[Federal Register Volume 86, Number 66 (Thursday, April 8, 2021)]
[Notices]
[Pages 18283-18284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07219]


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ENVIRONMENTAL PROTECTION AGENCY

[10022-37-Region 1]


Notice of Availability of Draft NPDES Small Wastewater Treatment 
Facility General Permits in Massachusetts and New Hampshire

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability of Draft NPDES General Permits MAG580000 
and NHG580000.

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SUMMARY: The Director of the Water Division, U.S. Environmental 
Protection Agency--Region 1 (EPA), is providing a Notice of 
Availability for the Draft National Pollutant Discharge Elimination 
System (NPDES) Small Wastewater Treatment Facility General Permit (WWTF 
GP) for discharges to certain waters of the Commonwealth of 
Massachusetts and the State of New Hampshire. This Draft NPDES WWTF GP 
(``Draft General Permit'') establishes effluent limitations and 
requirements, effluent and ambient monitoring requirements, reporting 
requirements, and standard conditions for 66 eligible facilities 
currently covered by either the existing General Permit or individual 
NPDES permits (see Attachment E of the Draft General Permit for a list 
of eligible WWTFs; 34 in Massachusetts and 32 in New Hampshire). The 
Draft General Permit is available on EPA Region 1's website at https://www.epa.gov/npdes-permits/region-1-draft-small-wastewater-treatment-facilities-general-permit. 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 also available at this website.

DATES: Public comments must be received by May 10, 2021.

ADDRESSES: Written comments on the Draft General Permit may be mailed 
to U.S. EPA Region 1, Water Division, Attn: Michael Cobb, 5 Post Office 
Square, Suite 100, Mail Code 06-1, Boston, Massachusetts 02109-3912, or 
sent via email to: [email protected]. Due to the COVID-19 National 
Emergency, if comments are submitted in hard copy form, please also 
email a copy to the EPA contact above.

FOR FURTHER INFORMATION CONTACT: Additional information concerning the 
Draft General Permit may be obtained from Michael Cobb, U.S. EPA Region 
1, Water Division, 5 Post Office Square, Suite 100, Mail Code 06-1, 
Boston, MA 02109-3912; telephone: 617-918-1369; email: 
[email protected]. Following U.S. Centers for Disease Control and 
Prevention (CDC) and U.S. Office of Personnel Management (OPM) guidance 
and specific state guidelines impacting our regional offices, EPA's 
workforce has been directed to telework to help prevent transmission of 
the

[[Page 18284]]

coronavirus. While in this workforce telework status, there are 
practical limitations on the ability of Agency personnel to allow the 
public to review the administrative record in person at the EPA Boston 
office. However, any electronically available documents that are part 
of the administrative record can be requested from the EPA contact 
above.

