# February 6, 2013
2 PM Eastern

EPA Headquarters Office of Wastewater Management 

# NHPA Section 106 Consultation
for two EPA Clean Water Act 

# (CWA) Stormwater Permits:

The Construction General Permit (CGP) &
The Multi

- Sector General Permit (MSGP)

# Objective

2 

###  

## To consult under Section 106 regarding an approach to considering potential impacts on historic properties for 

## two federal undertakings by the EPA:

 

## Construction General Permit (CGP) (reissued Feb 2012)

 

## Multi

- Sector General Permit (MSGP) (reissuance Sep 2013)

# Agenda

 

## Background

 

## Scope of Potential Impacts to Historic Properties

 

## Procedures to Address Potential Impacts

 

## Questions for SHPOs and THPOs

 

## Next Steps

3

# Background

4 

###  

## EPA’s Clean Water Act (CWA) regulations require a National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges from construction site disturbances of 

## one or more acres and from industrial facilities in certain

sectors

 

## Most regulated stormwater discharges are covered under a general permit

 

### Used to cover a similar group of dischargers under one permit

 

### Simplifies the process for dischargers to obtain authorization to discharge

 

### Typically, to obtain authorization to discharge, a discharger submits to the permitting authority a Notice of Intent (NOI) to be covered 

### under the general permit

# Background

5  

### All NPDES permits have a maximum duration of 5 years before they expire and have to be reissued

 

### EPA has issued a series of CGPs and MSGPs since the early 1990s in areas where EPA remains the NPDES permitting authority

 

### MA, NH, ID, NM, DC, Puerto 

### Rico, the territories

 

### Most Indian country lands

 

### Areas within CO, VT, WA operated by a “federal operator”

 

### Limited areas of Oklahoma and Texas

# Background

6 CGP MSGP

What does the permit regulate? • The quality of stormwater discharges from all earth

disturbing activities at
construction sites from an acre or above and any dedicated support sites • The quality of stormwater discharges from industrial
facilities in certain sectors

What does the permit not regulate? • What is being constructed (project design) or what industrial activity occurs

• Where development/facility occurs (project location)

What does the permit require? • Develop and maintain a stormwater pollution prevention plan (SWPPP)

• Install and maintain stormwater controls

• Conduct inspections and document findings

• Fix, replace, or upgrade stormwater controls

How many sites/facilities
are covered? • About 5,000/year • About 2,400 ongoing and about 50 new facilities/year

# Background

7 

###  

## EPA considers the issuance of both the CGP and MSGP to be Federal undertakings

 

### Individual authorizations to discharge (i.e., permit coverage of 

### specific sites/facilities under a general permit) do not constitute separate Federal undertakings

 

## Section 106 of the NHPA requires EPA to consider the potential impacts of these undertakings on historic properties 

## and to provide the ACHP an opportunity to comment. Under ACHP regulations, consultation includes appropriate State and Tribal historic preservation officials

 

## EPA is committed to meeting the requirements of Section 106 

## of the NHPA for the CGP (reissued in Feb 2012) and the MSGP (to be reissued in Sep 2013)

# Scope of Potential Impacts to Historic 

# Properties

8  EPA has determined that discharges of treated stormwater from sites/facilities covered under the CGP and MSGP will not have the potential to affect historic properties

 EPA believes that the scope of potential impacts to historic properties from both
the CGP and MSGP are limited to the installation of subsurface stormwater controls that a permittee may install to meet the requirements of the permit. Examples of subsurface stormwater controls include:

 In particular, EPA believes that the vast majority of facilities covered under the MSGP have no potential to impact historic properties because the majority of
MSGP facilities are existing facilities that do not construct ing new stormwater controls (only about 50 new facilities are receive permit coverage each year) • Trenches

• Culverts

• Channels

• Perimeter drains • Swales

• Dikes

• Catch basins

• Stormwater ponds

# Procedures to Address Potential Impacts

9  

### At the time the CGP and MSGP are reissued, EPA does not know where
any new sites/facilities will be /are located and whether there will be potential impacts to historic properties from the installation of subsurface stormwater controls

 

### Therefore, EPA believes the best way to address any potential for historic properties impacts for both construction and industrial operators seeking authorization to discharge under the CGP and MSGP is to require them to do specified screening procedures before being eligible to apply for permit
coverage

 EPA has previously developed historic property screening procedures that all operators must perform and certify to on their NOIs before receiving permit authorization

 

### To comply with Section 106 of the NHPA, EPA seeks to formalize these procedures in Programmatic Agreements through consultation with SHPOs and Indian tribes whose areas are covered under both permits10 

###  

## As part of Section 106 consultation, EPA held a teleconference in January 2012 with State and Tribal historic preservation officers seeking input on a historic property screening process

 

## EPA reissued the CGP in February 2012 and included a 

## new historic properties screening process (see Appendix E of the permit: http://www.epa.gov/npdes/pubs/cgp2012_appendixe.pdf 

