81 FR 21862 - Availability of Final NPDES General Permit for Stormwater Discharges From Small Municipal Separate Storm Sewer Systems in Massachusetts
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 71 (April 13, 2016)
Federal Register Volume 81, Issue 71 (April 13, 2016)
| Page Range | 21862-21863 | |
| FR Document | 2016-08503 |
[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)] [Notices] [Pages 21862-21863] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08503] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-9944-92-Region 1] Availability of Final NPDES General Permit for Stormwater Discharges From Small Municipal Separate Storm Sewer Systems in Massachusetts AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of availability of final NPDES general permit. ----------------------------------------------------------------------- SUMMARY: The Director of the Office of Ecosystem Protection, EPA-- Region 1, is providing a notice of availability of the final National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges from small Municipal Separate Storm Sewer systems (MS4s) to certain waters of the Commonwealth of Massachusetts. The final Massachusetts small MS4 general permit establishes Notice of Intent (NOI) requirements, prohibitions, and management practices for stormwater discharges from small MS4s in Massachusetts. The final Massachusetts small MS4 general permit reflects modifications to the draft small MS4 general permit released for comment on September 30, 2014 and replaces the 2003 small MS4 general permit for MS4 operators within the Commonwealth of Massachusetts. DATES: The Massachusetts small MS4 general permit shall be effective on July 1, 2017 and will expire at midnight on June 30, 2022. In accordance with 40 CFR part 23, this permit shall be considered issued for the purpose of judicial review at 1:00 p.m. eastern standard time on April 27, 2016. Under section 509(b) of the Clean Water Act, judicial review of this general permit can be requested by filing a petition for review in the United States Court of Appeals within 120 days after the permit is considered issued. Under section 509(b)(2) of the Clean Water Act, the requirements in this permit may not be challenged later in civil or criminal proceedings to enforce these requirements. In addition, this permit may not be challenged in other agency proceedings. [[Page 21863]] FOR FURTHER INFORMATION CONTACT: Newton Tedder, Stormwater and Construction Permits Section OEP 06-4, Environmental Protection Agency, 5 Post Office Square--Suite 100, Boston, Massachusetts 02109-3912; 617- 918-1038; [email protected]. SUPPLEMENTARY INFORMATION: General Information EPA is reissuing three final NPDES permits for discharges of stormwater from small MS4s to certain waters within the Commonwealth of Massachusetts. The three general permits are: MAR041000--Traditional cities and towns MAR042000--Non-traditional state, federal, county, and other publicly owned MS4s MAR043000--Non-traditional transportation MS4s While these are technically distinct permits, for convenience they have been grouped into a single document and this document refers to the ``permit'' in the singular. The final general permit, appendices and attachments, as well as response to comments on the draft permit and supplemental fact sheet information are available at http://www.epa.gov/region1/npdes/stormwater/MS4_MA.html. The conditions in the general 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. Further information on the requirements of the permit related to MEP and water quality may be found in EPA's Response to Comments document on the above Web site. EPA issued a final general permit to address stormwater discharges from small MS4s in Massachusetts and New Hampshire on May 1, 2003. The 2003 general permit required small MS4 operators to develop and implement a Stormwater Management Program (SWMP) designed to control pollutants to the maximum extent practicable and protect water quality. This final general permit for Massachusetts MS4s builds on the requirements of the 2003 general permit. During 2010, EPA drafted two separate Small MS4 general permits to replace the 2003 Small MS4 permit for eligible operators located in Massachusetts; one for operators located in the North Coastal watershed and the other for those located in the Interstate, Merrimack and South Coastal watersheds. Based on comments and information gathered while developing responses, EPA modified the initial draft general permits and issued a draft permit covering all eligible operators in Massachusetts pursuant to 40 CFR 124.6. EPA took public comments on this draft permit from September 30, 2014 to February 27, 2015. EPA received over 