[Federal Register Volume 68, Number 84 (Thursday, May 1, 2003)]
[Notices]
[Pages 23308-23309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10762]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7491-4]


Notice of Final Issuance of a National Pollutant Discharge 
Elimination System (NPDES) General Permit for Storm Water Discharges 
From Small Municipal Separate Storm Sewer Systems in the States of 
Massachusetts and New Hampshire and Indian Lands in the States of 
Connecticut, Massachusetts, and Rhode Island and Federal Facilities in 
Vermont

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Final Issuance of NPDES General Permits MAR040000; 
NHR040000; MAR04000I; CTR04000I; RIR04000I and VTR04000F.

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SUMMARY: The Environmental Protection Agency--Region 1, is today 
providing notice of final issuance of a National Pollutant Discharge 
Elimination System (NPDES) general permits for storm water discharges 
from small municipal separate storm sewer systems (MS4s) in the States 
of Massachusetts, New Hampshire, for federal facilities in the State of 
Vermont, and for Indian Country lands in the States of Connecticut, 
Massachusetts, and Rhode Island. The final NPDES general permits 
establish Notice of Intent (NOI) requirements, standards, prohibitions, 
and management practices for discharges of storm water from municipal 
separate storm sewer systems.
    Owners and/or operators of small MS4s that discharge storm water 
will be required to submit an NOI to EPA--Region 1 to be covered by the 
general permit and will receive a written notification from EPA--Region 
1 of permit coverage and authorization to discharge under the general 
permit. This general permit does not cover new sources as defined at 40 
CFR 122.2.

DATES: The effective date of the permit is May 1, 2003. The permit will 
expire five years from the effective date. The Notice of Intent 
required by the permit must be submitted no later than July 30, 2003.

ADDRESSES: The final permit is based on an administrative record 
available for public review at EPA--Region 1, Office of Ecosystem 
Protection (CMU), 1 Congress Street, Suite 1100, Boston, Massachusetts 
02114-2023. Copies of information in the record are available upon 
request. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Additional information concerning the 
final permit may be obtained between the hours of 9 a.m. and 5 p.m. 
Monday through Friday excluding holidays from: Thelma Murphy, Office of 
Ecosystem Protection, Environmental Protection Agency, 1 Congress 
Street, Suite 1100, Boston, MA 02114-2023; telephone: 617-918-1615; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION: The final general permit and the Response to 
Comments may be viewed over the Internet via the EPA--Region 1 Web site 
http://www.epa.gov/ne/npdes/index.html. To obtain a hard copy of the 
document, please contact Thelma Murphy. Contact information is provided 
above. A reasonable fee may be charged for copying requests. The 
Response to Comments document addresses comments received on the draft 
permit and identifies parts of the final permit which were changed 
based on the comments received on the draft permit.
    Pursuant to section 402 of the Clean Water Act, 33 U.S.C. 1342, EPA 
proposed and solicited public comment on NPDES draft general permits: 
MAR04000, NHR040000, MAR04000I, CTR04000I, RIR04000I and VTR04000F at 
67 FR 61103 (September 27, 2002). Region 1 held four informational 
public meetings and one public hearing. The Region received comments 
from communities, transportation agencies, watershed associations, and 
private citizens. Based on the comments received, some changes were 
made to the permit. Two addenda, one for endangered species and the 
other for historic properties, were added to the final permit. The 
purpose of the addenda is to provide guidance for municipalities in 
determining permit eligibility regarding endangered species and 
historic properties. Watershed specific requirements contained in the 
Massachusetts section of the general permit have been removed. 
Infiltration language has been clarified. Record retention has been 
increased from three years to five years. Other comments and questions 
are addressed in the response to comments document.

Other Legal Requirements

A. State Certification

    Under section 401(a)(1) of the Act, EPA may not issue an NPDES 
permit until the state in which the discharge will originate grants or 
waives certification to ensure compliance with appropriate requirements 
of the Act and state law. The Region received certifications from the 
Commonwealth of Massachusetts and the State of New Hampshire.

B. Economic Impact (Executive Order 12866)

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may have an annual effect 
on the economy of $100 million or more or adversely affect in a 
material way the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or state, 
local, or tribal governments or communities; create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency, materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or raise novel legal or policy issues arising out 
of legal mandates, the President's priorities, or the principles set 
forth in the Executive Order. EPA has determined that this general 
permit is not a ``significant regulatory action'' under the terms of

[[Page 23309]]

Executive Order 12866 and is therefore not subject to formal OMB review 
prior to proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq, requires that 
EPA prepare a regulatory flexibility analysis for regulations that have 
a significant impact on a substantial number of small entities. The 
permit being issued is not a ``rule'' subject to the Regulatory 
Flexibility Act.

D. Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law 
104-4, generally requires Federal agencies to assess the effects of 
their ``regulatory actions'' on State, local and tribal governments and 
the private sector. UMRA uses the term ``regulatory actions'' to refer 
to regulations. ( See, e.g., UMRA section 201, ``Each agency shall * * 
* assess the effects of Federal regulatory actions * * * (other than to 
the extent that such regulations incorporate requirements specifically 
set forth in law)'' (emphasis added)). UMRA section 102 defines 
``regulation'' by reference to section 658 of Title 2 of the U.S. Code, 
which in turn defines ``regulation'' and ``rule'' by reference to 
section 601(2) of the Regulatory Flexibility Act (RFA). That section of 
the RFA defines ``rule'' as ``any rule for which the agency publishes a 
notice of proposed rulemaking pursuant to section 553(b) of the 
Administrative Procedure Act (APA), or any other law * * * '' NPDES 
general permits are not ``rules'' under the APA and thus not subject to 
the APA requirements to publish a notice of proposed rulemaking. NPDES 
general permits are also not subject to such a requirement under the 
Clean Water Act. While EPA publishes a notice to solicit public comment 
on draft general permits, it does so pursuant to the CWA section 402(a) 
requirement to provide ``an opportunity for a hearing.'' Thus, NPDES 
general permits are not ``rules'' for RFA or UMRA purposes.

    Dated: April 21, 2003.
Robert W. Varney,
Regional Administrator, Region 1.
[FR Doc. 03-10762 Filed 4-30-03; 8:45 am]
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