82 FR 32357 - Notice of EPA's Action To Postpone the Effective Date of the EPA Region 1 Clean Water Act National Pollutant Discharge Elimination System General Permits for Stormwater Discharges From Small Municipal Separate Storm Sewer Systems in Massachusetts
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 133 (July 13, 2017)
Federal Register Volume 82, Issue 133 (July 13, 2017)
| Page Range | 32357-32359 | |
| FR Document | 2017-14731 |
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)] [Notices] [Pages 32357-32359] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14731] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-9964-85-Region 1] Notice of EPA's Action To Postpone the Effective Date of the EPA Region 1 Clean Water Act National Pollutant Discharge Elimination System General Permits for Stormwater Discharges From Small Municipal Separate Storm Sewer Systems in Massachusetts AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is providing notice that it took action to postpone the effective [[Page 32358]] date of its Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) General Permits for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4s) in Massachusetts. By its action, EPA postponed the July 1, 2017 effective date of the permit for one year, to July 1, 2018. EPA's postponement is available at: https://www3.epa.gov/region1/npdes/stormwater/MS4_MA.html. DATES: Postponement date is June 29, 2017. FOR FURTHER INFORMATION CONTACT: Thelma Murphy, Stormwater and Construction Permits Section OEP 06-4, Environmental Protection Agency, 5 Post Office Square--Suite 100, Boston, Massachusetts 02109-3912; 617.918.1615; email address: [email protected]. SUPPLEMENTARY INFORMATION: As stated in its postponement action, pursuant to section 705 of the Administrative Procedure Act (APA) (5 U.S.C. 705), and for the reasons stated below, the EPA postponed the effective date of the EPA-issued General Permits for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4s) in Massachusetts (Massachusetts permit) from July 1, 2017 to July 1, 2018. I. Background EPA Region 1 issued the Massachusetts permit on April 4, 2016, with an effective date of July 1, 2017. Region 1 issued the previous general permit for Small MS4s in Massachusetts in 2003, which expired and was administratively continued for MS4s covered under that permit in 2008. EPA Region 1 issued the 2016 Massachusetts permit following issuance of the Commonwealth's CWA section 401 certification by the Massachusetts Department of Environmental Protection (MassDEP). The final 2016 permits were jointly issued by EPA and MassDEP, along with EPA's 632- page Response to Comments document.\1\ --------------------------------------------------------------------------- \1\ Although the Region issues NPDES permits in Massachusetts, the Commonwealth maintains separate permitting authority under Massachusetts law. See Mass. Gen. Laws ch. 21, Sec. 43; Mass. Code Regs. tit. 314. When the Region issues an NPDES permit in Massachusetts, MassDEP typically jointly issues a permit under state law. See In re City of Marlborough, 12 E.A.D. 235, 236 n.3 (EAB 2005); In re Westborough, 10 E.A.D. 297, 300 n.2 (EAB 2002). EPA's action in postponing the effective date of the Massachusetts permit does not affect the requirements of the permit issued by MassDEP under Massachusetts law. --------------------------------------------------------------------------- The Massachusetts Permit allows eligible small MS4s in Massachusetts to obtain NPDES permit coverage for their stormwater discharges. Approximately 260 towns and other municipalities, which include a number of state and federally owned entities such as colleges, Veterans Administration hospitals, prisons and military bases in Massachusetts, are eligible to seek coverage under the permit. Several parties filed petitions for review of the Massachusetts permit in the U.S. Court of Appeals for the D.C. Circuit. Petitioners are the Center for Regulatory Reasonableness (CRR), Conservation Law Foundation/Charles River Watershed Association, National Association of Homebuilders, the City of Lowell, and the Town of Franklin. The D.C. Circuit has consolidated these petitions. See Center for Regulatory Reasonableness, et al. v. EPA, No. 16-1246 (D.C. Circuit). On April 21, 2017, the D.C. Circuit granted CRR's motion to indefinitely stay the briefing deadlines. Under the original briefing schedule, petitioners would have filed their opening briefs on May 8, 2017. CRR cited several justifications in its motion to stay the original briefing deadlines, including providing time for the New Hampshire small MS4 general permit's judicial review period to end, providing time to address certain questions about the administrative record, and deadlines that the petitioners were facing in non-related litigation. EPA did not oppose this motion. Motions to govern further proceedings are due July 20, 2017. On May 26, 2017, three of the petitioners (the Massachusetts Coalition of Water Resources, the City of Lowell, and the Town of Franklin, hereafter the ``Requestors'') submitted a letter asking EPA Region 1 to postpone the July 1, 2017 effective date for one year pending judicial review under section 705 of the APA. II. Discussion Upon consideration of the request, and for the reasons set forth below, EPA determined that justice requires postponement of the effective date.