[Federal Register Volume 75, Number 23 (Thursday, February 4, 2010)]
[Notices]
[Pages 5788-5790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2399]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9109-2]
Notice of Availability of Draft National Pollutant Discharge
Elimination System (NPDES) General Permits for Small Municipal Separate
Storm Sewer Systems (MS4)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability of draft NPDES general permits.
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SUMMARY: The Director of the Office of Ecosystem Protection,
Environmental Protection Agency-Region 1 (EPA), is issuing this Notice
of Availability of Draft NPDES general permits for discharges from
small MS4s to certain waters of the Commonwealth of Massachusetts.
These draft NPDES general permits establish Notice of Intent (NOI)
requirements, prohibitions, and management practices for stormwater
discharges from small MS4s. EPA is proposing to issue three general
permits. Throughout this document the terms ``this permit'' and ``the
permit'' will refer to all three general permits.
Owner and/or operators of small MS4s that discharge stormwater will
be required to submit a NOI to EPA-Region 1 to be covered by the
general permit. Following a review and public notice of the NOI, MS4s
will receive a written notification from EPA regarding permit coverage
and authorization to discharge under the general permit. The
eligibility requirements are discussed in the draft permit. The small
MS4 must meet the eligibility requirements of the permit prior to the
submission of the NOI.
The draft general permit, appendices, and fact sheet are available
at: http://www.epa.gov/region1/npdes/stormwater
DATES: The public comment period is from the February 4, 2010 to March
31, 2010. Interested persons may submit comments on the draft general
permit as part of the administrative record to the EPA-Region 1, at the
address given below, no later than midnight March 31, 2010. The general
permit shall be effective on the date specified in the Federal Register
publication of the Notice of Availability of the final general permit.
The final general permit will expire five years from the effective
date.
ADDRESSES: Submit comments by one of the following methods:
E-mail: [email protected].
Mail: Thelma Murphy, U.S. EPA--Region 1, 5 Post Office
Square--Suite 100, Mail Code--OEP06-4, Boston, MA 02109-3912.
No facsimiles (faxes) will be accepted.
The draft permit is based on an administrative record available for
public review at EPA-Region 1, Office of Ecosystem Protection, 5 Post
Office Square--Suite 100, Boston, Massachusetts 02109-3912. The
following SUPPLEMENTARY INFORMATION section sets forth principal facts
and the significant factual, legal, and policy questions considered in
the development of the draft permit. A reasonable fee may be charged
for copying requests.
Public Meeting Information: EPA--Region 1 will hold a public
meeting to provide information about the draft general permit and its
requirements. The public meeting will include a brief presentation on
the draft general permits and a brief question and answer session.
Written, but not oral, comments for the official draft permit record
will be accepted at the public meeting. The public meeting will be held
at the following time and location: Thursday--March 18, 2010, Thomas P.
O'Neil, Jr. Federal Building, 10 Causeway Street--Auditorium First
Floor, Boston, MA 02222, 9 a.m.-10 a.m.
Public Hearing Information: Following the public meeting, a public
hearing will be conducted in accordance with 40 CFR 124.12 and will
provide interested parties with the opportunity to provide written and/
or oral
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comments for the official draft permit record. The public hearing will
be held at the following time and location: Thursday--March 18, 2010,
Thomas P. O'Neil, Jr. Federal Building, 10 Causeway Street--Auditorium
First Floor, Boston, MA 02222, 10:15 a.m.
FOR FURTHER INFORMATION CONTACT: Additional information concerning the
draft 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, 5 Post Office
Square--Suite 100, Boston, MA 02109-3912; telephone: 617-918-1615;
email: [email protected].
SUPPLEMENTARY INFORMATION:
Background of Proposed Permit
As stated previously, the Director of the Office of Ecosystem
Protection, EPA--Region 1, is proposing to reissue three NPDES general
permits for the discharge of stormwater from small MS4s to certain
waters within the Commonwealth of Massachusetts. The three permits are:
MAR041A00--Traditional cities and towns.
MAR042A00--Non-traditional state/federal owned systems.
MAR043A00--Non-traditional transportation systems.
