[Federal Register Volume 85, Number 4 (Tuesday, January 7, 2020)]
[Notices]
[Pages 708-709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28510]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10003-91-Region 1]


Notice of Availability of Draft NPDES Great Bay Total Nitrogen 
General Permit for Wastewater Treatment Facilities in New Hampshire

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability of Draft NPDES General Permit NHG58A000.

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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) Great Bay Total Nitrogen General Permit for certain 
discharges from Wastewater Treatment Facilities (WWTFs) to certain 
waters of the State of New Hampshire. This Draft NPDES Great Bay Total 
Nitrogen General Permit (``Draft General Permit'') establishes effluent 
limitations and requirements, effluent and ambient monitoring 
requirements, reporting requirements and standard conditions for 13 
eligible WWTFs in New Hampshire. The Draft General Permit is available 
on EPA Region 1's website at https://www.epa.gov/npdes-permits/draft-great-bay-total-nitrogen-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. The Draft General Permit only authorizes the discharge of 
nitrogen from 13 eligible WWTFs. The discharge of all other pollutants 
from these WWTFs will continue to be authorized by each WWTF's 
respective individual NPDES permit.

DATES: Public comments must be received by March 9, 2020.

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: Cobb.Michael@epa.gov. No facsimiles (faxes) will be 
accepted.

FOR FURTHER INFORMATION CONTACT: Additional information concerning the 
Draft General Permit may be obtained between the hours of 9 a.m. and 5 
p.m. Monday through Friday, excluding holidays 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: 
Cobb.Michael@epa.gov. The Draft General Permit is based on an 
administrative record available for review at U.S. EPA Region 1, Water 
Division, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-
3912. A reasonable fee may be charged for copying requests.

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. Additionally, pursuant to 40 CFR 124.12 EPA will hold a 
public hearing during the comment period for any interested persons to 
submit oral comments. EPA will post the details of the public hearing 
at EPA Region 1's website listed above and will notify via email the 
eligible Permittees and any other party who requests to be notified. 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 at EPA's Boston office. All comments 
must be postmarked or delivered by the close of the public comment 
period.
    General Information: The Draft General Permit includes nitrogen 
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) will be attained and/or maintained. The permit also contains 
ambient monitoring requirements to ensure EPA has the information 
necessary to track the effectiveness of the permit in meeting water 
quality standards.
    Obtaining Authorization: To obtain coverage under the Draft General 
Permit, facilities identified in Part 1.1 of this General Permit may 
submit a notice of intent (NOI) in accordance with 40 CFR 
122.28(b)(2)(i) & (ii). The contents of the notice of intent 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 (or treatment works treating domestic sewage) that it is 
covered by a general permit, even if the discharger (or treatment works 
treating domestic sewage) has not submitted a notice of intent to be 
covered. EPA has determined that the 13 facilities identified in Part 
1.1 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: 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 Draft General Permit. Concurrently 
with the public notice of the Draft General Permit, 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 
issuance of the Draft General Permit. In this document, EPA has 
preliminarily concluded 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. EPA has requested that NMFS review this submittal and inform 
EPA whether it concurs with this preliminary finding.
    Concurrently with the public notice of the Draft General Permit, 
EPA has also submitted a letter to United States Fish and Wildlife 
Service (USFWS) 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 issuance of the Draft General 
Permit. In this document, EPA has preliminarily concluded that the 
Draft General Permit will have no effect on the small whorled pogonia 
or Northern long-eared bat, and may affect, but is not likely to 
adversely affect roseate tern, red knot, or piping plover. EPA has 
requested that USFWS review this submittal and inform EPA whether it 
concurs with this preliminary finding.
    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 the 13 facilities 
eligible for authorization under the Draft General Permit do not have 
the potential

[[Page 709]]

to affect a property that is either listed or eligible for listing on 
the National Register of Historic Places.

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

    Dated: December 19, 2019.
Dennis Deziel,
Regional Administrator, EPA Region 1.
[FR Doc. 2019-28510 Filed 1-6-20; 8:45 am]
 BILLING CODE 6560-50-P


