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[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89637-89638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26247]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL 11979-01-R1]

Notice of Availability of Draft NPDES New Hampshire Medium 
Wastewater Treatment Facility General Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability of Draft NPDES General Permit NHG590000.

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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) New Hampshire Medium Wastewater Treatment Facility 
General Permit (NH Medium WWTF GP) for discharges to certain Class B 
waters of the State of New Hampshire. This Draft NPDES NH Medium WWTF 
GP (``Draft General Permit'') establishes effluent limitations and 
requirements, effluent and ambient monitoring requirements, reporting 
requirements, and standard conditions for 21 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-new-hampshire-medium-wastewater-treatment-facility-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.

DATES: Comments must be received on or before January 13, 2025.

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 06-4, Boston, Massachusetts 02109-3912, or 
sent via email to: [email protected]. 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 Michael Cobb, U.S. EPA Region 
1, Water Division, 5 Post Office Square, Suite 100, Mail Code 06-4, 
Boston, MA 02109-3912; telephone: 617-918-1369; email: 
[email protected]. Any 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

[[Page 89638]]

electronically 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 requirements outlined in 
part I of this General Permit may submit a notice of intent (NOI) in 
accordance with part III of this General Permit and 40 CFR 
122.28(b)(2)(i) and (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 may affect, but is not likely to adversely affect 
the shortnose sturgeon, Atlantic sturgeon, or designated Atlantic 
sturgeon critical habitat (Gulf of Maine Unit 4: Piscataqua River), as 
well as coastal protected sea turtles, whales, or designated North 
Atlantic right whale critical habitat (Northeastern U.S Foraging Area 
Unit 1). EPA will request that NOAA Fisheries review this submittal and 
inform EPA whether it concurs with this preliminary finding.
    EPA will also assess ESA threatened or endangered shore birds and 
terrestrial species under the jurisdiction of USFWS and a preliminary 
determination will be submitted to USFWS concurrently with the public 
notice of the Draft General Permit where appropriate. EPA has concluded 
that the NH Medium WWTF GP is consistent with activities analyzed in 
the USFWS Service's Information for Planning and Consultation (IPaC) 
standing analysis and Range-wide Northern Long-eared Bat Determination 
Key for the endangered northern long-eared bat. EPA made a similar 
determination regarding the proposed endangered tricolored 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, 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 of the 
Draft General Permit, EPA will request that the New Hampshire Coastal 
Program, NHCP, provide a consistency concurrence that the proposed 
Draft General Permit is consistent with the NH CZMPs.
    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. 2024-26247 Filed 11-12-24; 8:45 am]
BILLING CODE 6560-50-P
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