[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7175-7176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02525]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL 9531-01-R1]


Notice of Availability of Draft NPDES Medium Wastewater Treatment 
Facilities General Permit for Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of draft NPDES general permit MAG590000.

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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) Medium Wastewater Treatment Facilities General Permit 
(Medium WWTF GP) for discharges to certain waters of the Commonwealth 
of Massachusetts. This Draft NPDES Medium WWTF GP (``Draft General 
Permit'') establishes effluent limitations and requirements, effluent 
and ambient monitoring requirements, reporting requirements, and 
standard conditions for 44 eligible facilities that are currently 
covered by individual NPDES permits (see Attachment E of the Draft 
General Permit for a list of eligible WWTFs). The Draft General Permit 
is available on EPA Region 1's website at https://www.epa.gov/npdes-permits/region-1-draft-medium-wastewater-treatment-facilities-general-permit-massachusetts. 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: Comments must be received on or before April 11, 2022.

ADDRESSES: Written comments on the Draft General Permit may be mailed 
to U.S. EPA Region 1, Water Division, Attn: Michele Duspiva, 5 Post 
Office Square, Suite 100, Mail Code 06-4, 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 Michele Duspiva, U.S. EPA 
Region 1, Water Division, 5 Post Office Square, Suite 100, Mail Code 
06-4, Boston, MA 02109-3912; telephone: 617-918-1682; 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 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

[[Page 7176]]

requirements outlined in Part I of this General Permit may submit a 
notice of intent (NOI) in accordance with Part IV 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 
will 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 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. 
EPA will request that NOAA Fisheries review this submittal and inform 
EPA whether it concurs with this preliminary finding.
    In addition, EPA has concluded that the Medium WWTF GP is 
consistent with activities analyzed in the USFWS January 5, 2016, 
Programmatic Biological Opinion (PBO) regarding the threatened northern 
long-eared bat.
    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). EPA has determined that the permit action 
may adversely affect the EFH of designated species. The Draft General 
Permit has been conditioned to minimize any impacts that reduce the 
quality and/or quantity of EFH. Additional mitigation is not warranted 
under Section 305(b)(2) of the Magnuson-Stevens Act. Concurrent with 
the public notice of the Draft General Permit, EPA will initiate 
consultation with NOAA Fisheries by providing this determination 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, l6 U.S.C. 145l 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 the Executive Office of 
Environmental Affairs, MA CZM, provide a consistency concurrence that 
the proposed Draft General Permit is consistent with the MA 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. 2022-02525 Filed 2-7-22; 8:45 am]
BILLING CODE 6560-50-P


