New Hampshire Small MS4 General Permit

On this page:

News and Updates
Administratively Continued NH MS4 General Permit
History
Information on Previous Permits, Draft Permits and Modifications
EPA Contacts
State Contacts

News and Updates

The 2017 NH MS4 General Permit has been administratively continued. The Permit will remain in effect for discharges that were authorized prior to July 1, 2023 until such discharges are authorized under a reissued general permit, and individual permit, or other alternative general permit. This letter (pdf) (224 KB) was sent to New Hampshire MS4 Permittees dated March 22, 2023.

EPA finalized the modifications to the 2017 NH MS4 General Permit on December 7, 2020. The Modifications become effective January 6, 2021. See below for Final Permit documents including all modifications. All documents pertaining to this modification can also be found on www.regulations.gov under EPA Docket EPA-R01-OW-2020-0216.

Administratively Continued NH MS4 General Permit (Effective July 1, 2018 with Modification Effective January 6, 2021)

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. EPA proposed modifications to the 2017 NH MS4 General Permit on April 23, 2020 and finalized those modifications on December 7, 2020. The current permit and appendices, including all modifications, as well as the response to comments on the modifications are available below. For all other documents related to the 2017 Final NH MS4 General Permit see the History section of this webpage. For all Authorization Letters and Annual Reports for this Permit see: https://www.epa.gov/npdes-permits/regulated-ms4-new-hampshire-communities.

Permit Documents

Federal Register Notice
Final 2017 New Hampshire Small MS4 General Permit including 2020 Modifications (pdf) (761 KB)
Appendix A - Definitions, Abbreviations and Acronyms (pdf) (177 KB)
Appendix B - Standard Permit Conditions (pdf) (52 KB)
Appendix C - Endangered Species Guidance (pdf) (145 KB)
Appendix D - Procedures Relating to Historic Properties Preservation (pdf) (42 KB)
Appendix E - Information required for the Notice of Intent (NOI) (pdf) (4.7 MB)
- Suggested Template for NOI (pdf) (384 KB)
Appendix F - Requirements of Approved Total Maximum Daily Loads Including all Attachments (pdf) (424 KB)
- Appendix F Attachment 1 (pdf) (78 KB)
- Appendix F Attachment 2 (pdf) (84 KB)
- Appendix F Attachment 3 (pdf) (1.8 MB)
Appendix G - Monitoring Requirements for Discharges to Impaired Waters (pdf) (34 KB)
Appendix H - Requirements Related to Water Quality Limited Waters (pdf) (239 KB)
Response to Comments Document on 2020 Permit Modifications (pdf) (381 KB)

Introduction to the NH MS4 2017 Permit

First Year Requirements Summary (pdf) (132 KB)
Permit At-A-Glance Fact Sheet (pdf) (483 KB)

History

On May 1, 2003, EPA Region 1 issued its Final General Permit for Stormwater Discharges From Small Municipal Separate Storm Sewer Systems (pdf) (259 KB) (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. EPA finalized the modifications to the 2017 NH MS4 Permit on December 7, 2020.

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

Information on Previous Permits, Draft Permits and Modifications

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.

2017 Final Permit Documents Prior to Modification

The 2017 New Hampshire Small MS4 General Permit was signed April 4, 2016 and became effective July 1, 2018. The documents below represent the Final Permit documents prior to the 2020 modifications to the 2017 NH MS4 Permit.

Final Permit Notice (pdf) (25 KB)
Final 2017 New Hampshire Small MS4 General Permit (pdf) (1.1 MB)
Appendix A - Definitions, Abbreviations and Acronyms (pdf) (43 KB)
Appendix B - Standard Permit Conditions (pdf) (52 KB)
Appendix C - Endangered Species Guidance (pdf) (145 KB)
Appendix D - Procedures Relating to Historic Properties Preservation (pdf) (42 KB)
Appendix E - Information required for the Notice of Intent (NOI) (pdf) (4.7 MB)
Suggested Template for NOI (pdf) (384 KB)
Appendix F - Requirements of Approved Total Maximum Daily Loads Including all Attachments (pdf) (1.9 MB)
Appendix G - Monitoring Requirements for Discharges to Impaired Waters (pdf) (34 KB)
Appendix H - Requirements Related to Water Quality Limited Waters (pdf) (83 KB)
Response to Comments Document (pdf) (3.2 MB)

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.

Federal Register Notice – Reopening of Comment Period
Renotice 2015 NHMS4 Sections 2.1.1, 2.2 and 2.3.6 (pdf) (114 KB)
Renotice 2015 NHMS4 Sections 2.1.1, 2.2 and 2.3.6 Redline (pdf) (212 KB)
Renotice 2015 NHMS4 Appendix F (pdf) (365 KB)
Renotice 2015 NHMS4 Appendix H (pdf) (131 KB)
Renotice 2015 NHMS4 Statement of Basis (pdf) (129 KB)
Comments received on reopened sections (pdf) (7.9 MB)
Comments on comments received on reopened sections (pdf) (2.6 MB)

2013 Draft New Hampshire Small MS4 Permit Documents

Federal Register Notice – Availability of Draft Permit
Federal Register Notice – Extension of Comment Period
Federal Register Notice – Second Extension of Comment Period
2013 Draft New Hampshire Small MS4 General Permit (pdf) (538 KB)
Appendix A - Definitions, Abbreviations and Acronyms (pdf) (189 KB)
Appendix B - Standard Permit Conditions (pdf) (97 KB)
Appendix C - Endangered Species Guidance (pdf) (180 KB)
Appendix D - Procedures Relating to Historic Properties Preservation (pdf) (103 KB)
Appendix E - Information required for the Notice of Intent (NOI) Electronic Version (pdf) (455 KB)
Appendix E - Information required for the Notice of Intent (NOI) Printable Version (pdf) (3.3 MB)
Appendix F - Requirements of Approved Total Maximum Daily Loads (pdf) (1.2 MB)
Appendix G - Monitoring Requirements for Discharges to Impaired Waters (pdf) (107 KB)
Appendix H - Requirements Related to Nitrogen Impaired Waters in the Great Bay Estuary and Chloride Impaired Waters (pdf) (576 KB)
Fact Sheet (pdf) (6.3 MB)
2013 NH MS4 Comments Received (pdf) (51.3 MB)
A Public Hearing was held on March 14, 2013 at the NHDES Pease Field Office in Portsmouth New Hampshire.
Transcript of Public Hearing (pdf) (155 KB)
Summary of Major Changes between 2003 and 2013 Small MS4 Permit (pdf) (151 KB)

2008 Draft Permit Documents

Federal Register Notice
2008 Draft New Hampshire Small MS4 General Permit (pdf) (486 KB)
Appendix A - Definitions, Abbreviations and Acronyms (pdf) (149 KB)
Appendix B - Standard Permit Conditions (pdf) (150 KB)
Appendix C – Endangered Species Guidance (pdf) (205 KB)
Appendix D - Procedures Relating to Historic Properties Preservation (pdf) (186 KB)
Appendix E - Information Required for the Notice of Intent (NOI) (pdf) (27 KB)
Appendix F – Requirements of Approved Total Maximum Daily Loads (pdf) (127 KB)
Fact Sheet (pdf) (423 KB)
2008 Comments Received
2008 Hearing Transcript (pdf) (1.3 MB)

2003 Final General Permit for Stormwater Discharges from Small MS4s

EPA Contacts

Michelle Vuto (vuto.michelle@epa.gov), 617-918-1222

State Contacts

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