\2\ Therefore, pursuant to APA section 705, EPA postponed the July 1, 2017 effective date for one year to July 1, 2018. EPA is providing notice of this postponement to the public, including all petitioners, all commenters, and all known potential permittees. --------------------------------------------------------------------------- \2\ The Region 1 Regional Administrator is authorized to act on behalf of EPA in this matter pursuant to 40 CFR 124.19(l), which grants regional administrators the authority to issue final NPDES permit decisions, which includes determining when a permit will take effect. --------------------------------------------------------------------------- A. The Request The Requestors' May 26 letter asked EPA to postpone the July 1, 2017 effective date of the Massachusetts permit in the ``interests of justice'' because, the Requestors asserted, (1) the permit represents a significant expansion of EPA's CWA authority and the court must decide, among other things, whether EPA acted within its bounds by requiring that discharges meet water quality standards in addition to meeting the Maximum Extent Practicable (``MEP'') standard; (2) it will align the Massachusetts permit's effective date with the effective date of the virtually identical New Hampshire small MS4 general permit, which was issued in January 2017, raises the same legal issues, and has also been challenged in the D.C. Circuit (as well as the 1st Circuit); and (3) although irreparable harm is not required for EPA to postpone the effective date under APA section 705, without it the towns will suffer irreparable harm by immediately expending resources that may ultimately prove to be unnecessary and wasted to avoid non-compliance and risk of enforcement. B. Analysis In postponing the effective date of the Massachusetts permit, EPA stated in its findings that justice requires postponing the July 1, 2017 effective date of the Massachusetts permit for one year pending judicial review. EPA would like to explore the use of alternative dispute resolution (ADR) in this case in order to engage with the various petitioners and jointly see if there might be a resolution that could avoid the need for litigation. EPA believes that it is fair to postpone the effective date of the permit so that eligible MS4s in Massachusetts that could seek coverage under the permit would not be subject to enforceable permit terms and conditions under the Massachusetts permit that could change as a result of ADR. Postponing the effective date for one year pending judicial review should give EPA ample time to determine what, if any, changes are appropriate in the permit and to determine next steps. Pending any such decision by the Agency, postponing the effective date of the permit for one year will postpone certain obligations--and the associated costs--that would otherwise be incurred in the first year's implementation of the Massachusetts permit. Such costs would include monetary and staff time for preparation and submittal of a Notice of Intent (NOI) to be covered by the permit. Also in the first year, in the absence of the postponement of the permit's [[Page 32359]] effective date, the MS4s would have to update portions of their existing Stormwater Management Plans. Given the status of the litigation, the possibility that the parties will engage in ADR and that the Agency may decide to make changes to the permit, the Agency believes it is reasonable to defer imposition of these obligations and costs for the period of the postponement. Moreover, postponing the effective date by one year will have the benefit of matching the Massachusetts permit's effective date with the effective date of the New Hampshire small MS4 general permit, which EPA Region 1 issued on January 18, 2017 and will take effect on July 1, 2018. Various parties have filed petitions for review of the New Hampshire permit in the D.C. Circuit, as well as one petition in the U.S. Court of Appeals for the First Circuit. EPA is also interested in exploring the use of ADR in that case. EPA has filed a motion with the First Circuit to transfer the petition that was filed there to the D.C. Circuit so that all of the New Hampshire petitions may be consolidated. Aligning the effective dates could promote efficiency in the resolution of both cases by facilitating the development of a unified ADR process that would address those issues raised in both permit appeals. C. Conclusion Based on the above, EPA concluded that justice requires postponement of the effective date. Thus EPA postponed the July 1, 2017 effective date of the Massachusetts permit for one year to July 1, 2018. Dated: June 30, 2017. Ken Moraff, Acting Deputy Regional Administrator, EPA Region 1. [FR Doc. 2017-14731 Filed 7-12-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices 32357
Comments Due: 5 p.m. ET 7/17/17. DEPARTMENT OF ENERGY Conservation and Management Act; and
consultation pursuant to section 106 of
Docket Number: PR17–51–000. Federal Energy Regulatory the National Historic Preservation Act.
