[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Notices]
[Pages 42118-42119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17932]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9981-13-Region 1]


Notice of Availability of Draft NPDES General Permits for 
Hydroelectric Generating Facilities in Massachusetts and New Hampshire: 
The HYDRO General Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of draft NPDES General Permits MAG360000 
and NHG360000.

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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 Draft National Pollutant Discharge Elimination 
System (NPDES) General Permits for certain discharges from 
hydroelectric generating facilities to certain waters of the 
Commonwealth of Massachusetts and the State of New Hampshire. These 
Draft NPDES General Permits establish Notice of Intent (NOI), Notice of 
Change (NOC), and Notice of Termination (NOT) requirements, effluent 
limitations and requirements, standard conditions and best management 
practices (BMP) plan requirements for hydroelectric generating 
facilities that meet the eligibility criteria in Massachusetts and New 
Hampshire. The Draft Permits will be available on EPA Region 1's 
website at https://www.epa.gov/npdes-permits/hydroelectric-generating-facilities-general-permit-hydrogp-massachusetts-new-hampshire. These 
General Permits will replace the HYDROGP that expired on December 7, 
2014.

DATES: Public comments must be received by October 19, 2018.

ADDRESSES: Written comments on the Draft General Permits may be mailed 
to U.S. EPA Region 1, Office of Ecosystem Protection, Attn: George 
Papadopoulos, 5 Post Office Square, Suite 100, Mail Code OEP-06-1, 
Boston, Massachusetts 0219-3912, or sent via email to: 
[email protected]. No facsimiles (faxes) will be accepted. 
The Draft HYDROGP is based on an administrative record available for 
review at EPA-Region 1, Office of Ecosystem Protection, 5 Post Office 
Square, Suite 100, Boston, Massachusetts 02109-3912. A reasonable fee 
may be charged for copying requests. The Fact Sheet for the Draft 
General Permit sets forth principal facts and the significant factual, 
legal, methodological, and policy questions considered in the 
development of the Draft General Permit and is available upon request.

FOR FURTHER INFORMATION CONTACT: Additional information concerning the 
Draft General Permits may be obtained between the hours of 9 a.m. and 5 
p.m. Monday through Friday, excluding holidays from George 
Papadopoulos, U.S. EPA--Region 1, Office of Ecosystem Protection, 5 
Post Office Square--Suite 100, Mail Code OEP06-1, Boston, MA 02109-
3912; telephone: 617-918-1579; email: [email protected].

SUPPLEMENTARY INFORMATION: 
    Public Comment Information: Interested persons may submit written 
comments on the Draft General Permits to EPA-Region 1 at the address 
listed above. Within the comment period, interested persons may also 
request, in writing, that EPA hold a public hearing pursuant to 40 CFR 
124.12, concerning the Draft General Permits. Such requests shall state 
the nature of the issues proposed to be raised at the hearing. A public 
hearing may be held at least thirty (30) days after public notice 
whenever the Regional Administrator finds that response to this notice 
indicates significant public interest. In reaching a final decision on 
these Draft General Permits, the Regional Administrator will respond to 
all significant comments and make responses available to the public at 
EPA's Boston office. All comments and requests for public hearings must 
be postmarked or delivered by the close of the public comment period.
    General Information: EPA is reissuing two General Permits for the 
following discharges from hydroelectric generating facilities: (1) 
Equipment-related cooling water (both contact and non-contact), (2) 
equipment and floor drain water, (3) maintenance-related water from 
sump dewatering, (4) facility maintenance-related water during flood/
high water events, and (5) equipment-related backwash strainer water. 
The two General Permits are: MAG360000 for Massachusetts facilities and 
NHG360000 for New Hampshire facilities.
    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 Draft General Permit, appendices 
and attachments are available at https://www.epa.gov/npdes-permits/hydroelectric-generating-facilities-general-permit-hydrogp-massachusetts-new-hampshire.
    The Draft General Permit includes effluent limitations and 
requirements based on water quality considerations. The effluent limits 
established in the Draft General Permit ensure that the surface water 
quality standards of the receiving water(s) are attained and/or 
maintained. The permit also contains BMP plan requirements 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, operators of existing discharges, including those facilities 
with coverage under the HYDROGP that expired on December 7, 2014 or 
with individual NPDES permits that meet the eligibility criteria of 
this General Permit and whose operators seek authorization under this 
General Permit, must file a new NOI found in Appendix 4 to EPA and the 
respective State for coverage within sixty (60) days of the effective 
date of this permit reissuance. Operators with new discharges must 
submit a NOI at least thirty (30) days prior to the commencement of 
discharges. EPA will authorize the discharge, request additional 
information, or require the operator 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, EPA/OEP HYDROGP 
Applications Coordinator, 5 Post Office Square--Suite 100 (OEP06-1), 
Boston, Massachusetts 02109-3912. If required to do so, an operator 
must also submit a copy of the NOI to the Massachusetts Department of 
Environmental Protection or the New Hampshire Department of 
Environmental Services. An operator will be authorized to discharge 
under the General Permit upon the date

[[Page 42119]]

indicated in written notice from EPA following EPA's web posting of the 
submitted NOI.
    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 
sites seeking coverage under the General Permit. Concurrently with the 
public notice of the Draft HYDROGP, EPA has submitted a letter to 
National Marine Fisheries Service (NMFS) summarizing the results of 
EPA's assessment of the potential effects to endangered and threatened 
species and their critical habitats as a result of EPA's reissuance of 
the HYDROGP. In this document, EPA has concluded that the proposed 
reissuance of the HYDROGP is not likely to adversely affect (NLAA) the 
shortnose sturgeon, Atlantic sturgeon, or designated critical habitat 
for Atlantic sturgeon. EPA has requested that NMFS review this 
submittal and inform EPA whether it concurs with this preliminary 
finding.
    In the Fact Sheet accompanying the Draft HYDROGP, EPA seeks 
concurrence from the U.S. Fish and Wildlife Service (USFWS) regarding 
our determination of effect on endangered species under its 
jurisdiction. Based on other General Permit proceedings, EPA has 
tentatively determined that the Draft HYDROGP will have ``no effect.'' 
The reason for this determination is because each NOI that is submitted 
must assess site specific endangered species impacts using USFWS' 
Information, Planning, and Conservation (IPaC) website, available at 
https://ecos.fws.gov/ipac/. By using this website, 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, EPA has tentatively determined that the Draft 
HYDROGP will have ``no effect.''
    National Historic Preservation Act (NHPA): In accordance with NHPA, 
EPA has established provisions and documentation requirements for sites 
seeking coverage under the General Permit 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: July 10, 2018.
Alexandra Dapolito Dunn,
Regional Administrator.
[FR Doc. 2018-17932 Filed 8-17-18; 8:45 am]
 BILLING CODE 6560-50-P