150 unique written letters and oral comments on the draft permit. Concurrent with the release of the final permit and supplemental materials EPA will make available a Response to Comments received on the draft permit. The Response to Comments will be available on the EPA Web site listed above. Changes to the permit resulting from public comments include, but are not limited to: Reduction of certain reporting requirements and metrics, reorganization of certain requirements for clarity, and extension of deadlines for certain required tasks and reports within the permit. Obtaining Authorization In order for a small MS4 operator to obtain authorization to discharge, it must submit a complete and accurate NOI containing the information in Appendix E of the general permit. The NOI must be submitted on or before September 29, 2017 (90 days from the effective date of the final permit). A small MS4 operator 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 operator will be authorized to discharge under the permit upon receipt of written notice from EPA following a public notice of the submitted NOI. EPA will authorize the discharge, request additional information, or require the small MS4 to apply for an alternative permit or an individual permit. NOIs may be submitted electronically to EPA at [email protected] or sent via regular or overnight mail to: United States Environmental Protection Agency, Stormwater and Construction Permits Section OEP 06-1, 5 Post Office Square--Suite 100, Boston, Massachusetts 02109-3912. A copy of the NOI shall also be sent to MassDEP at the following address: Massachusetts Department of Environmental Protection, One Winter Street--5th Floor, Boston, Massachusetts 02108 ATTN: Frederick Civian, Stormwater Coordinator. Other Legal Requirements In accordance with the Endangered Species Act (ESA), EPA has updated the provisions and necessary actions and documentation related to potential impacts to endangered species from discharges and related actions under the Massachusetts small MS4 general permit. EPA has obtained concurrence from the appropriate federal services (U.S. Fish and Wildlife Service and National Marine Fisheries Service) regarding the requirements of this general permit. In accordance with the National Historic Preservation Act, EPA has established provisions and documentation requirements for operators seeking coverage under the Massachusetts small MS4 general permit to ensure that discharges or actions taken under this permit will not adversely affect historic properties and places. Authority: This action is being taken under the Clean Water Act, 33 U.S.C. 1251 et seq. Dated: April 4, 2016. H. Curtis Spalding, Regional Administrator, Region 1. [FR Doc. 2016-08503 Filed 4-12-16; 8:45 am] BILLING CODE 6560-50-P
![21862 Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Notices
Yuba River, and Oregon Creek, in Yuba, DEPARTMENT OF ENERGY FERCOnlineSupport@ferc.gov. or call
Sierra, and Nevada Counties, California. (866) 208–3676 (toll free). For TTY, call
Federal Energy Regulatory (202) 502–8659.
The license for Project No. 2246 was
Commission Dated: April 7, 2016.
issued for a period ending March 31,
2016. Section 15(a)(1) of the FPA, 16 [Docket No. ER16–1354–000] Kimberly D. Bose,
U.S.C. 808(a)(1), requires the Secretary.
Commission, at the expiration of a Live Oak Solar, LLC; Supplemental
[FR Doc. 2016–08473 Filed 4–12–16; 8:45 am]
license term, to issue from year-to-year Notice That Initial Market-Based Rate
BILLING CODE 6717–01–P
an annual license to the then licensee Filing Includes Request for Blanket
Section 204 Authorization
under the terms and conditions of the
prior license until a new license is This is a supplemental notice in the ENVIRONMENTAL PROTECTION
issued, or the project is otherwise above-referenced proceeding of Grande AGENCY
disposed of as provided in section 15 or Prairie Wind, LLC’s application for
any other applicable section of the FPA. market-based rate authority, with an [FRL–9944–92–Region 1]
If the project’s prior license waived the accompanying rate tariff, noting that
applicability of section 15 of the FPA, such application includes a request for Availability of Final NPDES General
then, based on section 9(b) of the blanket authorization, under 18 CFR Permit for Stormwater Discharges
Administrative Procedure Act, 5 U.S.C. part 34, of future issuances of securities From Small Municipal Separate Storm
558(c), and as set forth at 18 CFR and assumptions of liability. Sewer Systems in Massachusetts
16.21(a), if the licensee of such project Any person desiring to intervene or to
protest should file with the Federal AGENCY: Environmental Protection
has filed an application for a subsequent Agency (EPA).