Applicants: Acacia Natural Gas, L.L.C. Commission m. Walden Hydro, LLC filed a Pre-
Description: Tariff filing per [Project No. 4428–010]
Application Document (PAD; including
284.123(b),(e)/: Acacia Revisions to a proposed process plan and schedule)
Update Corporate Address to be Notice of Intent To File License with the Commission, pursuant to 18
effective 6/28/2017. Application, Filing of Pre-Application CFR 5.6 of the Commission’s
Document, Approving Use of the regulations.
Filed Date: 6/28/17. n. A copy of the PAD is available for
Traditional Licensing Process: Walden
Accession Number: 201706285175. Hydro, LLC review at the Commission in the Public
Comments/Protests Due: 5 p.m. ET Reference Room or may be viewed on
7/19/17. a. Type of Filing: Notice of Intent to the Commission’s Web site (http://
File License Application and Request to www.ferc.gov), using the ‘‘eLibrary’’
Docket Number: PR17–52–000. Use the Traditional Licensing Process. link. Enter the docket number,
Applicants: Bridgeline Holdings, L.P. b. Project No.: 4428–010. excluding the last three digits in the
c. Date Filed: May 31, 2017. docket number field to access the
Description: Tariff filing per d. Submitted By: Walden Hydro, LLC.
284.123(b),(e)/: Bridgeline Revisions to document. For assistance, contact FERC
e. Name of Project: Walden Online Support at
Update Corporate Address to be Hydroelectric Project.
effective 6/28/2017. FERCOnlineSupport@ferc.gov, (866)
f. Location: On the Wallkill River, in 208–3676 (toll free), or (202) 502–8659
Filed Date: 6/28/17. Orange County, New York. No federal (TTY). A copy is also available for
Accession Number: 201706285176. lands are occupied by the project works inspection and reproduction at the
or located within the project boundary. address in paragraph h.
Comments/Protests Due: 5 p.m. ET g. Filed Pursuant to: 18 CFR 5.3 of the
7/19/17. o. The licensee states its unequivocal
Commission’s regulations. intent to submit an application for a
Docket Number: PR17–53–000. h. Potential Applicant Contact: Kevin
new license for Project No. 4428.
Webb, Enel Green Power North
Applicants: Black Hills Gas Pursuant to 18 CFR 16.8, 16.9, and 16.10
America, Inc., 100 Brickstone Square,
Distribution LLC. each application for a new license and
Suite 300, Andover, MA 01810; (978)
Description: Tariff filing per any competing license applications
935–6039; email—Kevin.Webb@
284.123(b),(e)+(g): Revised Statement of must be filed with the Commission at
enel.com.
Operating Conditions to be effective least 24 months prior to the expiration
i. FERC Contact: Jody Callihan at
6/1/2017. of the existing license. All applications
(202) 502–8278; or email at
for license for this project must be filed
Filed Date: 6/29/17. jody.callihan@ferc.gov.
j. Walden Hydro, LLC filed its request by May 31, 2020.
Accession Number: 201706295176. p. Register online at http://
to use the Traditional Licensing Process
Comments Due: 5 p.m. ET 7/20/17. www.ferc.gov/docs-filing/
on May 31, 2017, and provided public
esubscription.asp to be notified via
284.123(g) Protests Due: 5 p.m. ET notice of its request on June 6, 2017. In
email of new filing and issuances
8/28/17. a letter dated July 6, 2017, the Director
related to this or other pending projects.
of the Division of Hydropower
The filings are accessible in the For assistance, contact FERC Online
Licensing approved Walden Hydro,
Commission’s eLibrary system by Support.
