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)

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.

[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]


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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.

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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