80 FR 52751 - Notice of a Re-Opening of the Public Comment Period on Select Sections of the Draft Small Municipal Separate Storm Sewer System (MS4) NPDES General Permit-New Hampshire

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 169 (September 1, 2015)

The Director of the Office of Ecosystem Protection, EPA-New England, is reopening the public comment period for certain provisions of the draft National Pollutant Discharge Elimination System (NPDES) general permit for discharges from small Municipal Separate Storm Sewer Systems (MS4s) to certain waters of the State of New Hampshire, originally released as draft February 12, 2013. The reopened comment period applies to the following sections only: Section 2.1.1, Section 2.2 (including all subsections) and Section 2.3.6 (including all subsections), Appendix F (excluding attachments) and Appendix H (excluding attachments). The reopening of this notice is pursuant to 40 CFR 124.14.

[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Notices]
[Pages 52751-52752]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21631]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9933-36--Region 1]


Notice of a Re-Opening of the Public Comment Period on Select 
Sections of the Draft Small Municipal Separate Storm Sewer System (MS4) 
NPDES General Permit--New Hampshire

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of reopening of a public comment period.

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SUMMARY: The Director of the Office of Ecosystem Protection, EPA-New 
England, is reopening the public comment period for certain provisions 
of the draft National Pollutant Discharge Elimination System (NPDES) 
general permit for discharges from small Municipal Separate Storm Sewer 
Systems (MS4s) to certain waters of the State of New Hampshire, 
originally released as draft February 12, 2013. The reopened comment 
period applies to the following sections only: Section 2.1.1, Section 
2.2 (including all subsections) and Section 2.3.6 (including all 
subsections), Appendix F (excluding attachments) and Appendix H 
(excluding attachments). The reopening of this notice is pursuant to 40 
CFR 124.14.

DATES: Comment on the draft general permits must be received on or 
before November 2, 2015.
    Any interested person may file a written response to material filed 
by any other person during this comment period. These must be received 
November 20, 2015.
    Public Hearing Information: EPA will hold a public hearing, if 
necessary, 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 administrative record.

ADDRESSES: Comments on the modified sections of the draft general 
permits shall be submitted by one of the following methods:
    (1) Email: [email protected] or
    (2) Mail: Newton Tedder, US 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. A 
reasonable fee may be charged for copying requests. The statement of 
basis for the modified sections of the draft general permit sets forth 
principal facts and the significant factual, legal, methodological and 
policy questions considered in the development of these sections of the 
draft permit and is available upon request. A brief summary is provided 
as SUPPLEMENTARY INFORMATION below.

FOR FURTHER INFORMATION CONTACT: Additional information concerning the 
draft General Permits may be obtained between the hours of 9 a.m. and 5 
p.m. Monday through Friday, excluding holidays, from Newton Tedder, 
Office of Ecosystem Protection, 5 Post Office Square--Suite 100, 
Boston, MA 02109-3912; telephone: 617-918-1038; email: 
[email protected].

SUPPLEMENTARY INFORMATION: All NPDES permits must be consistent with 
applicable state water quality standards and regulations. Since the 
release of the original draft general permit, NHDES has made changes to 
their water quality standards. On November 22, 2014, Env-Wq 1701.03, 
``Compliance Schedules in NPDES Permits'' was adopted. The rule allows 
for compliance schedules to be included in NPDES permits. EPA has 
amended the language in Section 2.1.1, Section 2.2, and Appendix F and 
has added specific schedules leading to compliance with water quality 
standards consistent with Env-Wq 1701.03 and 40 CFR 122.47.
    Additionally, EPA received numerous comments on Section 2.2 and 
Appendix H seeking clarity on the proposed requirements. Accordingly, 
EPA has revised Section 2.2 and Appendix H to provide clarity of permit 
requirements and certainty on applicability of permit provisions.
    EPA also received multiple comments on Section 2.3.6 seeking 
clarification on requirements, closer adherence to state law and a 
reduced administrative burden. EPA has revised Section 2.3.6 to address 
these comments.
    The proposed language changes to Section 2.1.1, Section 2.2, 
Section 2.3.6, Appendix F and Appendix H of the New Hampshire Draft 
Small MS4 Permit along with statement of basis for the proposed changes 
can be found at http://www.epa.gov/region1/npdes/stormwater/MS4_2013_NH.html. In addition, all comments received on the proposed 
language modifications will be posted on the same Web site.
    A comprehensive summary of the basis for the all draft permit 
conditions including the applicable statutory and regulatory authority 
is included in the original fact sheet to the 2013 draft permit 
available at: http://www.epa.gov/region1/npdes/stormwater/nh/2013/

[[Page 52752]]

NHMS4-FactSheet-2013-WithAttachments.pdf. EPA will consider and respond 
to all significant comments on these reopened sections before taking 
final action. All persons, including applicants, who believe any of the 
proposed modifications identified in this notice are inappropriate 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 a 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.

    Authority: This action is being taken under the Clean Water Act, 
33 U.S.C. 1251 et seq.

    Dated: August 25, 2015.
Deborah A. Szaro,
Deputy Regional Administrator, Region 1.
[FR Doc. 2015-21631 Filed 8-31-15; 8:45 am]
BILLING CODE 6560-50-P