LLC’s request to use the Traditional
clicking on the links or querying the Licensing Process. Dated: July 6, 2017.
docket number. k. With this notice, we are initiating Nathaniel J. Davis, Sr.,
Any person desiring to intervene or informal consultation with the U.S. Fish Deputy Secretary.
protest in any of the above proceedings and Wildlife Service and NOAA [FR Doc. 2017–14656 Filed 7–12–17; 8:45 am]
must file in accordance with Rules 211 Fisheries under section 7 of the BILLING CODE 6717–01–P
and 214 of the Commission’s Endangered Species Act and the joint
Regulations (18 CFR 385.211 and agency regulations thereunder at 50
385.214) on or before 5:00 p.m. Eastern CFR, Part 402; and NOAA Fisheries ENVIRONMENTAL PROTECTION
time on the specified comment date. under section 305(b) of the Magnuson- AGENCY
Protests may be considered, but Stevens Fishery Conservation and
intervention is necessary to become a Management Act and implementing [FRL–9964–85–Region 1]
party to the proceeding. regulations at 50 CFR 600.920. We are
also initiating consultation with the Notice of EPA’s Action To Postpone
eFiling is encouraged. More detailed the Effective Date of the EPA Region
information relating to filing New York State Historic Preservation
Officer, as required by section 106, 1 Clean Water Act National Pollutant
requirements, interventions, protests, Discharge Elimination System General
service, and qualifying facilities filings National Historic Preservation Act, and
the implementing regulations of the Permits for Stormwater Discharges
can be found at: http://www.ferc.gov/ From Small Municipal Separate Storm
docs-filing/efiling/filing-req.pdf. For Advisory Council on Historic
Sewer Systems in Massachusetts
sradovich on DSK3GMQ082PROD with NOTICES
other information, call (866) 208–3676 Preservation at 36 CFR 800.2.
(toll free). For TTY, call (202) 502–8659. l. With this notice, we are designating AGENCY: Environmental Protection
Walden Hydro, LLC as the Agency (EPA).
Dated: July 5, 2017. Commission’s non-federal ACTION: Notice.
Kimberly D. Bose, representative for carrying out informal
Secretary. consultation pursuant to section 7 of the SUMMARY: The Environmental Protection
[FR Doc. 2017–14675 Filed 7–12–17; 8:45 am] Endangered Species Act and section Agency (EPA) is providing notice that it
BILLING CODE 6717–01–P 305(b) of the Magnuson-Stevens Fishery took action to postpone the effective
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![Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices 32359
effective date, the MS4s would have to the Environmental Protection Agency’s calling Ricardi Duvil, PhD., at the
update portions of their existing Revised Total Coliform Rule. EPA has address below.
Stormwater Management Plans. Given determined that these revisions are no FOR FURTHER INFORMATION CONTACT:
the status of the litigation, the less stringent than the corresponding Ricardi Duvil, Ph.D., EPA Region 10,
possibility that the parties will engage federal regulations. Therefore, EPA Drinking Water Unit, 1200 Sixth
in ADR and that the Agency may decide intends to approve these State program Avenue, Suite 900, OWW–193, Seattle,
to make changes to the permit, the revisions. By approving these rules, EPA Washington 98101, telephone (206)
Agency believes it is reasonable to defer does not intend to affect the rights of 553–2578, email at duvil.ricardi@
imposition of these obligations and federally recognized Indian tribes epa.gov.
costs for the period of the within ‘‘Indian country,’’ nor does it
SUPPLEMENTARY INFORMATION:
postponement. intend to limit existing rights of the
Moreover, postponing the effective State of Alaska. Authority: Section 1413 of the Safe
date by one year will have the benefit Drinking Water Act, as amended (1996),
DATES: All interested parties may
of matching the Massachusetts permit’s and 40 CFR part 142 of the National
request a public hearing. A request for
effective date with the effective date of Primary Drinking Water Regulations.
a public hearing must be submitted by
the New Hampshire small MS4 general August 14, 2017 to the Acting Regional Dated: June 12, 2017.
permit, which EPA Region 1 issued on Administrator at the EPA address Michelle L. Pirzadeh,
January 18, 2017 and will take effect on shown below. Frivolous or insubstantial Acting Regional Administrator, Region 10.
