Notice of Availability of Draft NPDES Small Wastewater Treatment Facilities General Permits Modification, 65055-65057 [2022-23423]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 87, Number 207 (Thursday, October 27, 2022)]
[Notices]
[Pages 65055-65057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23423]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8519-04-R1]


Notice of Availability of Draft NPDES Small Wastewater Treatment 
Facilities General Permits Modification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability of Draft NPDES General Permits 
Modification MAG580000 and NHG580000.

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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) Small Wastewater Treatment Facility General Permit 
(Small WWTF GP) Modification for discharges to certain waters of the 
Commonwealth of Massachusetts and the State of New Hampshire. This 
Draft NPDES Small WWTF GP Modification (``Draft General Permit 
Modification'')

[[Page 65056]]

establishes effluent limitations and requirements, effluent and ambient 
monitoring requirements, reporting requirements, and standard 
conditions for 21 additional eligible facilities currently covered by 
individual NPDES permits (see Attachment E of the Draft General Permit 
Modification for a list of WWTFs being added to the General Permit; 11 
in Massachusetts, 10 in New Hampshire, and 2 Co-Permittees in New 
Hampshire). The Draft General Permit Modification is available on EPA 
Region 1's website at https://www.epa.gov/npdes-permits/region-1-draft-small-wastewater-treatment-facilities-general-permit-modification. The 
Statement of Basis for the Draft General Permit Modification sets forth 
principal facts and the significant factual, legal, methodological, and 
policy questions considered in the development of the Draft General 
Permit Modification and is also available at this website.

DATES: Public comments must be received by January 25, 2023.

ADDRESSES: Written comments on the Draft General Permit Modification 
may be mailed to U.S. EPA Region 1, Water Division, Attn: Michele 
Duspiva, 5 Post Office Square, Suite 100, Mail Code 06-4, Boston, 
Massachusetts 02109-3912, or sent via email to: 
[email protected]ov. If comments are submitted in hard copy form, 
please also email a copy to the EPA contact above.

FOR FURTHER INFORMATION CONTACT: The administrative record and 
additional information concerning the Draft General Permit Modification 
may be obtained from Michele Duspiva, U.S. EPA Region 1, Water 
Division, 5 Post Office Square, Suite 100, Mail Code 06-4, Boston, MA 
02109-3912; telephone: 617-918-1682; email: [email protected].

SUPPLEMENTARY INFORMATION: 
    Public Comment Information: Interested persons may submit written 
comments on the Draft General Permit Modification to EPA Region 1 at 
the address listed above. In reaching a final decision on this Draft 
General Permit Modification, the Regional Administrator will respond to 
all significant comments and make responses available to the public on 
EPA Region 1's website. All comments must be postmarked or delivered by 
the close of the public comment period.
    General Information: The Draft General Permit Modification 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 Modification 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 V of this General Permit and 40 CFR 
122.28(b)(2)(i) & (ii). The contents of the NOI shall include at a 
minimum, the legal name and address of the owner or operator, the 
facility name and address, type of facility or discharges, the 
receiving stream(s) and be signed by the operator in accordance with 
the signatory requirements of 40 CFR 122.22. Alternately, based on 40 
CFR 122.28(b)(2)(vi), the Director may notify a discharger that it is 
covered by a general permit, even if the discharger has not submitted 
an NOI to be covered. EPA has determined that the facilities identified 
in Attachment E of the Draft General Permit Modification all meet the 
eligibility requirements for coverage under the Draft General Permit 
and may be authorized to discharge under the General Permit 
Modification 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 being added for coverage under the Draft General 
Permit Modification. Concurrently with the public notice of the Draft 
General Permit Modification, EPA has initiated 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 
Modification. In this document, EPA has made a preliminary 
determination that the proposed issuance of the Draft General Permit 
Modification is not likely to adversely affect the shortnose sturgeon, 
Atlantic sturgeon, leatherback sea turtles, loggerhead sea turtles, 
Kemp's ridley sea turtles, green sea turtles, North Atlantic right 
whales, and fin whales. EPA has requested that NOAA Fisheries review 
this submittal and inform EPA whether it concurs with this preliminary 
finding.
    In addition, EPA has initiated an informal consultation with the 
U.S. Fish and Wildlife Service (USFWS) under ESA section 7, through the 
submission of a letter summarizing the results of EPA's assessment of 
the potential effects to endangered and threatened species and their 
critical habitats under USFWS jurisdiction as a result of EPA's 
issuance of the Draft General Permit Modification. In this document, 
EPA has made a preliminary determination that the proposed issuance of 
the Draft General Permit Modification is not likely to adversely affect 
the northern long-eared bat. EPA has completed an informal consultation 
with USFWS regarding the threatened northern long-eared bat, as 
activities conducted as part of the Small WWTF GP Modification are 
consistent with activities analyzed in the USFWS January 5, 2016, 
Programmatic Biological Opinion (PBO).
    Essential Fish Habitat (EFH): Under the 1996 Amendments (Pub. L. 
104-267) to the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq. (1998)), EPA is required to consult with 
NOAA Fisheries if EPA's actions or proposed actions that it funds, 
permits or undertakes ``may adversely impact any essential fish 
habitat.'' 16 U.S.C. 1855(b). This consultation will only include an 
analysis of the proposed additional facilities and will not include the 
facilities that are already covered based on the 2021 issuance of the 
General Permit. In the Statement of Basis accompanying the Draft 
General Permit Modification, EPA notes that the general permit action 
minimizes adverse effects to aquatic organisms, including those with 
designated EFH in the receiving waters. EFH species associated with the 
receiving waters of facilities covered by the Draft General Permit 
Modification may include Atlantic salmon as well as the life stages of 
a number of coastal EFH designated species, along with two habitat 
areas of particular concern. EPA has made the determination that 
additional mitigation is not warranted under Section 305(b)(2) of the 
Magnuson-Stevens Act and has provided this determination to NOAA 
Fisheries for their review.
    National Historic Preservation Act (NHPA): Facilities which 
adversely affect properties listed or eligible for listing in the 
National Registry of Historic Places under the NHPA are not authorized 
to discharge under the Draft General Permit Modification. 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

[[Page 65057]]

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.
    On June 7, 2021, the Massachusetts CZMP determined that the Small 
WWTF GP is consistent with its enforceable policies. Concurrent with 
the public notice EPA will request that the Executive Office of 
Environmental Affairs, MA CZM, Project Review Coordinator provide a 
consistency concurrence that the proposed Small WWTF GP Modification is 
consistent with the MA CZMP.
    On June 7, 2021, the New Hampshire Coastal Program (NHCP) 
determined that the Small WWTF GP is consistent with its enforceable 
policies. On June 30, 2022, the NHCP determined that any additional 
facilities that qualify for coverage under the Small WWTF GP are also 
consistent with its enforceable policies. On June 30, 2022, EPA 
submitted a formal letter to NHCP describing this determination. 
Therefore, additional CZMA federal consistency review by the NHCP is 
not required.
    Authority: This action is being taken under the Clean Water Act, 33 
U.S.C. 1251 et seq.

David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-23423 Filed 10-26-22; 8:45 am]
BILLING CODE 6560-50-P