Draft Massachusetts Interstate, Merrimack and South Coastal Small MS4 General Permit

The Notice of Availability of the draft NPDES General Permit for Discharges From Small Municipal Separate Storm Sewer Systems located in the Interstate, Merrimack and South Coastal watersheds in Massachusetts was published in the Federal Register on November 4, 2010 (See 75 FR 67960). EPA held a public hearing on March 9, 2011 and the public comment period for the draft permit ended March 11, 2011. A Federal Register Notice describing the public hearing and the extension of the public comment period was published in the Federal Register on February 15, 2011(See 76 FR 8734). A transcript (PDF) (58 pp, 142K, about PDF) of the hearing in addition to copies of the written comments are available.

EPA Region 1 issued the general permit for stormwater discharges for small MS4s on May 1, 2003. That permit expired on May 1, 2008. To replace the 2003 permit, EPA intends to reissue three separate Small MS4 General Permits: one for the Operators located in the state of New Hampshire, a second for Operators located in the North Coastal watersheds of Massachusetts, and a third for Operators located in the Interstate, Merrimack and South Coastal watersheds of Massachusetts. The permit continues to apply to small MS4s located in urbanized areas. At this time, EPA has not designated any additional small MS4s as requiring coverage under this permit. The draft 2008 Small MS4 General Permit for New Hampshire covers municipalities considered "traditional MS4s" (i.e., cities and towns) as well as "non-traditional MS4s" (i.e., Federal and state agencies). The draft 2010 Small MS4 General Permit for North Coastal Watersheds in Massachusetts as well as the Draft 2010 Small MS4 General Permit for Interstate, Merrimack and South Coastal Watersheds in Massachusetts also cover traditional MS4s and non-traditional MS4s. Non-transportation, non-traditional municipalities that operate regulated MS4s throughout multiple locations in Massachusetts could be covered by up to two of the geographically-based general permits dependant upon the extent of their regulated MS4s. EPA now anticipates that MassDOT will be covered under a separate individual permit.

At the time each general permit is made publicly available, a notice of availability of the draft general permit and fact sheet will be published in the Federal Register; posted on EPA's website; and mailed directly to applicable municipalities covered by the 2003 Small MS4 General Permit. Copies of each draft permit and fact sheet (explaining the basis of the permit provisions) will be posted on EPA's website. EPA will solicit comment on each draft permit during a public notice period of at least thirty (30) days.

After considering public comments, EPA anticipates that the final permits for each small MS4 general permit should be available in 2011. The effective date of each final permit should 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) for the permit for which they are eligible. EPA anticipates that NOIs will be due ninety (90) days after the effective date of each final permit.

The Draft Massachusetts Interstate, Merrimack and South Coastal Small MS4 General Permit builds upon the requirements of the previous permit. This draft permit requires small MS4s to continue to implement the Stormwater Management Programs required by the previous permit including the six control measures. The new permit contains more specific requirements and best management practices for each control measure.

Following the close of the comment period, the Regional Administrator will issue a final permit decision. In reaching a final decision on this 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. The Notice of Availability of the final permit will be published in the Federal Register.

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