license, the licensee may continue to Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426, ACTION: Notice of availability of final
operate the project in accordance with NPDES general permit.
the terms and conditions of the license in accordance with Rules 211 and 214
after the minor or minor part license of the Commission’s Rules of Practice
SUMMARY: The Director of the Office of
expires, until the Commission acts on and Procedure (18 CFR 385.211 and
Ecosystem Protection, EPA—Region 1,
its application. If the licensee of such a 385.214). Anyone filing a motion to
is providing a notice of availability of
project has not filed an application for intervene or protest must serve a copy
the final National Pollutant Discharge
a subsequent license, then it may be of that document on the Applicant.
Notice is hereby given that the Elimination System (NPDES) general
required, pursuant to 18 CFR 16.21(b), permit for stormwater discharges from
deadline for filing protests with regard
to continue project operations until the to the applicant’s request for blanket small Municipal Separate Storm Sewer
Commission issues someone else a authorization, under 18 CFR part 34, of systems (MS4s) to certain waters of the
license for the project or otherwise future issuances of securities and Commonwealth of Massachusetts. The
orders disposition of the project. assumptions of liability, is April 27, final Massachusetts small MS4 general
If the project is subject to section 15 2016. permit establishes Notice of Intent (NOI)
of the FPA, notice is hereby given that The Commission encourages requirements, prohibitions, and
an annual license for Project No. 2246 electronic submission of protests and management practices for stormwater
is issued to the licensee for a period interventions in lieu of paper, using the discharges from small MS4s in
FERC Online links at http:// Massachusetts. The final Massachusetts
effective April 1, 2016 through March
www.ferc.gov. To facilitate electronic small MS4 general permit reflects
31, 2017 or until the issuance of a new
service, persons with Internet access modifications to the draft small MS4
license for the project or other
who will eFile a document and/or be general permit released for comment on
disposition under the FPA, whichever
listed as a contact for an intervenor September 30, 2014 and replaces the
comes first. If issuance of a new license
must create and validate an 2003 small MS4 general permit for MS4
(or other disposition) does not take
eRegistration account using the operators within the Commonwealth of
place on or before March 31, 2017, Massachusetts.
notice is hereby given that, pursuant to eRegistration link. Select the eFiling
link to log on and submit the DATES: The Massachusetts small MS4
18 CFR 16.18(c), an annual license
under section 15(a)(1) of the FPA is intervention or protests. general permit shall be effective on July
renewed automatically without further Persons unable to file electronically 1, 2017 and will expire at midnight on
should submit an original and 5 copies June 30, 2022. In accordance with 40
order or notice by the Commission,
of the intervention or protest to the CFR part 23, this permit shall be
unless the Commission orders
Federal Energy Regulatory Commission, considered issued for the purpose of
otherwise.
888 First Street NE., Washington, DC judicial review at 1:00 p.m. eastern
If the project is not subject to section 20426. standard time on April 27, 2016. Under
15 of the FPA, notice is hereby given The filings in the above-referenced section 509(b) of the Clean Water Act,
that the licensee, Yuba County Water proceeding are accessible in the judicial review of this general permit
Agency., is authorized to continue Commission’s eLibrary system by can be requested by filing a petition for
operation of the Yuba River Project, clicking on the appropriate link in the review in the United States Court of
until such time as the Commission acts above list. They are also available for Appeals within 120 days after the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
on its application for a subsequent electronic review in the Commission’s permit is considered issued. Under
license. Public Reference Room in Washington, section 509(b)(2) of the Clean Water Act,
Dated: March 7, 2016. DC. There is an eSubscription link on the requirements in this permit may not
the Web site that enables subscribers to be challenged later in civil or criminal
Kimberly D. Bose,
receive email notification when a proceedings to enforce these
Secretary. document is added to a subscribed requirements. In addition, this permit
[FR Doc. 2016–08475 Filed 4–12–16; 8:45 am] docket(s). For assistance with any FERC may not be challenged in other agency
BILLING CODE 6717–01–P Online service, please email proceedings.
