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NPDES Permits in New England

Draft New Hampshire Small MS4 General Permit

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EPA has revised the 2008 draft New Hampshire small MS4 permit and re-issued a new draft permit (2013 draft permit) for public comment. A Notice of Availability for the new draft New Hampshire small MS4 general permit was published in the Federal Register on February 12, 2013. The comment period ended August 15, 2013 after 2 extensions. Based on comments received and changes to NH State Water Quality Standards, EPA is reopening the comment period for select sections of the 2013 draft New Hampshire small MS4 permit to take comments on proposed new language in section 2.1.1, 2.2, and 2.3.6, Appendix F, and Appendix H only. The current comment period will be from September 1, 2015 through November 2, 2015, after which time EPA will take comments on the comments received during this comment period until 11:59pm November 20, 2015. All 2013 draft permit documents including comments received are available on this webpage.

Permit Documents Currently Public Notice (Comment period from September 1, 2015 through November 2, 2015, comment period on comments received closes November 20, 2015)

The documents below contain the new language for section 2.1.1, 2.2 (including all subsections), and 2.3.6 (including all subsections), Appendix F (excluding attachments) and Appendix H (excluding attachments) as well as a statement of basis for the proposed language modifications. The permit language in the documents below will completely replace their respective sections in the 2013 draft NH MS4 permit. Comments received pertaining to other sections of the 2013 draft MS4 permit will not be addressed prior to final issuance of the MS4 permit for New Hampshire. The public comment period for the documents below will expire November 2, 2015. All comments received on the documents below will be posted here and EPA will take comments on the comments submitted through November 20, 2015.

Permit Process

A notice of availability for the 2013 draft general permit and fact sheet was published in the Federal Register on February 12, 2013; posted on this website; and emailed or mailed directly to applicable municipalities covered by the 2003 Small MS4 General permit and any additional Operators potentially eligible for the permit coverage as well as any interested parties. Copies of the draft permit and fact sheet (explaining the basis of the permit provisions) are posted on this website.  A notice of the extension of comment period was published in the Federal Register on April 4, 2013, extending the comment period to May 15, 2013. A second notice extending the public comment period was published in the Federal Register on May 13, 2013, extending the comment period to August 15, 2013. In response to comments received on the 2013 draft permit and to align permit requirements with NH State Law, including recently updated water quality standards allowing schedules in NPDES permits, EPA reopened the comment period on proposed modifications to section 2.1.1, 2.2, 2.3.6, Appendix F and Appendix H of the draft NH MS4 general permit. The comment period on select sections of the 2013 draft permit is from September 1, 2015 through November 2, 2015. A notice of availability for the 2013 draft general permit and fact sheet was published in the Federal Register on September 1, 2015; posted on this website; and emailed or mailed directly to applicable municipalities covered by the 2003 Small MS4 General permit and any additional Operators potentially eligible for the permit coverage as well as any interested parties. EPA will provide additional time from the close of the public comment period through November 20, 2015, during which time any interested person may file a written response to the material filed by any other person.

Following the close of the comment period and the additional time to allow interested parties to submit comments on comments submitted by others, 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 the 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.

2013 Draft New Hampshire Small MS4 Permit (public comment period from February 12, 2013 to August 15, 2013)

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. For more information on communities within New Hampshire that are automatically designated and may require permit coverage see: NH regulated communities.

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, 259 K) (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, 1.3 MB) of the hearing in addition to copies of the written comments are available. The 2008 Draft permit, Fact Sheet, and related links are available below.

2008 Draft New Hampshire Small MS4 Permit (previous draft permit)

Information on the 2008 Draft Permit

Helpful Information and Links

EPA Contacts

Newton Tedder (tedder.newton@epa.gov), 617-918-1038

Glenda Velez (velez.glenda@epa.gov), 617-918-1677

State Contacts

NHDES
Jeff Andrews (Jeff.Andrews@des.nh.gov), 603-271-2984

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