Notice2022-01382
National Pollutant Discharge Elimination System (NPDES) Industrial Stormwater Fact Sheet Series
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 25, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA or Agency) is seeking public input on updating the National Pollutant Discharge Elimination System (NPDES) Industrial Stormwater Fact Sheet Series (hereinafter referred to as "the fact sheets"). EPA's industrial stormwater program has 29 fact sheets currently posted online for each sector covered under the 2021 Multi-Sector General Permit (MSGP) for stormwater discharges from industrial activity. Each fact sheet describes the types of facilities included in the sector, typical stormwater pollutants associated with the sector, and types of stormwater control measures (SCMs) that may be used to minimize the discharge of the pollutants. EPA is seeking public input on the fact sheets, particularly focused on updating: Common activities, pollutant sources, and associated pollutants at facilities in each sector; and SCMs or best management practices (BMPs), including source control and good housekeeping/pollution prevention measures for potential pollutant sources at facilities in each sector. In updating the fact sheets, EPA will consider input received in response to this notice as well as any relevant comments related to the content of the fact sheets that the Agency received during the public comment period for the proposed 2021 MSGP. The fact sheets can be found in the docket and at https:// www.epa.gov/npdes/stormwater-discharges-industrial-activities-fact- sheets-and-guidance.
Full Text
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<title>Federal Register, Volume 87 Issue 16 (Tuesday, January 25, 2022)</title>
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[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Notices]
[Pages 3803-3804]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01382]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2022-0097; FRL-9455-01-OW]
National Pollutant Discharge Elimination System (NPDES)
Industrial Stormwater Fact Sheet Series
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public input.
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SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency) is
seeking public input on updating the National Pollutant Discharge
Elimination System (NPDES) Industrial Stormwater Fact Sheet Series
(hereinafter referred to as ``the fact sheets''). EPA's industrial
stormwater program has 29 fact sheets currently posted online for each
sector covered under the 2021 Multi-Sector General Permit (MSGP) for
stormwater discharges from industrial activity. Each fact sheet
describes the types of facilities included in the sector, typical
stormwater pollutants associated with the sector, and types of
stormwater control measures (SCMs) that may be used to minimize the
discharge of the pollutants. EPA is seeking public input on the fact
sheets, particularly focused on updating: Common activities, pollutant
sources, and associated pollutants at facilities in each sector; and
SCMs or best management practices (BMPs), including source control and
good housekeeping/pollution prevention measures for potential pollutant
sources at facilities in each sector. In updating the fact sheets, EPA
will consider input received in response to this notice as well as any
relevant comments related to the content of the fact sheets that the
Agency received during the public comment period for the proposed 2021
MSGP. The fact sheets can be found in the docket and at <a href="https://www.epa.gov/npdes/stormwater-discharges-industrial-activities-fact-sheets-and-guidance">https://www.epa.gov/npdes/stormwater-discharges-industrial-activities-fact-sheets-and-guidance</a>.
DATES: Comments on the fact sheets must be received on or before March
28, 2022.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2022-0097, by the following method:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>.
Follow the online instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal information
provided. For detailed instructions on sending comments, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document. Out of an abundance of caution for members of
the public and our staff, the EPA Docket Center and Reading Room are
open to the public by appointment only to reduce the risk of
transmitting COVID-19. Our Docket Center staff also continues to
provide remote customer service via email, phone, and webform. Hand
deliveries and couriers may be received by scheduled appointment only.
For further information on EPA Docket Center services and the current
status, please visit us online at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Katelyn Amraen, EPA Headquarters,
Office of Water, Office of Wastewater Management (MC 4203M), 1200
Pennsylvania Avenue NW, Washington, DC 20460; telephone number: 202-
564-2740; email address: <a href="/cdn-cgi/l/email-protection#99f8f4ebf8fcf7b7f2f8edfcf5e0f7d9fce9f8b7fef6ef"><span class="__cf_email__" data-cfemail="d2b3bfa0b3b7bcfcb9b3a6b7beabbc92b7a2b3fcb5bda4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Submit your comments, identified by Docket ID No. EPA-HQ-OW-2022-
0097, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Once submitted, comments cannot
be edited or removed from the docket. The EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
II. Background
EPA's industrial stormwater program has 29 fact sheets currently
posted online for each sector covered under the MSGP and shown below:
Sector A--Timber Products.