SUPPLEMENTARY INFORMATION: 
    Public Comment Information: Interested persons may submit written 
comments on the Draft General Permit to EPA Region 1 at the address 
listed above. In reaching a final decision on this Draft General 
Permit, the Regional Administrator will respond to all significant 
comments and make responses available to the public on EPA Region 1's 
website. All comments must be postmarked or delivered by the close of 
the public comment period.
    General Information: The Draft General Permit includes effluent 
limitations and requirements for eligible facilities based on 
technology and/or water quality considerations of the unique discharges 
from these facilities. The effluent limits established in the Draft 
General Permit ensure that the surface water quality standards of the 
receiving water(s) will be attained and/or maintained.
    Obtaining Authorization: To obtain coverage under the General 
Permit, facilities meeting the eligibility requirements outlined in 
Part I of this General Permit may submit a notice of intent (NOI) in 
accordance with Part V of this General Permit and 40 CFR 
122.28(b)(2)(i) & (ii). The contents of the NOI shall include at a 
minimum, the legal name and address of the owner or operator, the 
facility name and address, type of facility or discharges, the 
receiving stream(s) and be signed by the operator in accordance with 
the signatory requirements of 40 CFR 122.22. Alternately, based on 40 
CFR 122.28(b)(2)(vi), the Director may notify a discharger that it is 
covered by a general permit, even if the discharger has not submitted 
an NOI to be covered. EPA has determined that the facilities identified 
in Attachment E of the Draft General Permit all meet the eligibility 
requirements for coverage under the Draft General Permit and may be 
authorized to discharge under the General Permit by this type of 
notification.
    Other Legal Requirements: Endangered Species Act (ESA): In 
accordance with the ESA, EPA has updated the provisions and necessary 
actions and documentation related to potential impacts to endangered 
species from WWTFs seeking coverage under the Draft General Permit. 
Concurrently with the public notice of the Draft General Permit, EPA 
has initiated an informal consultation with the National Oceanic and 
Atmospheric Administration, National Marine Fisheries Service (NOAA 
Fisheries) under ESA section 7, through the submission of a letter and 
biological assessment (BA) summarizing the results of EPA's assessment 
of the potential effects to endangered and threatened species and their 
critical habitats under NOAA Fisheries jurisdiction as a result of 
EPA's issuance of the Draft General Permit. In this document, EPA has 
made a preliminary determination that the proposed issuance of the 
Draft General Permit is not likely to adversely affect the shortnose 
sturgeon, Atlantic sturgeon, or designated critical habitat for 
Atlantic sturgeon, as well as coastal protected whales and sea turtles 
and the North Atlantic right whale critical habitat. EPA has requested 
that NOAA Fisheries review this submittal and inform EPA whether it 
concurs with this preliminary finding.
    In addition, EPA has initiated an informal consultation with the 
U.S. Fish and Wildlife Service (USFWS) under ESA section 7, through the 
submission of a letter and biological assessment (BA) summarizing the 
results of EPA's assessment of the potential effects to endangered and 
threatened species and their critical habitats under USFWS jurisdiction 
as a result of EPA's issuance of the Draft General Permit. In this 
document, EPA has made a preliminary determination that the proposed 
issuance of the Draft General Permit is not likely to adversely affect 
the dwarf wedgemussel. EPA has requested that USFWS review this 
submittal and inform EPA whether it concurs with this preliminary 
finding. EPA has completed an informal consultation with USFWS 
regarding the threatened northern long-eared bat, as activities 
conducted as part of the WWTF GP are consistent with activities 
analyzed in the USFWS January 5, 2016, Programmatic Biological Opinion 
(PBO).
    Essential Fish Habitat (EFH): Under the 1996 Amendments (Pub. L. 
104-267) to the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq. (1998)), EPA is required to consult with 
NOAA Fisheries if EPA's actions or proposed actions that it funds, 
permits or undertakes ``may adversely impact any essential fish 
habitat.'' 16 U.S.C. 1855(b). In the Fact Sheet accompanying the Draft 
General Permit, EPA notes that the general permit action minimizes 
adverse effects to aquatic organisms, including those with designated 
EFH in the receiving waters. EFH species associated with the receiving 
waters of facilities covered by the Draft General Permit may include 
Atlantic salmon as well as the life stages of a number of coastal EFH 
designated species, along with two habitat areas of particular concern. 
EPA has made the determination that additional mitigation is not 
warranted under Section 305(b)(2) of the Magnuson-Stevens Act and has 
provided this determination to NOAA Fisheries for their review.
    National Historic Preservation Act (NHPA): Facilities which 
adversely affect properties listed or eligible for listing in the 
National Registry of Historic Places under the NHPA are not authorized 
to discharge under the Draft General Permit. Based on the nature and 
location of the discharges, EPA has determined that all facilities 
eligible for authorization under the Draft General Permit do not have 
the potential to affect a property that is either listed or eligible 
for listing on the National Register of Historic Places.
    Coastal Zone Management Act (CZMA): The CZMA, 16 U.S.C. 1451 et 
seq., and its implementing regulations (15 CFR part 930) require a 
determination that any federally licensed activity affecting the 
coastal zone with an approved Coastal Zone Management Program (CZMP) is 
consistent with the CZMA. Concurrent with the public notice of the 
Draft General Permit, EPA will request that both the Executive Office 
of Environmental Affairs, MA CZM, and the Federal Consistency Officer, 
New Hampshire Coastal Program, provide a consistency concurrence that 
the proposed Draft General Permit is consistent with the MA and NH 
CZMPs.

    Authority:  This action is being taken under the Clean Water 
Act, 33 U.S.C. 1251 et seq.

Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2021-07219 Filed 4-7-21; 8:45 am]
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