NPDES Permits in New England
Draft New Hampshire Small MS4 General Permit
EPA has revised its 2008 Draft New Hampshire Small MS4 Permit and will issue it as a new draft permit for public comment in the spring of 2012. Issuance of a final permit anticipated for spring 2012 will therefore be delayed until late 2012 or early 2013 to allow for the public to comment on the draft permit and for EPA to respond to those comments. A Notice of Availability for the new draft New Hampshire Small MS4 general permit will be published in the Federal Register as well as information about any scheduled public meetings or hearings. This webpage will be updated with the Federal Register publication date when it becomes available.
History
On May 1, 2003, EPA Region 1 issued its Final General Permit for Stormwater Discharges From Small Municipal Separate Storm Sewer Systems (PDF) (56 pp, 259K, about PDF) (2003 Small MS4 Permit) that covers "traditional" (i.e., cities and towns) and "non-traditional" (i.e., Federal and state agencies) MS4 Operators located in the states of Massachusetts and New Hampshire. This permit expired on May 1, 2008 but remains in effect for authorized Operators until a new permit is issued. During 2008 – 2010 EPA issued three separate draft Small MS4 General Permits to replace the 2003 Small MS4 Permit. One for eligible Operators located in the state of New Hampshire and two separate Massachusetts permits; one for Operators located in the North Coastal watershed and the other for those located in the Interstate, Merrimack and South Coastal watersheds.
The Notice of Availability of the draft NPDES General Permit for Discharges From Small Municipal Separate Storm Sewer Systems located in the State of New Hampshire (NHR040000) was published in the Federal Register on December 23, 2008 (See 73 FR 78786). The public comment period for the draft permit began December 23, 2008 and ended January 20, 2009, but was extended through February 20, 2009. EPA mailed notices of availability of the draft permit to applicable Operators in New Hampshire in late December 2008. EPA held a public hearing for the draft permit on January 28, 2009. A transcript (PDF) (37 pp, 1.3MB, about PDF) and recording 
of the hearing in addition to copies of the written comments are available. The 2008 Draft Permit, Fact Sheet, and related links are available at the bottom of this webpage.
2010 Census and Designated MS4s
The Bureau of the Census has recently released new 2010 urbanized area data. These data indicate new or expanded urbanized areas in some communities, which may result in the requirement for permit coverage for Operators located in previously unregulated communities or the expansion of coverage for Operators in currently regulated communities. The new draft permit will identify the communities, or portions thereof, were the permit applies.
Permit Process
A notice of availability for the draft general permit and fact sheet will be published in the Federal Register; posted on this website; and mailed directly to applicable municipalities covered by the 2003 Small MS4 General Permit and any additional Operators potentially eligible for the permit coverage. Copies of the draft permit and fact sheet (explaining the basis of the permit provisions) will be posted on this website. EPA will solicit comment on the draft permit during a public notice period of at least thirty (30) days.
Following the close of the comment period, the Regional Administrator will issue a final permit decision. In reaching a final decision on the draft permit, the Regional Administrator will respond to all significant comments and make its responses available to the public. The final permit and response to comments will be posted on this website. A notice of availability for the final permit will be published in the Federal Register.
The effective date of the final permit will be no sooner than the date the final permit is signed and made publicly available. To obtain coverage, Operators will be required to submit a new Notice of Intent (NOI). EPA anticipates that NOIs will be due ninety (90) days after the effective date of the final permit.
2008 Draft New Hampshire Small MS4 Permit – TO BE REVISED AND REISSUED
You will need Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more about PDF, and for a link to the free Acrobat Reader.
- Federal Register Notice (PDF) (3 pp, 79K)
- Draft New Hampshire Small MS4 General Permit (PDF) (43 pp, 486K)
- Appendix A - Definitions, Abbreviations and Acronyms (PDF) (6 pp, 149K)
- Appendix B - Standard Permit Conditions (PDF) (10 pp, 150K)
- Appendix C – Endangered Species Guidance (PDF) (12 pp, 205K)
- Appendix D - Procedures Relating to Historic Properties Preservation (PDF) (5 pp, 186K)
- Appendix E - Information required for the Notice of Intent (NOI) (PDF) (10 pp, 27K)
- Appendix F – Requirements of Approved Total Maximum Daily Loads (PDF) (2 pp, 127K)
- Fact Sheet (PDF) (65 pp, 423K)
Helpful Information and Links
- Summary of Permit Requirements (PDF) (5 pp, 119K)
- Summary of Major Changes between 2003 and 2008 Small MS4 Permit (PDF) (5 pp, 140K)
- Impaired Waters Information
- Impervious Cover Information
- USFW Endangered Species web site
- National Park Service, National Register of Historic Places web site
- Technical Support Document – Estimating Change in Impervious Area (IA) and Directly Connected Impervious Areas (DCIA) for New Hampshire Small MS4 Permit, April 2011 (PDF) (5 pp, 627K)
- Technical Support Document – Assessing Street and Parking Design Standards to Reduce Excess Impervious Cover in New Hampshire and Massachusetts, April 2011 (PDF) (6 pp, 437K)
- Technical Support Document – Stormwater Retrofit Techniques for Restoring Urban Drainages in Massachusetts and New Hampshire, April 2011 (PDF) (4 pp, 860K)
EPA Contacts
Newton Tedder (tedder.newton@epa.gov), 617-918-1038
Glenda Velez (velez.glenda@epa.gov), 617-918-1677
State Contacts
MassDEP
Frederick Civian (Frederick.Civian@state.ma.us), 617-292-5821
NHDES
Jeff Andrews (Jeff.Andrews@des.nh.gov), 603-271-2984