[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Notices]
[Pages 17244-17245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07149]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9960-16-Region 1]


Notice of Availability of Final NPDES General Permits for 
Discharges From Potable Water Treatment Facilities in Massachusetts and 
New Hampshire: The Potable Water Treatment Facility General Permit 
(PWTF GP)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability of Final NPDES General Permits MAG640000 
and NHG640000.

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SUMMARY: The Director of the Office of Ecosystem Protection, U.S. 
Environmental Protection Agency (EPA)--Region 1, is providing a notice 
of availability of the final National Pollutant Discharge Elimination 
System (NPDES) General Permits (GP) for discharges from potable water 
treatment facilities (PWTFs) to certain waters of the Commonwealth of 
Massachusetts and the State of New Hampshire. The final General Permits 
establish Notice of Intent (NOI) requirements, effluent limitations, 
standard and special conditions, prohibitions, and best management 
practices (BMPs) for sites with discharges from potable water treatment 
facilities. These General Permits replace the previous PWTF GP that 
expired on October 2, 2014.

DATES: The General Permits shall be effective on March 6, 2017 and will 
expire five (5) years from the effective date. In accordance with 40 
CFR part 23, this permit shall be considered issued for the purpose of 
judicial review on March 20, 2017. Under section 509(b) of the Clean 
Water Act, judicial review can be had by filing a petition for review 
in the United States Court of Appeals within 120 days after the permit 
is considered issued for purposes of judicial review. 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.

FOR FURTHER INFORMATION CONTACT: Additional information concerning the 
final General Permits may be obtained between the hours of 9 a.m. and 5 
p.m. Monday through Friday, excluding holidays, from Mark Voorhees, 
U.S. EPA--Region 1, Office of Ecosystem Protection, 5 Post Office 
Square--Suite 100, Mail Code OEP06-4, Boston, MA 02109-3912; telephone: 
617-918-1537; email: [email protected].

SUPPLEMENTARY INFORMATION: EPA is reissuing two General Permits for 
wastewater discharges from potable water treatment facilities in 
Massachusetts and New Hampshire, that are generally less than or equal 
to 1.0 million gallons per day (MGD) and that use one or more of the 
following treatment processes: Clarification, Coagulation, Media 
Filtration, Membrane filtration (not including reverse osmosis), and 
Disinfection. While the final General Permits are two distinct permits, 
for convenience, EPA has grouped them together in a single document and 
has provided a single fact sheet. This document refers to the draft 
General ``Permit'' in the singular. The final General Permit, fact 
sheet, and appendices are available at: http://www.epa.gov/region1/npdes/pwtfgp.html.
    The final General Permit establishes Notice of Intent (NOI) 
requirements, effluent limitations and requirements based on 
technology-based considerations, best professional judgment (BPJ), and 
water quality considerations. The effluent limits established in the 
final General Permit assure that the surface water quality standards of 
the receiving water(s) are protected, attained, and/or maintained. The 
permit also contains BMP requirements in order to ensure EPA has the 
information necessary to ensure compliance and to ensure discharges 
meet water quality standards.
    Obtaining Authorization: In order to obtain authorization to 
discharge, PWTF operators must submit a complete and accurate NOI 
containing the information in Appendix IV of the General Permit. This 
information shall be submitted to both EPA and the appropriate state, 
as described in Appendix IV. NOIs may be submitted to EPA 
electronically or via mail at the addresses provided below:
    (1) Email: [email protected], or
    (2) Mail: Mark Voorhees, U.S. EPA--Region 1, Office of Ecosystem 
Protection, 5 Post Office Square--Suite 100, Mail Code OEP06-4, Boston, 
MA 02109-3912.
    All NOIs submitted to EPA after December 21, 2020 must be submitted 
electronically.
    Facilities currently authorized to discharge under the Expired PWTF 
GP must submit a NOI within 90 days of the effective date of the final 
General Permit. Operators with new discharges must submit a NOI at 
least 60 days prior to initiating discharges and following the 
effective date of the final General Permit. Facilities with existing 
discharges that were not authorized under the Expired PWTF GP and which 
use aluminum in their treatment process must conduct more extensive 
water quality sampling data and submit this information with the NOI 
within 6 months of the effective date of the final General Permit.
    Operators must meet the eligibility requirements of the General 
Permit prior to submission of a NOI. An operator will be authorized to 
discharge under the General Permit upon receipt of written notice from 
EPA following EPA's web posting of the submitted NOI. EPA will

[[Page 17245]]

authorize the discharge, request additional information, or require the 
operator to apply for an alternative permit or an individual permit.
    Other Legal Requirements: Endangered Species Act (ESA): EPA has 
updated the provisions and necessary actions and documentation related 
to potential impacts to endangered species from facilities seeking 
coverage under the PWTF GP. EPA has received concurrence from the 
National Marine Fisheries Service in connection with this General 
Permit.
    In the fact sheet that accompanied the draft General Permit, EPA 
stated that we would seek concurrence from the U.S. Fish and Wildlife 
Service (USFWS) regarding our determination of effect on endangered 
species under their jurisdiction. Following the release of the draft 
General Permit, EPA had discussions with USFWS on this matter. Based on 
discussions with USFWS, EPA has determined that this General Permit has 
``no effect.'' The reason for this determination is because each Notice 
of Intent (NOI) that is submitted must assess site specific endangered 
species impacts using USFWS' Information, Planning, and Conservation 
(IPac) Web site, available at https://ecos.fws.gov/ipac/. Based on the 
findings using this Web site, the applicant can either make a 
determination of impacts or if there are questions, seek input from 
USFWS directly. Since each NOI is individually screened prior to 
submission, the General Permit has no effect.
    National Historic Preservation Act (NHPA): In accordance with NHPA, 
EPA has established provisions and documentation requirements for sites 
seeking coverage under the PWTF GP to ensure that discharges or actions 
taken under this General 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: March 9, 2017.
Deborah A. Szaro,
Acting Regional Administrator, Region 1.
[FR Doc. 2017-07149 Filed 4-7-17; 8:45 am]
 BILLING CODE 6560-50-P