VerDate Sep<11>2014 17:41 Apr 12, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\13APN1.SGM 13APN1](https://thefederalregister.org/doc/81_FR_21933/page/1.svg)
![Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Notices 21863
FOR FURTHER INFORMATION CONTACT: information gathered while developing Massachusetts small MS4 general
Newton Tedder, Stormwater and responses, EPA modified the initial permit. EPA has obtained concurrence
Construction Permits Section OEP 06–4, draft general permits and issued a draft from the appropriate federal services
Environmental Protection Agency, 5 permit covering all eligible operators in (U.S. Fish and Wildlife Service and
Post Office Square—Suite 100, Boston, Massachusetts pursuant to 40 CFR National Marine Fisheries Service)
Massachusetts 02109–3912; 617–918– 124.6. EPA took public comments on regarding the requirements of this
1038; tedder.newton@epa.gov. this draft permit from September 30, general permit.
SUPPLEMENTARY INFORMATION: 2014 to February 27, 2015. EPA received In accordance with the National
over 150 unique written letters and oral Historic Preservation Act, EPA has
General Information comments on the draft permit. established provisions and
EPA is reissuing three final NPDES Concurrent with the release of the final documentation requirements for
permits for discharges of stormwater permit and supplemental materials EPA operators seeking coverage under the
from small MS4s to certain waters will make available a Response to Massachusetts small MS4 general
within the Commonwealth of Comments received on the draft permit. permit to ensure that discharges or
Massachusetts. The three general The Response to Comments will be actions taken under this permit will not
permits are: available on the EPA Web site listed adversely affect historic properties and
MAR041000—Traditional cities and above. Changes to the permit resulting places.
towns from public comments include, but are Authority: This action is being taken
MAR042000—Non-traditional state, not limited to: Reduction of certain under the Clean Water Act, 33 U.S.C. 1251
federal, county, and other publicly reporting requirements and metrics, et seq.
owned MS4s reorganization of certain requirements
Dated: April 4, 2016.
MAR043000—Non-traditional for clarity, and extension of deadlines
for certain required tasks and reports H. Curtis Spalding,
transportation MS4s Regional Administrator, Region 1.
within the permit.
While these are technically distinct [FR Doc. 2016–08503 Filed 4–12–16; 8:45 am]
permits, for convenience they have been Obtaining Authorization
BILLING CODE 6560–50–P
grouped into a single document and this In order for a small MS4 operator to
document refers to the ‘‘permit’’ in the obtain authorization to discharge, it
singular. The final general permit, must submit a complete and accurate ENVIRONMENTAL PROTECTION
appendices and attachments, as well as NOI containing the information in AGENCY
response to comments on the draft Appendix E of the general permit. The
permit and supplemental fact sheet [EPA–HQ–OW–2015–0335; FRL–9944–91–
NOI must be submitted on or before OW]
information are available at http:// September 29, 2017 (90 days from the
www.epa.gov/region1/npdes/ effective date of the final permit). A Extension of Public Comment Period
stormwater/MS4_MA.html. small MS4 operator must meet the for the Draft EPA–USGS Technical
The conditions in the general permit eligibility requirements of the general Report: Protecting Aquatic Life From
are established pursuant to Clean Water permit found in Part 1.2 and Part 1.9 Effects of Hydrologic Alteration
Act (CWA) section 402(p)(3)(iii) to prior to submission of its NOI. A small
ensure that pollutant discharges from MS4 operator will be authorized to AGENCY: Environmental Protection
small MS4s are reduced to the discharge under the permit upon receipt Agency (EPA).
