of the technical information.
Members of the public wishing to
provide comment should follow the
instruction below to submit comments.
Written Statements: Given the need
for expedited advice on the COVID–19
Pandemic scientific related issues,
written statements will be accepted
throughout the advisory process.
However, for timely consideration by
SAB members, statements should be
received in the SAB Staff Office by
April 26, 2020, for consideration by the
SAB COVID–19 Review Panel at the
public teleconference on April 30, 2020.
Written statements should be received
in the SAB Staff Office by May 15, 2020,
for consideration by the Chartered SAB
as part of their quality review of the
panel’s work at the public
teleconference on May 20, 2020. Written
statements should be supplied to the
DFO at the contact information above
via email. The SAB Staff Office does not
publish documents with signatures on
its website. Members of the public
should be aware that their personal
contact information, if included in any
written comments, may be posted to the
SAB website. Copyrighted material will
not be posted without explicit
permission of the copyright holder.
Accessibility: For information on
access or services for individuals with
disabilities, please contact the DFO, at
the contact information noted above,
preferably at least five days prior to the
meeting, to give the EPA as much time
as possible to process your request.
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]]>Agencies
[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Notices]
[Pages 22735-22737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08645]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R01-OW-2020-0216; FRL-10008-65-Region 1]
Notice of Availability of Proposed Modifications to NPDES General
Permits for Stormwater Discharges From Small Municipal Separate Storm
Sewer Systems in Massachusetts and New Hampshire
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Availability of Proposed Permit Modifications;
Request for Public Comment.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is providing this
notice of availability (NOA) for proposed limited modifications to the
final National Pollutant Discharge Elimination System (NPDES) general
permits for discharges of stormwater from small Municipal Separate
Storm Sewer Systems (MS4s) in Massachusetts and New Hampshire under the
Clean Water Act (CWA). The proposed modifications represent the results
of mediation supervised by the U.S. Court of Appeals for the District
of Columbia Circuit Mediation Program between EPA and petitioners the
National Association of Homebuilders (NAHB), the Home Builders and
Remodelers Association of Massachusetts, Inc. (HBRAMA), the New
Hampshire Home Builders Association (NHHBA), the Center for Regulatory
Reasonableness (CRR), the Massachusetts Coalition for Water Resources
Stewardship (MCWRS), the Town of Franklin, Massachusetts (Franklin),
the City of Lowell, Massachusetts (Lowell), the Conservation Law
Foundation (CLF), and the Charles River Watershed Association (CRWA).
EPA and the petitioners have entered into settlement agreements that
include commitments for EPA to propose certain modifications to the
2016 Massachusetts Small MS4 General Permit and the 2017 New Hampshire
Small MS4 General Permit, and then to take final action on each
proposal.
DATES: Written comments on the proposed permit modifications must be
received by June 8, 2020.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R01-OW-2020-0216, online at www.regulations.gov (EPA's preferred
method). For comments submitted at www.regulations.gov, follow the
online instructions for submitting comments. Once submitted, comments
cannot be edited or removed from www.regulations.gov. The EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA generally will not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, please contact the persons identified in the For Further
Information Contact section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Newton Tedder, Water Division, U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, MC 06-
4 Boston, MA 02109; telephone number: 617-918-1038; email address:
[email protected]; or
Suzanne Warner, Water Division, U.S. Environmental Protection
Agency, Region 1, 5 Post Office Square, MC 06-4, Boston, MA 02109;
telephone number: 617-918-1383; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Permit Modifications
On April 4, 2016, EPA issued a final NPDES general permit for
discharges of stormwater from small MS4s in Massachusetts (the MA MS4
Permit) under CWA section 402(p). 33 U.S.C. 1342(p). On July 18, 2016,
CRR filed a petition for review of the permit in the U.S. Court of
Appeals for the D.C. Circuit. CLF, CRWA, MCWRS, Franklin, NAHB, HBRAMA,
and the City of Lowell also filed petitions for review of the permit,
all of which were consolidated with CRR's petition in the D.C. Circuit.
Center for Regulatory Reasonableness, et al. v. EPA, No. 16-1246 (DC
Cir.) (2016 Massachusetts Small MS4 General Permit consolidated cases).