## )

 

## In coordination with the ACHP, EPA has expressed its intent to memorialize the historic properties procedures in a Programmatic Agreement Historic Property Screening Process in the CGP11 

###  

## The pre

- authorization historic properties screening process is in Appendix E of the current CGP

 

## The procedures help operators to identify whether any historic properties issues are found at their sties, and if

so, to determine whether any subsurface stormwater 

## control installations have the potential to cause effects to historic properties

 

## If needed, operators are directed to contact the SHPO, 

## THPO, or other tribal representative for further information Historic Property Screening Process in the CGP12 Step 1: Permit applicant

must determine if

any subsurface

stormwater controls will be installed If no, operator

can submit NOI certifying no controls will be installed

Step 2: If yes, permittee

must determine whether any prior surveys have concluded that no historic properties
exist If yes, permit

applicant can submit NOI certifying no historic properties
exist

Step 3: If no, permit applicant

must determine if subsurface controls will have an effect on historic properties If permit applicant

determines no effect from subsurface stormwater controls, permit applicant can submit NOI

Step 4: If the permit applicant cannot conclude that subsurface controls will not have effects on historic properties, the applicant must contact the relevant SHPO, THPO, or other tribal representative to request their views on the likelihood of impacts.

Applicants must provide the following information:
1. Project name
2. Narrative description of project 3. Operator contact info
4. USGS map showing project location and boundaries
5. Site map showing locations showing subsurface stormwater controls

SHPO, THPO, or other tribal representative has 15 days to respond. If no response, or if SHPO, THPO, or tribal representative indicates no historic properties effects, permit applicant can indicate this on and submit NOI.

If SHPO, THPO, or tribal representative indicates further consultation

necessary, applicant must consult. If applicant and SHPO, THPO, or tribal representative
enter into written agreement, applicant can indicate this on and submit NOI

If no agreement can be reached within 30 days of further consultation, applicant can submit NOI and indicate that no agreement reached Summary of screening process permittees must follow before applying for permit coverage:

* Note: Within 14 days after an NOI is submitted, SHPOs, THPOS, and other tribal representatives can request that EPA place a “hold” on authorization to consider any
unresolved issues

## Historic Property Screening Process in the MSGP

13 

###  

## EPA has similar procedures established in the current MSGP (issued in 2008)

 

## Because the nature of the activities potentially impacting historic properties is the same under both permits, EPA is considering making the procedures the same as in the 

## CGP for permit consistency when EPA reissues the MSGP in Sep 2013

 

## EPA seeks to memorialize the historic properties procedures in a Programmatic Agreement

# Summary

14 

###  

## EPA would like to develop two Programmatic Agreements that will memorialize the historic property screening 

## procedures in both the CGP and MSGP

 

## EPA also intends to develop guidance in connection with each Programmatic Agreement that will assist SHPOs, 

## THPOs, and other Tribal representatives in their involvement with CGP and MSGP historic property screening procedures

## Discussion Topics for SHPOs and THPOs/Tribes

15 1. 

### Are there any changes that you would like EPA to consider making to the historic properties screening process for when EPA reissues the permits?

2. 

### What types of scenarios should be clarified in guidance that will accompany the Programmatic Agreements?

 SHPO/THPO/Tribe finds there to be “no historic properties” within the Area of Potential Effect (APE). What does the SHPO/THPO/Tribe do?

 There are historic properties within the APE but properties will not be adversely affected. What does the SHPO/THPO do?

 There are potential impacts to historic properties, and SHPO/THPO/Tribe and applicant reach mitigation agreement. How is the agreement memorialized?

 There are potential impacts to historic properties, and SHPO/THPO/Tribe cannot reach agreement with the applicant. What does the SHPO/THPO/Tribe do and what will EPA’s role be?

 Others?

3. 

### For THPOs and other tribal representatives, are there any special considerations for the Programmatic Agreements?

4. 

### Other topics to discuss?

# Next Steps

16 

###  

## Now

– April 2013: EPA will take into consideration feedback from the ACHP, SHPOs, THPOs, and other Tribal 

## representatives in the development of Programmatic Agreements for the CGP and MSGP

 

## Mid

- April 2013: EPA will share draft Programmatic Agreements with the ACHP, SHPOs, and Indian tribes for the
CGP and MSGP

 

## Mid

- May 2013: Comments on the draft Programmatic Agreements are due to the EPA

 

## May

– July 2013: EPA coordinates with the ACHP, SHPOs, 

## THPOs, and other Tribal representatives on finalizing the Programmatic Agreements for the CGP and MSGP

# Additional questions or comments?

For more information about the CGP and MSGP: www.epa.gov/npdes/stormwater/cgp www.epa.gov/npdes/stormwater/msgp

Erika Farris
202

- 564

- 7548 farris.erika@epa.gov