July 1, 2018. Various parties have filed requests for a hearing may be denied by [FR Doc. 2017–14758 Filed 7–12–17; 8:45 am]
petitions for review of the New the Acting Regional Administrator. BILLING CODE 6560–50–P
Hampshire permit in the D.C. Circuit, as However, if a substantial request for a
well as one petition in the U.S. Court of public hearing is made by August 14,
Appeals for the First Circuit. EPA is also 2017, a public hearing will be held. If ENVIRONMENTAL PROTECTION
interested in exploring the use of ADR no timely and appropriate request for a AGENCY
in that case. EPA has filed a motion hearing is received and the Acting
[FRL–9964–68–OEI]
with the First Circuit to transfer the Regional Administrator does not elect to
petition that was filed there to the D.C. hold a hearing on his own motion, this Privacy Act of 1974; System of
Circuit so that all of the New Hampshire determination shall become final and Records
petitions may be consolidated. Aligning effective on August 14, 2017. Any
the effective dates could promote request for a public hearing shall AGENCY: Office of Environmental
efficiency in the resolution of both cases include the following information: (1) Information, Environmental Protection
by facilitating the development of a The name, address, and telephone Agency (EPA).
unified ADR process that would address number of the individual, organization, ACTION: Notice of a Modified System of
those issues raised in both permit or other entity requesting a hearing; (2) Records.
appeals. a brief statement of the requesting
person’s interest in the Acting Regional SUMMARY: Pursuant to the provisions of
C. Conclusion the Privacy Act of 1974, the
Administrator’s determination and a
Based on the above, EPA concluded brief statement of the information that Environmental Protection Agency (EPA)
that justice requires postponement of the requesting person intends to submit is giving notice that it is amending the
the effective date. Thus EPA postponed at such hearing; (3) the signature of the system of record for the National
the July 1, 2017 effective date of the individual making the request, or, if the Enforcement Training Institute (NETI)
Massachusetts permit for one year to request is made on behalf of an Online learning management system.
July 1, 2018. organization or other entity, the The SORN is being amended to change
Dated: June 30, 2017. signature of a responsible official of the the system name from NETI Online to
organization or other entity. the NETI eLearning Center and to
Ken Moraff,
ADDRESSES: All documents relating to change the system location from the
Acting Deputy Regional Administrator, EPA
this determination are available for Office of Criminal Enforcement to NETI
Region 1.
inspection between the hours of 9:00 in the Office of Compliance (the NETI
[FR Doc. 2017–14731 Filed 7–12–17; 8:45 am]
a.m. and 4:00 p.m., Monday through division). The NETI eLearning Center is
BILLING CODE 6560–50–P
Friday, at the Alaska Department of used by Federal, State, Local, and Tribal
Environmental Conservation, Drinking environmental enforcement and
Water Program, 555 Cordova Street, compliance personnel for online
ENVIRONMENTAL PROTECTION
Anchorage, Alaska 99501 and between distance learning. The NETI eLearning
AGENCY
the hours of 9:00 a.m.–12:00 p.m. and Center maintains registration
[FRL–9964–00–Region 10] 1:00–4:00 p.m. at the EPA Region 10 information of internal and external
Library, 1200 Sixth Avenue, Seattle, users and records of training attendance
Public Water Supply Supervision and completion.
Washington 98101. Copies of the
Program; Program Revision for the DATES: Persons wishing to comment on
documents which explain the rule can
State of Alaska this system of records notice must do so
also be obtained at EPA’s Web site at:
AGENCY: Environmental Protection https://www.federalregister.gov/articles/ by August 14, 2017.
2013/02/13/2012-31205/national- ADDRESSES: Submit your comments,
sradovich on DSK3GMQ082PROD with NOTICES
Agency (EPA).
ACTION: Notice of tentative approval. primary-drinking-water-regulations- identified by Docket ID No. EPA–HQ–
revisions-to-the-total-coliform-rule and OE1–2015–0201, by one of the following
SUMMARY: Notice is hereby given that https://www.federalregister.gov/articles/ methods:
the State of Alaska has revised its 2014/02/26/2014-04173/national- • www.regulations.gov: Follow the
approved State Public Water Supply primary-drinking-water-regulations- online instructions for submitting
Supervision Primacy Program. Alaska minor-corrections-to-the-revisions-to- comments.
has adopted regulations analogous to the-total-coliform, or by writing or • Email: oei.docket@epa.gov.
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Document Created: 2017-07-13 01:00:31
Document Modified: 2017-07-13 01:00:31
| 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. | |
| Dates | Postponement date is June 29, 2017. | |
| Contact | Thelma Murphy, Stormwater and Construction Permits Section OEP 06-4, Environmental Protection Agency, 5 Post Office Square--Suite 100, Boston, Massachusetts 02109-3912; | |
| FR Citation | 82 FR 32357 |
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