The conditions in the draft permit are established pursuant to
Clean Water Act (CWA) section 402(p)(3)(iii) to ensure that pollutant
discharges from small MS4s are reduced to the maximum extent
practicable (MEP), protect water quality, and satisfy the appropriate
requirements of the CWA. The regulations at 40 CFR 122.26(b)(16) define
a small municipal separate storm sewer system as ``* * * all separate
storm sewers that are:
(1) Owned or operated by the United States, a State, city, town,
borough, county, parish, district, association, or other public body
(created by or pursuant to State law) having jurisdiction over disposal
of sewage, industrial wastes, stormwater, or other wastes, including
special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian
tribe or an authorized Indian tribal organization, or a designated and
approved management agency under section 208 of the CWA that discharges
to waters of the United States.
(2) Not defined as `large' or `medium' municipal separate storm
sewer systems pursuant to paragraphs (b)(4) or (b)(7) or designated
under paragraph (a)(1)(v) of this section [40 CFR 122.26].
(3) This term includes systems similar to separate storm sewer
systems in municipalities such as systems at military bases, large
hospital or prison complexes, and highways or other thoroughfares. The
term does not include separate storm sewers in very discrete areas,
such as individual buildings.''
For example, an armory located in an urbanized area would not be
considered a regulated small MS4.
The draft general permit sets forth the requirements for the small
MS4 to ``reduce the discharge of pollutants to the maximum extent
practicable, including management practices, control techniques, and
system, design and engineering methods * * *''(See section
402(p)(3)(B)(iii) of the CWA). MEP is the statutory standard that
establishes the level of pollutant reductions that MS4 operators must
achieve. EPA believes implementation of best management practices
(BMPs) designed to control storm water runoff from the MS4 is generally
the most appropriate approach for reducing pollutants to satisfy the
MEP standard. Pursuant to 40 CFR 122.44(k), the draft permit contains
BMPs, including development and implementation of a comprehensive
stormwater management program (SWMP) as the mechanism to achieve the
required pollutant reductions.
Section 402(p)(3)(B)(iii) of CWA also authorizes EPA to include in
an MS4 permit ``such other provisions as [EPA] determine appropriate
for control of * * * pollutants.'' EPA believes that this provision
forms a basis for imposing water quality-based effluent limitations
(WQBELs), consistent with the authority in Section 301(b)(1)(C) of the
CWA. See Defenders of Wildlife v. Browner. 191 F.3d 1159 (9th Cir.
1999): see also EPA's preamble to the Phase II regulations, 64 FR
68722, 68753, 68788 (Dec 8, 1999). Accordingly, the draft permits
contain the water quality-based effluent limitations, expressed in
terms of BMPs, which EPA has determined are necessary and appropriate
under the CWA.
EPA--Region 1 issued a final general permit to address stormwater
discharges from small MS4s on May 1, 2003. The 2003 general permit
required small MS4s to develop and implement a SWMP designed to control
pollutants to the maximum extent practicable and protect water quality.
This draft permit builds on the requirements of the previous general
permit.
EPA views the MEP standard in the CWA as an iterative process. MEP
should continually adapt to current conditions and BMP effectiveness.
EPA believes that compliance with the requirements of this general
permit will meet the MEP standard. The iterative process of MEP
consists of a municipality developing a program consistent with
specific permit requirements, implementing the program, evaluating the
effectiveness of the BMPs included as part of the program, then
revising those parts of the program that are not effective at
controlling pollutants, then implementing the revisions, and evaluating
again. The changes contained in the draft general permits reflect the
iterative process of MEP. Accordingly, the draft general permits
contain more specific tasks and details than the 2003 general permit.
Summary of Permit Conditions
Obtaining Authorization
In order for a small MS4 to obtain authorization to discharge, it
must submit a complete and accurate NOI containing the information in
Appendix F of the draft general permit. The NOI must be submitted
within 90 days of the effective date of the final permit. The effective
date of the final permit will be specified in the Federal Register
publication of the Notice of Availability of the final permit. A small
MS4 must meet the eligibility requirements of the general permit found
in Part 1.2 and Part 1.9 prior to submission of its NOI. A small MS4
will be authorized to discharge under the permit upon the effective
date of coverage. The effective date of coverage is upon receipt of
written notice from EPA following a public notice of the NOI.