Sector B--Paper and Allied Products Manufacturing.
Sector C--Chemical and Allied Products Manufacturing.
Sector D--Asphalt Paving and Roofing Materials Manufactures and
Lubricant Manufacturers.
Sector E--Glass, Clay, Cement, Concrete, and Gypsum Product
Manufacturing.
Sector F--Primary Metals.
Sector G--Metal Mining (Ore Mining and Dressing).
Sector H--Coal Mines and Coal Mining-Related Facilities.
Sector I--Oil and Gas Extraction.
Sector J--Mineral Mining and Dressing.
Sector K--Hazardous Waste Treatment Storage or Disposal.
Sector L--Landfills and Land Application Sites.
Sector M--Automobile Salvage Yards.
Sector N--Scrap Recycling Facilities.
Sector O--Steam Electric Generating Facilities.
Sector P--Land Transportation.
Sector Q--Water Transportation.
Sector R--Ship and Boat Building or Repairing Yards.
Sector S--Air Transportation Facilities.
Sector T--Treatment Works.
Sector U--Food and Kindred Products.
Sector V--Textile Mills, Apparel, and other Fabric Products
Manufacturing.
Sector W--Furniture and Fixtures.
Sector X--Printing and Publishing.
Sector Y--Rubber, Miscellaneous Plastic Products, and Miscellaneous
Manufacturing Industries.
Sector Z--Leather Tanning and Finishing.
[[Page 3804]]
Sector AA--Fabricated Metal Products.
Sector AB--Transportation Equipment, Industrial or Commercial
Machinery.
Sector AC--Electronic, Electrical, Photographic and Optical Goods.
Each fact sheet describes the types of facilities included in the
sector, typical stormwater pollutants associated with the sector, and
types of SCMs that may be used to minimize the discharge of the
pollutants. The fact sheets are used by permittees, industrial
stormwater stakeholders, and state/territory NPDES permitting
authorities on a voluntary basis as a reference tool and informational
resource. EPA currently does not mandate the use of the fact sheets for
permit compliance or otherwise under the NPDES industrial stormwater
program.
As part of a 2016 MSGP settlement agreement, EPA agreed to and
proposed the following changes in the proposed 2021 MSGP:
<bullet> Review and revise ``the MSGP's sector-specific fact sheets
to incorporate emerging SCMs that reflect BAT [Best Available
Technology Economically Achievable] and BCT [Best Conventional
Pollutant Control Technology], as revealed by current industry practice
and as may be reflected in the NRC Study, as EPA deems appropriate.''
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\1\ The ``NRC Study'' refers to a study funded by EPA and
conducted by the National Academies of Sciences, Engineering, and
Medicine's National Research Council (NRC) that was completed in
February of 2019. The NRC study can be found at the following
website: <a href="https://www.nap.edu/catalog/25355/improving-the-epa-multi-sector-general-permit-for-industrial-stormwater-discharges">https://www.nap.edu/catalog/25355/improving-the-epa-multi-sector-general-permit-for-industrial-stormwater-discharges</a>.
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<bullet> Propose, as part of Additional Implementation Measures
(AIM) Tier 2, ``the operator must implement all feasible control
measures in the relevant sector-specific fact sheet . . .''
