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New Hampshire Small MS4 General Permit

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News and Updates

EPA is proposing to modify the 2017 New Hampshire Small MS4 General Permit. The Federal Register notice, the proposed MS4 permit modifications, statements of basis that explain EPA’s rationale for the proposed permit modifications can be found below (Information on Previous Permits and Draft Permits), In addition, those document and instructions on how to formally submit comments on the proposed permit modifications is available on www.regulations.gov under EPA Docket EPA-R01-OW-2020-0216 . The comment period ends June 8, 2020. EPA hosted two informational webinars on the proposed permit modifications May 4, 2020 and June 1, 2020.

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2017 Final Permit

The 2017 New Hampshire Small MS4 General Permit was issued on January 18, 2017. The final permit reflects modifications to the 2013 Draft Small MS4 General Permit and the 2015 Renoticed permit sections.

All NOI, Annual Reports and other documents pertaining to the 2017 final NH MS4 general permit are currently available on the following website: https://www.epa.gov/npdes-permits/regulated-ms4-new-hampshire-communities.

Permit Documents

Introduction to the NH MS4 2017 Permit

NOI Resources

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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 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. In response to comments received, EPA released a new Draft Permit in 2013. The 2013 draft general permit and fact sheet were published in the Federal Register on February 12, 2013. 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 was 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;. EPA provided additional time from the close of the public comment period through November 20, 2015, during which time any interested person could file a written response to the material filed by any other person.

On January 18, 2017, EPA issued a final NPDES general permit for discharges of stormwater from small MS4s in New Hampshire (the 2017 NH MS4 Permit). On February 1, 2017, Conservation Law Foundation (CLF) filed a petition for review of the permit in the U.S. Court of Appeals for the First Circuit. Center for Regulatory Reasonableness (CRR), National Association of Homebuilders (NAHB), and New Hampshire Home Builders Association (NHHBA) later filed petitions for review in the D.C. Circuit. The First Circuit then transferred the CLF petition to the D.C. Circuit, where the D.C. Circuit consolidated it with the CRR, NAHB, and NHHBA petitions. Center for Regulatory Reasonableness et. al v. EPA, Conservation Law Foundation, Intervenor No. 17-1060 (D.C. Cir.) (2017 New Hampshire Small MS4 General Permit consolidated cases). The parties entered into mediation in 2017, and the D.C. Circuit has held the cases in abeyance. On December 27, 2019, EPA published three proposed settlement agreements in the Federal Register for a 30-day public comment period. See “Proposed Settlement Agreements, Clean Water Act Claims,” 84 FR 71407 (Dec. 27, 2019). EPA and the petitioners executed the settlement agreements on April 15, 2020. Pursuant to the settlement agreement, on April 23, 2020 EPA published proposed modifications to the MA MS4 permit in the Federal Register (85 FR 22735) for a 45 day public comment period.

All documents on the draft permits and modifications can be found below.

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Information on Previous Permits and Draft Permits

Proposed 2020 Permit Modification

The documents below contain the proposed permit modifications to the 2017 New Hampshire Small MS4 General Permit. The proposed modifications are also found within the permit posted to EPA Docket EPA-R01-OW-2020-0216 on www.regulations.gov. Proposed additions will be in red text and proposed deletions will be in strikeout. EPA is asking for public comment only on the proposed modifications to the 2017 New Hampshire Small MS4 General Permit, the comment period for the proposed modifications is April 23, 2020 through June 8, 2020. See: EPA Docket EPA-R01-OW-2020-0216 on www.regulations.gov for instructions and information on how to submit comments on the proposed modifications.

2015 Renotice Documents

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.

2013 Draft New Hampshire Small MS4 Permit Documents

2008 Draft Permit Documents

2003 Final General Permit for Stormwater Discharges from Small MS4s

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EPA Contacts

Suzanne Warner (warner.suzanne@epa.gov), 617-918-1383

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

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State Contacts

NHDES
Deborah Loiselle (Deborah.Loiselle@des.nh.gov), 603-271-1352

Hayley Franz (Hayley.Franz@des.nh.gov), 603-271-0671

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