The draft general permit provides interim coverage for permittees
covered by the previous permit and whose coverage was effective upon
the expiration date of that permit (May 1, 2008). For those discharges
covered by the previous permit, authorization under the previous permit
is continued automatically on an interim basis for up to 180 days from
the effective date of the final permit. Interim coverage will terminate
earlier than the 180 days when a complete and accurate NOI has been
submitted by the small MS4 and coverage is either granted or denied. If
a permittee was covered under the previous permit and submitted a
complete and accurate NOI in a timely manner, and notification of
authorization under the final permit has not occurred within 180 days
of the effective date of the final permit, the permittee's
authorization under the previous permit can be continued beyond 180
days on an interim basis. Interim coverage will terminate after
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authorization under this general permit, an alternative permit, or
denial of permit coverage.
EPA--Region 1 will provide an opportunity for the public to comment
on each NOI that is submitted. Following the public notice, EPA--Region
1 will either authorize the discharge, request additional information,
or require the small MS4 to apply for an alternative permit or an
individual permit.
Water Quality-Based Effluent Limitations
The draft permit includes provisions to ensure that discharges do
not cause or contribute to exceedances of water quality standards. The
provisions in Parts 2.1, 2.2, and 2.3 of the general permit constitute
the water quality-based effluent limitations of the permit. The purpose
of this part of the permit is to establish the board inclusion of water
quality-based effluent limitations for those discharges requiring
additional controls in order to achieve water quality standards and
other water quality related objectives, consistent with 40 CFR
122.44(d). The non-numeric effluent limitation requirements of this
permit are expressed in the form of control measures and BMPs (see Part
2.4 of the general permit).
Non-Numeric Effluent Limitations
When EPA has not promulgated effluent limitations for a category of
discharges, or if an operator is discharging a pollutant not covered by
an effluent limitation guideline, effluent limitations may be based on
the best professional judgment (BPJ) of the agency or permit writer.
The BPJ limits in the general permit are in the form of non-numeric
control measures, commonly referred to as best management practices
(BMPs). Non-numeric limits are employed under limited circumstances, as
described in 40 CFR 122.44(k). EPA has interpreted the CWA to allow
BMPs to take the place of numeric effluent limitations under certain
circumstances. 40 CFR 122.44(k) provides that permits may include BMPs
to control or abate the discharge of pollutants when: ``(1)
[a]uthorized under section 304(e) of the CWA for the control of toxic
pollutants and hazardous substances form ancillary industrial
activities; (2) [a]uthorized under section 402(p) of the CWA for the
control of stormwater discharges; (3) [n]umeric effluent limitations
are infeasible; or (4) [t]he practices are reasonable to achieve
effluent limitations and standards or to carry out the purposes and
intent of the CWA.'' The permit regulates stormwater discharges using
BMPs. Due to the variability associated with stormwater, EPA believes
the use of BMPs is the most appropriate method to regulate discharges
of stormwater from municipal systems in accordance with the above
referenced regulation.
The draft permit requires small MS4s to continue to control
stormwater discharges from the municipal system in a manner designed to
reduce the discharge of pollutant to the maximum extent practicable and
to protect water quality. The small MS4s are required to implement a
SWMP consisting of control measures. These control measures include the
following: public education and outreach; public participation; illicit
discharge detection and elimination; construction stormwater
management; stormwater management in new development and redevelopment;
and good housekeeping in municipal operations. Implementation of the
SWMP involves the identification of BMPs and measurable goals for BMPs.
The draft permit identifies an objective for each control measure. The
small MS4 must implement the control measures required by the general
permit and document actions in the SWMP that demonstrate progress
toward achievement of the objective of the control measure. The permit
also contains outfall monitoring requirements that are associated with
implementation of the illicit discharge detection and elimination
program, recordkeeping and reporting.
Dated: January 25, 2010.
H. Curtis Spalding,
Regional Administrator, Region 1.
[FR Doc. 2010-2399 Filed 2-3-10; 8:45 am]
BILLING CODE 6560-50-P