Maximum Extent Practicable (MEP), of written notice from EPA following a ACTION: Notice; extension of comment
protect water quality, and satisfy the public notice of the submitted NOI. EPA period.
appropriate requirements of the CWA. will authorize the discharge, request
Further information on the requirements additional information, or require the SUMMARY: The Environmental Protection
of the permit related to MEP and water small MS4 to apply for an alternative Agency (EPA) is extending the comment
quality may be found in EPA’s Response permit or an individual permit. NOIs period for the draft technical report:
to Comments document on the above may be submitted electronically to EPA Protecting Aquatic Life from Effects of
Web site. at stormwater.reports@epa.gov or sent Hydrologic Alteration. In response to
EPA issued a final general permit to via regular or overnight mail to: United stakeholder requests, the comment
address stormwater discharges from States Environmental Protection period will be extended for an
small MS4s in Massachusetts and New Agency, Stormwater and Construction additional 45 days, from May 3, 2016 to
Hampshire on May 1, 2003. The 2003 Permits Section OEP 06–1, 5 Post Office June 17, 2016.
general permit required small MS4 Square—Suite 100, Boston, DATES: Comments must be received on
operators to develop and implement a Massachusetts 02109–3912. A copy of or before June 17, 2016.
Stormwater Management Program the NOI shall also be sent to MassDEP ADDRESSES: Submit your comments,
(SWMP) designed to control pollutants at the following address: Massachusetts identified by Docket ID No. EPA–HQ–
to the maximum extent practicable and Department of Environmental OW–2015–0335, to the Federal
protect water quality. This final general Protection, One Winter Street—5th eRulemaking Portal: http://
permit for Massachusetts MS4s builds Floor, Boston, Massachusetts 02108 www.regulations.gov. Follow the online
on the requirements of the 2003 general ATTN: Frederick Civian, Stormwater instructions for submitting comments.
permit. During 2010, EPA drafted two Once submitted, comments cannot be
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Coordinator.
separate Small MS4 general permits to edited or withdrawn. EPA may publish
replace the 2003 Small MS4 permit for Other Legal Requirements any comment received to its public
eligible operators located in In accordance with the Endangered docket. Do not submit electronically any
Massachusetts; one for operators located Species Act (ESA), EPA has updated the information you consider to be
in the North Coastal watershed and the provisions and necessary actions and Confidential Business Information (CBI)
other for those located in the Interstate, documentation related to potential or other information whose disclosure is
Merrimack and South Coastal impacts to endangered species from restricted by statute. Multimedia
watersheds. Based on comments and discharges and related actions under the submissions (audio, video, etc.) must be
VerDate Sep<11>2014 17:41 Apr 12, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\13APN1.SGM 13APN1](https://thefederalregister.org/doc/81_FR_21933/page/2.svg)
Document Created: 2016-04-13 03:10:46
Document Modified: 2016-04-13 03:10:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability of final NPDES general permit. | |
| Dates | The Massachusetts small MS4 general permit shall be effective on July 1, 2017 and will expire at midnight on June 30, 2022. In accordance with 40 CFR part 23, this permit shall be considered issued for the purpose of judicial review at 1:00 p.m. eastern standard time on April 27, 2016. Under section 509(b) of the Clean Water Act, judicial review of this general permit can be requested by filing a petition for review in the United States Court of Appeals within 120 days after the permit is considered issued. Under section 509(b)(2) of the Clean Water Act, the requirements in this permit may not be challenged later in civil or criminal proceedings to enforce these requirements. In addition, this permit may not be challenged in other agency proceedings. | |
| Contact | Newton Tedder, Stormwater and Construction Permits Section OEP 06-4, Environmental Protection Agency, 5 Post Office Square--Suite 100, Boston, Massachusetts 02109-3912; 617- 918-1038; [email protected] | |
| FR Citation | 81 FR 21862 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR