[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Notices]
[Pages 18789-18791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06656]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9467-01-R2]


Notice of Availability of Draft NPDES General Permit for Small 
Municipal Separate Storm Sewer Systems in the Commonwealth of Puerto 
Rico and Federal Facilities Within the Commonwealth of Puerto Rico

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of draft NPDES general permit.

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SUMMARY: The Director of the Caribbean Environmental Protection 
Division (CEPD), Environmental Protection Agency--Region 2 (EPA), is 
issuing this Notice of a Draft National Pollutant Discharge Elimination 
System (NPDES) general permit, PRR040000/PRR04000F, for discharges from 
small municipal separate storm sewer systems (small MS4s) from 
urbanized areas within the Commonwealth of Puerto Rico to waters of the 
United States. This draft NPDES general permit establishes Notice of 
Intent (NOI) requirements, standards, prohibitions and management 
practices for discharges of stormwater from small MS4 urbanized areas. 
A prior Notice of Availability of a draft general permit was issued by 
EPA on June 11, 2014. EPA has substantially modified the draft

[[Page 18790]]

general permit and is issuing a new draft general permit.

DATES: Public comments must be received on or before May 16, 2022. 
Within the comment period, interested persons may request a public 
hearing, pursuant to 40 CFR part 124, concerning the proposed draft 
permit. Requests for a public hearing must be sent or delivered in 
writing to the same address, as provided below, for public comments 
prior to the close of the comment period. Requests for a public hearing 
must state the nature of the issues proposed to be raised in the 
hearing. Pursuant to 40 CFR part 124, EPA shall hold a public hearing 
if it finds, on the basis of the requests, a significant degree of 
public interest on the proposed draft permit. If EPA decides to hold a 
public hearing, a public notice of the date, time and place of the 
hearing will be made at least 30 days prior to the hearing.

ADDRESSES: Submit your comments by one of the following methods:
    1. Mail: Multimedia Permits and Compliance Branch, U.S. EPA Region 
2, City View Plaza II, Suite 7000, 48 Road 165 Km 1.2, Guaynabo, Puerto 
Rico 00968-8069.
    2. Email: <a href="/cdn-cgi/l/email-protection#34765b47454151471a675146535d5b745144551a535b42"><span class="__cf_email__" data-cfemail="febc918d8f8b9b8dd0ad9b8c999791be9b8e9fd0999188">[email protected]</span></a>.
    The draft permit is based on an administrative record available for 
public review at EPA, Region 2, Caribbean Environmental Protection 
Division, City View Plaza II, Suite 7000, 48 Road 165 Km 1.2, Guaynabo, 
Puerto Rico 00968-8069. A reasonable fee may be charged for copying 
requests. However, the draft general permit and fact sheet are 
available at EPA's website: https://www.epa.gov/npdes-permits/npdes-permits-phase-2-stormwater-program-puerto-rico.

FOR FURTHER INFORMATION CONTACT: Additional information concerning the 
draft permit may be obtained between the hours of 8:30 a.m. and 4:30 
p.m. Monday through Friday excluding holidays from: Sergio Bosques, 
Caribbean Environmental Protection Division, U.S. EPA, Region 2, City 
View Plaza II, Suite 7000, 48 Road 165 Km 1.2, Guaynabo, Puerto Rico 
00968-8069; telephones: 787-977-5838 or 787-977-5870; or by email: 
<a href="/cdn-cgi/l/email-protection#c486abb7b5b1a1b7ea97a1b6a3adab84a1b4a5eaa3abb2"><span class="__cf_email__" data-cfemail="175578646662726439447265707e785772677639707861">[email protected]</span></a>. EPA encourages virtual communication as access 
to the office is limited at this time.

