[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Notices]
[Pages 38175-38177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13913]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9947-63-Region 2]
Notice of Availability of Final NPDES General Permit for Small
Municipal Separate Storm Sewer Systems and Federal Facilities Within
the Commonwealth of Puerto Rico
AGENCY: Environmental Protection Agency (EPA).
[[Page 38176]]
ACTION: Notice of Final 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 Final National Pollutant Discharge Elimination
System (NPDES) general permit, PRR040000/PRR04000F, for discharges from
small municipal separate storm sewer systems (small MS4) from urbanized
areas within the Commonwealth of Puerto Rico to waters of the United
States. This NPDES general permit establishes Notice of Intent (NOI)
requirements, standards, prohibitions and management practices for
discharges of storm water from small MS4s urbanized areas. A prior
Notice of Availability of a general permit was issued by EPA in
November 2006. EPA has substantially modified and reissuing the general
permit pursuant to 40 CFR part 124. The EPA is issuing this permit for
five years.
DATES: The general permit will become effective on July 1, 2016. This
effective date is necessary to provide dischargers with the immediate
opportunity to comply with Clean Water Act requirements in light of the
expiration of the 2006 Small MS4 General Permit on November 5, 2011. In
accordance with 40 CFR part 23, this permit shall be considered issued
for the purpose of judicial review on July 1, 2016. Under section
509(b) of the Clean Water Act, judicial review of this general permit
can be requested by filing a petition for review in the United States
Court of Appeals within 120 days after the permit is considered issued.
Under section 509(b)(2) of the Clean Water Act, the requirements in
this permit may not be challenged later in civil or criminal
proceedings to enforce these requirements. In addition, this permit may
not be challenged in other agency proceedings. Deadlines for submittal
of notices of intent are provided in Section 1.2 of the 2016 Small MS4
General Permit. The 2016 Small MS4 General Permit also provides
additional dates for compliance with the terms of these permits.
FOR FURTHER INFORMATION CONTACT: For further information on the final
NPDES Small MS4 General Permit, contact the Multimedia Permits and
Compliance Branch, Caribbean Environmental Protection Division, US EPA
Region 2, City View Plaza II, Suite 7000, 48 Road 165 Km 1.2, Guaynabo,
Puerto Rico 00968-8069; telephone: 787-977-5870; or by email:
[email protected].
The general permit is based on an administrative record available
at EPA--Region 2, Caribbean Environmental Protection Division, at the
above mentioned address. A reasonable fee may be charged for copying
requests. However, the general permit and fact sheet are available at
EPA's updated Web site posting of June 11, 2014: www.epa.gov/region02/water/permits.html.
SUPPLEMENTARY INFORMATION: EPA is reissuing the NPDES general permit
for the discharge of stormwater from small MS4s to waters within the
Commonwealth of Puerto Rico. The permit describes four distinct small
MS4s. These are the Conventional cities and towns; Non-Conventional
State, Federal and other publicly owned systems; Non-Conventional
transportation systems; and Non-Conventional State flood control pump
station.
The conditions in the general permit are established pursuant to
Clean Water Act (CWA) Part 402(p)(3)(iii) to ensure that pollutant
discharges from small municipal separate storm sewer systems (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 part 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, highways, and 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 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 Section 402(p)(3)(B)(iii) of the CWA).
MEP is the statutory standard that establishes the level of pollutant
reductions that MS4 operators must achieve. EPA believes that
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 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 CWA also authorizes EPA to include in
an MS4 permit ``such other provisions as [EPA] determine[s] 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 permit contains
the water quality-based effluent limitations, 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 November 6, 2006. The 2006 general permit required
small MS4s to develop and implement a SWMP designed to control
pollutants to the maximum extent practicable and protect water quality.
The 2016 general permit builds on the requirements of the previous
general permit.
EPA views the MEP standard in the CWA as an iterative process. MEP
should continually adapt to current conditions and BMP effectiveness.
Compliance with the requirements of this general permit will meet the
MEP standard. The iterative process of MEP consists of a conventional
and/or a non-conventional 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 general permit reflect the
iterative process of MEP. Accordingly, the general permit contains more
specific tasks and details than the 2006 general permit.
EPA has explained in the general permit fact sheet a summary of
permit conditions. The general permit and fact sheet are available at
EPA's Web site posting of June 11, 2014: www.epa.gov/region02/water/permits.html.
Other Legal Requirements
A. Endangered Species Act (ESA)
The provisions related to the ESA have been enhanced from those in
the 2006 permit. EPA consulted with the appropriate Federal services
(U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries
Service
[[Page 38177]]
(NMFS)) in connection with the 2014 draft Small MS4 General Permit.
On July 8, 2014, EPA initiated an informal consultation with the
USFWS and the National Oceanic and Atmosphere Administration, National
Marine Fisheries Service (NMFS) pursuant to Section 7 of the ESA, for
the reissuance of a proposed 2014 NPDES Small MS4 General Permit. Based
on the information, EPA believes that the issuance of the NPDES Small
MS4 General Permit (PRR040000), may affect, but is not likely to
adversely affect any threatened or endangered species.
On August 22, 2014, the USFWS indicated that the Antillean manatee
may be affected. This species is found near shore waters around Puerto
Rico where stormwater may be discharged. In addition, USFWS indicated
they concur with EPA's determination.
On August 28, 21014, NMFS had questions regarding EPA's proposed
2014 NPDES Small MS4 General Permit. EPA ensured to provide a response
to each of NMFS's questions by October 1, 2014. A follow up conference
call was held on October 7, 2014 to discuss the responses. On December
18, 2014, EPA held another conference call where the NMFS requested to
see examples of EPA inspection reports performed to MS4s and Municipal
Stormwater Management Program. EPA provided six (6) documents of
coastal municipalities on December 19, 2014. EPA followed up with a
letter dated July 24, 2015 seeking NMFS to concur on EPA's
determination that stormwater discharges from MS4s and discharge
related activities are not likely to adversely affect any federal
threatened or endangered listed species or designated habitat.
EPA's decision to issue this general permit is consistent with
section 7(d) because it does not foreclose either the formulation by
the NMFS, or the implementation by EPA, of any alternatives that might
be determined in the consultation to be needed to comply with section
7(a)(2). If the completion of consultation results in new information
warranting modifications or conditions to protect listed species or
critical habitat, EPA will modify this permit under 40 CFR 122.62(a)(2)
to incorporate those non-numerical effluent limits or conditions.
B. Executive Order 12866
EPA has determined that this general permit is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
C. Paperwork Reduction Act
The information collection requirements of this permit were
previously approved by the Office of Management and Budget (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 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.
Dated: May 18, 2016.
Jos[eacute] C. Font,
Director, Caribbean Environmental Protection Division.
[FR Doc. 2016-13913 Filed 6-10-16; 8:45 am]
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