[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Notices]
[Pages 10508-10510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03033]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10658-01-R1]


Notice of Availability of Draft NPDES Potable Water Treatment 
Facility General Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of draft NPDES general permits MAG640000 
and NHG640000.

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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) Potable Water Treatment Facility General Permit (Draft 
PWTF GP) for discharges to certain waters of the Commonwealth of 
Massachusetts and the State of New Hampshire. This Draft PWTF GP 
establishes effluent limitations and requirements, effluent and ambient 
monitoring requirements, reporting

[[Page 10509]]

requirements, and standard conditions for existing potable water 
treatment facilities that discharge wastewater associated with common 
water treatment processes (e.g., clarification, granular media 
filtration, microfiltration, etc.). The Draft PWTF GP is available on 
EPA Region 1's website at https://www.epa.gov/npdes-permits/potable-water-treatment-facility-general-permit-pwtf-gp-massachusetts-new-hampshire. The Fact Sheet for the Draft PWTF 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 April 24, 2023. See 
EPA's web page for the applicable dates, https://www.epa.gov/npdes-permits/potable-water-treatment-facility-general-permit-pwtf-gp-massachusetts-new-hampshire.

ADDRESSES: Written comments on the Draft PWTF 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 PWTF GP may be obtained 
from Nathan Chien via telephone: 617-918-1649 or email 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Public Comment Information: Interested persons may submit written 
comments on the Draft PWTF GP to EPA Region 1 at the address listed 
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 PWTF 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 
PWTF 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 I of this General Permit may submit a notice of intent (NOI) in 
accordance with part II 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 appendix K of the Draft PWTF GP 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 PWTFs eligible for coverage under the Draft PWTF GP. 
Concurrently with the public notice of the Draft PWTF 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 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 PWTF GP. In this document, EPA has made a 
preliminary determination that the proposed issuance of the Draft PWTF 
GP is not likely to adversely affect the shortnose sturgeon, Atlantic 
sturgeon, leatherback sea turtles, loggerhead sea turtles, Kemp's 
ridley sea turtles, green sea turtles, North Atlantic right whales, 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 initiated an informal consultation with the 
U.S. Fish and Wildlife Service (USFWS) under ESA section 7, through the 
submission of a letter 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 PWTF GP. In this document, EPA has made a 
preliminary determination that the proposed issuance of the Draft PWTF 
GP is not likely to adversely affect the northern long-eared bat. EPA 
has completed an informal consultation with USFWS regarding the 
threatened northern long-eared bat, as activities conducted as part of 
the PWTF 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 
PWTF 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 PWTF GP 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 PWTF 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 
PWTF GP is consistent with the MA CZMP.
    There are no eligible facilities that discharge to New Hampshire's 
coastal zone. Therefore, additional CZMA federal consistency review by 
the New

[[Page 10510]]

Hampshire Coastal Program is not required.
    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. 2023-03033 Filed 2-17-23; 8:45 am]
BILLING CODE 6560-50-P


