Region 1: EPA New England

New Hampshire Small MS4 General Permit

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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. This permit replaces the 2003 small MS4 general permit for MS4 operators within the state of New Hampshire. For more information on communities within New Hampshire that are automatically designated and may require permit coverage see: NH regulated communities.

The permit was issued on January 18, 2017. The 120 day period for seeking judicial review began at 1:00 pm Eastern Standard Time on February 1, 2017, in accordance with 40 CFR part 23. 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 a United States Court of Appeals by June 1, 2017.

Final Permit Presentation February (PDF) (44 pp, 953 K)

2017 Final Permit Documents

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

Information on Previous Permits and Draft Permits

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

Helpful Information and Links

EPA Contacts

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

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

State Contacts

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