EPA fulfilled these terms from the 2016 MSGP settlement agreement
in the proposed 2021 MSGP by incorporating a portion of the revised
fact sheets into the proposed permit as sector specific SCM checklists
in permit ``Appendix Q.'' Ultimately, based on public comments, EPA did
not finalize that the SCM checklists in Appendix Q or the associated
requirement to implement the controls under AIM Tier 2, nor did EPA
post the revised versions of the proposed checklists online. Instead,
EPA retained the sector-specific fact sheets as guidance documents and
revised each of them to include practices that operators could use to
minimize per- and polyfluoroalkyl substances (PFAS) in stormwater
discharges. For a detailed summary of the comments EPA received on
Appendix Q and the Agency's response to comments, please see Comment
Response Essay 4 Proposals Not Finalized for ``Appendix Q--Stormwater
Control Measures'' (page 60) in ``Response to Public Comments EPA NPDES
2021 Multi-Sector General Permit (MSGP)'' which can be found in the
docket for the 2021 MSGP under Document ID number EPA-HQ-OW-2019-0372-
0349 or at the following website: <a href="https://www.regulations.gov/document/EPA-HQ-OW-2019-0372-0349">https://www.regulations.gov/document/EPA-HQ-OW-2019-0372-0349</a>.
Even though EPA did not finalize Appendix Q, the Agency recognized
the need to evaluate and potentially revise the fact sheets in the near
future. In the final 2021 MSGP Federal Register Notice, EPA stated in
two instances that:
<bullet> ``EPA plans to work with external stakeholders to
thoroughly revise the sector-specific fact sheets'' (86 FR 10269,
10274, February 19, 2021), and
<bullet> ``EPA will continue to work with stakeholders to further
update these sector-specific fact sheets with additional emerging
stormwater control measures that could be used by industrial
operators'' (86 FR 10269, 10275, February 19, 2021 (specific to PFAS)).
IV. Approach To Obtain Stakeholder Input on Fact Sheets
Based on EPA's commitment in the final 2021 MSGP Federal Register
Notice, EPA is now seeking feedback on appropriate updates and
revisions to the 29 industrial stormwater fact sheets related to the
two main tables in each fact sheet:
(1) Common activities, pollutant sources, and associated pollutants
at facilities in each sector, and
(2) SCMs or BMPs including source control and good housekeeping/
pollution prevention measures for potential pollutant sources at
facilities in each sector.
The fact sheets can be found in the docket and at <a href="https://www.epa.gov/npdes/stormwater-discharges-industrial-activities-fact-sheets-and-guidance">https://www.epa.gov/npdes/stormwater-discharges-industrial-activities-fact-sheets-and-guidance</a>.
To assist EPA in reviewing and evaluating public input, please
consider the following when preparing your comments for the Agency:
<bullet> Where possible, organize comments by referencing a
specific fact sheet (e.g., ``Sector A'') and the paragraph, table, or
part of the fact sheet.
<bullet> Explain as clearly as possible why you agree or disagree
with the current fact sheet language.
<bullet> Suggest alternatives and substitute language for any
requested changes.
<bullet> Describe any assumptions and provide any technical
information and/or data that you used.
<bullet> Provide specific examples to illustrate your concerns.
In addition to considering the comments received in response to
this Federal Register Notice, EPA will also consider the relevant
comments related to the fact sheets that the Agency received during the
public comment period for the proposed 2021 MSGP. Through this request
for comment, EPA intends to afford commenters the opportunity to
consider the full content of the fact sheets, rather than the subset of
information that was proposed as ``Appendix Q'' of the proposed 2021
MSGP, since ``Appendix Q'' only contained the SCM checklist portion of
the existing fact sheets. EPA encourages comment from all stakeholders,
including smaller industry groups, individual permittees, and community
and environmental groups.
EPA will assess the public input received and determine what
changes to the fact sheets are appropriate and warranted, and what, if
any, further research is needed to support the changes. EPA will then
make changes to the fact sheets and post the updated fact sheets on the
industrial stormwater website.
Dated: January 18, 2022.
Andrew D. Sawyers,
Director, Office of Wastewater Management, Office of Water.
[FR Doc. 2022-01382 Filed 1-24-22; 8:45 am]
BILLING CODE 6560-50-P
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