SUPPLEMENTARY INFORMATION: EPA is proposing to issue the draft NPDES 
general permit for the discharge of stormwater from small MS4s to 
waters within the Commonwealth of Puerto Rico. The permit describes 
three distinct small MS4s, which include the conventional cities and 
towns; Non-Conventional state, federal and other publicly-owned 
systems; and Non-Conventional transportation systems.
    The conditions in the draft permit are established pursuant to 
Clean Water Act (CWA) Section 402(p)(3)(B)(iii) to ensure that 
pollutant discharges from small MS4s are reduced to the maximum extent 
practicable (MEP), protect water quality, and satisfy the appropriate 
water quality requirements of the CWA. The term small municipal 
separate storm sewer system is available in 40 CFR 122.26(b). In 
addition, this term also includes systems similar to separate storm 
sewer systems and flood management conveyances in municipalities such 
as military bases, large hospital or prison complexes, highways, flood 
control pump stations, and other thoroughfares. The term does not 
include separate storm sewers in very discrete areas, such as 
individual buildings. For example, an armory located in an urbanized 
area would not be considered a regulated small MS4.
    The draft general permit sets forth the requirements for the small 
MS4 to ``reduce the discharge of pollutants to the maximum extent 
practicable, including management practices, control techniques, and 
system, design and engineering methods.'' (See CWA section 
402(p)(3)(B)(iii)). MEP is the statutory standard that establishes the 
level of pollutant reductions that MS4 operators must achieve. EPA 
believes that the implementation of best management practices (BMPs), 
designed to control storm water runoff from the MS4, is, generally, the 
most appropriate approach for reducing pollutants to satisfy the MEP 
standard. Pursuant to 40 CFR. 122.44(k), the draft permit contains 
BMPs, including development and implementation of a comprehensive 
stormwater management program (SWMP), as the mechanism to achieve the 
required pollutant reductions.
    Section 402(p)(3)(B)(iii) of the CWA also authorizes EPA to include 
in an MS4 permit ``such other provisions as [EPA] . . . determines 
appropriate for control of . . . pollutants.'' This provision forms a 
basis for imposing water quality-based effluent limitations (WQBELs), 
consistent with the authority in Section 301(b)(1)(C) of the CWA. See 
Defenders of Wildlife v. Browner, 191 F.3d 1159, 1166-67 (9th Cir. 
1999); 64 FR. 68722, 68753, 68788 (Dec. 8, 1999). Accordingly, the 
draft permit contains the WQBELs, expressed in terms of BMPs, which EPA 
has determined are necessary and appropriate under the CWA.EPA issued a 
final general permit to address stormwater discharges from small MS4s 
on June 13, 2016. The 2016 general permit required small MS4s to 
develop and implement a SWMP designed to control pollutants to the 
maximum extent practicable and protect water quality. This draft permit 
continues to build on the requirements of the 2016 general permit.
    EPA views the MEP standard in the CWA as an iterative process. MEP 
should continually adapt to current conditions of the MS4, and BMP 
effectiveness. Compliance with the requirements of this general permit 
will meet the MEP standard. The iterative process of MEP consists of a 
municipality developing a program consistent with specific permit 
requirements, implementing the program, evaluating the effectiveness of 
the BMPs included as part of the program, then revising those parts of 
the program that are not effective at controlling pollutants, then 
implementing the revisions, and evaluating again. The changes contained 
in the draft general permit reflect the iterative process of MEP. 
Accordingly, the draft general permit contains similar tasks and 
details of the 2016 general permit.
    EPA has provided, in the draft general permit fact sheet, a summary 
of the permit conditions. The draft general permit and fact sheet are 
available at EPA's website: https://www.epa.gov/npdes-permits/npdes-permits-phase-2-stormwater-program-puerto-rico.

Other Legal Requirements

A. Endangered Species Act (ESA)

    The provisions related to the ESA have been continued from those in 
the 2016 general permit. EPA will be requesting concurrence from the 
appropriate Federal services (U.S. Fish and Wildlife Service and 
National Marine Fisheries Service) in connection with the 2021 draft 
and has renewed this request for the proposed draft general permit.

B. Executive Order 12866

    EPA has determined that this draft general permit is not a 
``significant regulatory action'' under the terms of Executive Order 
12866 and is therefore not subject to the Office of Management and 
Budget (OMB) review.

C. Paperwork Reduction Act

    The information collection requirements of this permit were 
previously approved by OMB under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq., and assigned OMB control number 
2040-0004.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
requires that EPA

[[Page 18791]]

prepare a regulatory flexibility analysis for rules subject to the 
requirements of 5 U.S.C. 553(b) that have a significant impact on a 
substantial number of small entities. However, general NPDES permits 
are not ``rules'' subject to the requirements of 5 U.S.C. 553(b), and 
are therefore not subject to the RFA.

E. Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law 
104-4, generally requires federal agencies to assess the effects of 
their ``regulatory actions'' (defined to be the same as ``rules'' 
subject to the RFA) on tribal, state and local governments and the 
private sector. However, general NPDES permits are not ``rules'' 
subject to the requirements of 5 U.S.C. 553(b) and, are, therefore, not 
subject to the RFA or the UMRA.
    Authority: This action is being taken under the Clean Water Act, 33 
U.S.C. 1251 et seq.

Carmen R. Guerrero-P[eacute]rez,
Director, Caribbean Environmental Protection Division.
[FR Doc. 2022-06656 Filed 3-30-22; 8:45 am]
BILLING CODE 6560-50-P


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