On January 18, 2017, EPA issued a final NPDES general permit for
discharges of stormwater from small MS4s in New Hampshire (the NH MS4
Permit). On February 1, 2017, CLF filed a petition for review of the
permit in the U.S. Court of Appeals for the First Circuit. CRR, NAHB,
and NHHBA later filed petitions for review in the D.C. Circuit. The
First Circuit then transferred the CLF petition to the D.C. Circuit,
where the D.C. Circuit consolidated it with the CRR, NAHB, and NHHBA
petitions. Center for Regulatory Reasonableness et. al v. EPA,
Conservation Law Foundation, Intervenor No. 17-1060 (DC Cir.) (2017 New
Hampshire Small MS4 General Permit consolidated cases). The parties to
both cases entered into mediation in 2017, and the D.C. Circuit has
held the cases in abeyance. On December 27, 2019, EPA published three
proposed settlement agreements in the Federal Register for a 30-day
public comment period. See ``Proposed Settlement Agreements, Clean
Water Act Claims,'' 84 FR 71407 (Dec. 27, 2019). EPA's planned proposed
permit modifications to the Massachusetts and New Hampshire permits and
statements of basis describing those proposed modifications were
attached as Exhibits A and B to the Massachusetts and New Hampshire
proposed settlement agreements. EPA and the petitioners executed the
settlement agreements on April 15, 2020. The first two settlement
[[Page 22736]]
agreements describe the modifications that EPA is proposing to the MA
MS4 Permit and NH MS4 Permit. Pursuant to the settlement agreements,
the proposed permit modifications reflect the substantive agreements
that parties reached during mediation. In the settlement agreements,
the petitioners agree not to submit adverse public comments on the
Draft Permit Modifications, except that the Petitioners reserve their
rights to submit any form of comment on EPA's proposed modification to
the NH MS4 permit Part 2.3.6.a, and the definitions of ``new
development'' and ``redevelopment'' in NH MS4 permit Appendix A. The
agreements specify that EPA will take final action on each proposed
modification within nine months of posting this NOA of the Draft Permit
Modifications; that petitioners will then dismiss their current
petitions for review with prejudice; and that petitioners agree not to
challenge EPA's respective final actions if they modify the permits in
a manner substantially similar to the proposed modifications (with one
exception, discussed in the New Hampshire settlement agreement). The
third settlement agreement commits Lowell, Massachusetts to voluntarily
dismiss its petition without prejudice and commits EPA to process
Lowell's individual permit application and then to take final action on
Lowell's individual permit application. Today's notice includes only
the proposed MA MS4 and NH MS4 proposed permit modifications. EPA will
propose an individual permit for Lowell at a later date.
EPA is reopening, reexamining, and accepting comments on only the
parts of the MA MS4 and NH MS4 permits that the proposed modifications
specify. In the MA MS4 permit, only the following permit parts are open
for modification and comment: parts 2.0; 2.1; 2.1.1; 2.1.2.a; 2.2.;
2.2.2; 2.3.3; 2.3.5; 2.3.6; 2.3.7.a; 2.3.7.b; 4.1; 4.4; Appendix F part
A.I; Appendix F part A.II; Appendix F Attachments 2 and 3; and Appendix
H. In the NH MS4 permit, only the following permit parts are open for
modification and comment: 2.0; 2.1; 2.1.1; 2.1.2.a; 2.2.; 2.2.2
(paragraphs 2 and 3); 2.3.3.1; 2.3.5; 2.3.5.3; 2.3.6.a; 2.3.7.2.b.iii;
3.1.3; 4.1.4; 4.4.2.3; Appendix A; Appendix F part III and Attachment
3; and Appendix H.
EPA has emailed notifications of the Draft Permit Modifications to
regulated parties, parties to this mediation, and other interested
parties on EPA Region 1's NPDES permit mailing list. For a period of
forty-five (45) days following the date of publication of this notice,
the Agency will accept written comments on the proposed permit
modifications. Pursuant to 40 CFR 124.12(a), EPA may hold a public
hearing during the comment period for any interested persons to submit
oral comments. If EPA determines there is sufficient interest in a
public hearing, EPA will post the details of the public hearing at EPA
Region 1's website and will notify via email the petitioners, eligible
permittees, and any other party who requests to be notified. EPA has
requested that Massachusetts and New Hampshire provide a water quality
certification pursuant to Section 401 of the Clean Water Act, 33 U.S.C.
1341. After considering any significant public comments on the permit
sections that are open for proposed modification, EPA will take final
action on the Draft Permit Modifications within nine months of the
Agency's posting of the NOAs of the Draft Permit Modifications on its
website.
Commenters must raise all reasonably ascertainable issues and
submit all reasonably available arguments supporting their position by
the close of the public comment period. Any supporting material which
is submitted shall be included in full and may not be incorporated by
reference, unless they are already part of the administrative record in
this proceeding, or consist of state or federal statutes and
regulations, EPA documents of general applicability, or other generally
available reference materials.
II. Additional Information About Commenting on the Proposed Permit
Modifications
A. How can I get a copy of the proposed permit modifications? The
official public docket for this action, EPA-R01-2020-0216, contains
copies of the proposed permit modifications and statements of basis.
These documents are also posted on EPA Region 1's website at https://www.epa.gov/npdes-permits/npdes-stormwater-permit-program-new-england#smallms4program. The official public docket is available for
public viewing at U.S. EPA Region 1, John W. McCormack Building, 5 Post
Office Square, Boston, MA 02109. Please contact the persons listed in
FOR FURTHER INFORMATION CONTACT.
An electronic version of the public docket is available through
www.regulations.gov. You may use www.regulations.gov to submit or view
public comments, access the index listing of the contents of the
official public docket, and access those documents in the public docket
that are available electronically. Once in the system, key in the
appropriate docket identification number then select ``search.'' It is
important to note that EPA's policy is that public comments, whether
submitted electronically or in paper, will be made available for public
viewing online at www.regulations.gov without change, unless the
comment contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. Information claimed as CBI and
other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket.
EPA's policy is that copyrighted material, including copyrighted
material contained in a public comment, will not be placed in EPA's
electronic public docket but will be available only in printed, paper
form in the official public docket. Although not all docket materials
may be available electronically, you may still access any of the
publicly available docket materials through the EPA Docket Center.
B. How and to whom do I submit comments?
You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period.
Use of the www.regulations.gov website to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will
[[Page 22737]]
be included as part of the comment that is placed in the official
public docket and made available in EPA's electronic public docket. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment.
Dated: April 17, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
[FR Doc. 2020-08645 Filed 4-22-20; 8:45 am]
BILLING CODE 6560-50-P
