Notice2023-26038
Implementing the Supreme Court's Maui Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System Permit Program
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
November 27, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is issuing for public comment a draft guidance on applying the recent decision of the United States Supreme Court in County of Maui v. Hawaii Wildlife Fund, in the Clean Water Act Section 402 National Pollutant Discharge Elimination System (NPDES) permit program for point source discharges that travel through groundwater before reaching a water of the United States. This guidance will not have the force and effect of law and it will not bind the public in any way. By issuing this guidance, the EPA intends only to provide clarity to the public regarding existing requirements under the law or Agency policies.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 226 (Monday, November 27, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Notices]
[Page 82891]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26038]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2023-0551; FRL-8242.2-02-OW]
Implementing the Supreme Court's Maui Decision in the Clean Water
Act Section 402 National Pollutant Discharge Elimination System Permit
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability of draft guidance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency (EPA) is issuing for
public comment a draft guidance on applying the recent decision of the
United States Supreme Court in County of Maui v. Hawaii Wildlife Fund,
in the Clean Water Act Section 402 National Pollutant Discharge
Elimination System (NPDES) permit program for point source discharges
that travel through groundwater before reaching a water of the United
States. This guidance will not have the force and effect of law and it
will not bind the public in any way. By issuing this guidance, the EPA
intends only to provide clarity to the public regarding existing
requirements under the law or Agency policies.
DATES: Comments must be received on or before December 27, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2023-0551, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(our preferred method). Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://www.regulations.gov">www.regulations.gov</a>.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Water Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
<bullet> Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m.,
Monday through Friday (except Federal Holidays).
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.
FOR FURTHER INFORMATION CONTACT: Marcus Zobrist, Office of Wastewater
Management, Water Permits Division (MC4203M), Environmental Protection
Agency. 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
number: (202) 564-8311; email address: <a href="/cdn-cgi/l/email-protection#a4fecbc6d6cdd7d08ae9c5d6c7d1d7e4c1d4c58ac3cbd2"><span class="__cf_email__" data-cfemail="f9a3969b8b908a8dd7b4988b9a8c8ab99c8998d79e968f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Submit your comments, identified by Docket ID No. EPA-HQ-OW-2023-
0551, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method), or the
other methods identified in the ADDRESSES section. 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 to the
EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you
consider to be Confidential Business Information (CBI), Proprietary
Business Information (PBI), 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. The 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). Please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a> for additional submission methods; the
full EPA public comment policy; information about CBI, PBI, or
multimedia submissions; and general guidance on making effective
comments.
II. How can I get copies of this document and other related
information?
You may access this document electronically at <a href="https://www.epa.gov/npdes/releases-point-source-groundwater">https://www.epa.gov/npdes/releases-point-source-groundwater</a> or at <a href="https://www.federalregister.gov">https://www.federalregister.gov</a>. The EPA established an official public docket
under Docket ID No. EPA-HQ-OW-2023-0551 which is accessible
electronically at <a href="http://www.regulations.gov">http://www.regulations.gov</a> that will also contain
copies of this Federal Register document. The public docket does not
include CBI or other information whose disclosure is restricted by
statute. The telephone number for the Water Docket is (202) 566-2426.
Radhika Fox,
Assistant Administrator.
[FR Doc. 2023-26038 Filed 11-24-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 27, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.