[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Notices]
[Pages 65389-65390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20557]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-11280-01-R1]


Notice of Availability of Draft NPDES Non-Contact Cooling Water 
General Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of draft NPDES General Permits MAG250000 
and NHG250000.

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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) Non-Contact Cooling Water General Permit (Draft NCCW GP) 
for discharges to certain waters of the Commonwealth of Massachusetts 
and the State of New Hampshire. This Draft NCCW GP establishes effluent 
limitations and requirements, effluent and ambient monitoring 
requirements, reporting requirements, and standard conditions for 
existing facilities with non-contact cooling water discharges. The 
Draft NCCW GP is available on EPA Region 1's website at https://www.epa.gov/npdes-permits/noncontact-cooling-water-general-permit-nccw-gp-massachusetts-new-hampshire. The Fact Sheet for the Draft NCCW GP 
sets forth principal facts and the significant factual, legal, 
methodological, and policy questions considered in the development of 
the Draft Permit and is also available at this website.

DATES: The public comment period will be open until November 21, 2023. 
See EPA's web page for the applicable dates, https://www.epa.gov/npdes-permits/noncontact-cooling-water-general-permit-nccw-gp-massachusetts-new-hampshire.

ADDRESSES: Written comments on the Draft NCCW GP may be sent via email 
to: [email protected]. If requesting to submit comments in 
hard copy form, please reach out to the EPA contact above.

FOR FURTHER INFORMATION CONTACT: The administrative record and 
additional information concerning the Draft NCCW GP may be obtained 
from George Papadopoulos via telephone: 617-918-1579 or email 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Public Comment Information: Interested persons may submit written 
comments on the Draft NCCW GP to EPA Region 1 at the address listed

[[Page 65390]]

above. In reaching a final decision on this Draft 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 NCCW GP 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 
NCCW GP 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 1 of this General Permit may submit a notice of intent (NOI) in 
accordance with Part 5 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 requirements of 40 CFR 122.22.
    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 threatened 
and endangered species from discharges of NCCW eligible for coverage 
under the Draft NCCW GP. Concurrently with the public notice of the 
Draft NCCW GP, EPA plans to initiate 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 biological assessment (BA) and request for concurrence 
letter 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 NCCW GP.
    In this document, EPA has made a preliminary determination that the 
proposed issuance of the Draft NCCW GP is not likely to adversely 
affect the shortnose sturgeon, Atlantic sturgeon, Atlantic sturgeon 
designated critical habitat, leatherback sea turtles, loggerhead sea 
turtles, Kemp's ridley sea turtles, green sea turtles, North Atlantic 
right whales, North Atlantic right whale designated critical habitat 
and fin whales. EPA plans to request that NOAA Fisheries review this 
submittal and inform EPA whether it concurs with this preliminary 
finding. In addition, EPA has addressed its responsibilities with the 
U.S. Fish and Wildlife Service (USFWS) under ESA section 7, through an 
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 NCCW GP. As part of the 
assessment, EPA prepared an Effects Determination for the endangered 
northern long eared bat. The USFWS recorded the determination of ``No 
Effect'' on the northern long-eared bat by letter, dated March 30, 
2023.\1\ The determination of ``No Effect'' concluded EPA's 
consultation responsibilities for the NCCW GP NPDES permitting action 
under ESA section 7(a)(2) with respect to the northern long-eared bat. 
EPA also made the assessment that no action areas expected to be 
covered by the Draft NCCW GP overlap with the documented habitat of the 
dwarf wedgemussel \2\ in the Connecticut River Watershed. Therefore, no 
ESA section 7 consultation is required for the dwarf wedgemussel with 
USFWS for this GP.
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    \1\ USFWS New Hampshire Project code: 2022-0065502, March 30, 
2023. USFWS Massachusetts Project code: 2022-0065493, March 30, 
2023.
    \2\ https://ipac.ecosphere.fws.gov/.
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    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 
NCCW GP, 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 NCCW GP may include Atlantic salmon 
as well as the life stages of a number of coastal EFH designated 
species, along with three 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 NCCW GP. EPA is requesting that facilities 
certify, prior to obtaining coverage, that there are either no historic 
properties present or that their discharge and related activities do 
not have the potential to impact historic properties.
    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, EPA will request that the 
Executive Office of Environmental Affairs, MA CZM, Project Review 
Coordinator provide a consistency concurrence that the proposed Draft 
NCCW GP is consistent with the MA CZMP.
    Concurrent with the public notice, EPA will request that the New 
Hampshire Coastal Program, Project Review Coordinator, provide a 
consistency concurrence that the proposed Draft NCCW GP is consistent 
with the NH CZMP.
    Authority: This action is being taken under the Clean Water Act, 33 
U.S.C. 1251 et seq.

David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2023-20557 Filed 9-21-23; 8:45 am]
BILLING CODE 6560-50-P