Notice2023-26146
Draft National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges From the Application of Pesticides; Reissuance
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 28, 2023
Issuing agencies
Environmental Protection Agency
Abstract
All ten Environmental Protection Agency (EPA) Regions are proposing for public comment the draft 2026 National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit (PGP)-- the draft 2026 PGP. The draft 2026 PGP covers point source discharges from the application of pesticides to waters of the United States. Once finalized, the draft 2026 PGP will replace the existing permit, the 2021 PGP, which was issued for a five-year term in the Federal Register on October 31, 2021, and expires October 31, 2026, at midnight. The draft 2026 PGP largely has the same conditions and requirements as EPA's previously issued PGPs, and would authorize certain point source discharges from the application of pesticides to waters of the United States in accordance with the terms and conditions described therein. EPA proposes to issue this permit for five (5) years in all areas of the country where EPA is the NPDES permitting authority. EPA solicits public comment on all aspects of the draft 2026 PGP. This Federal Register document describes the draft 2026 PGP in general and seeks comment as described in Section III.C of this document. The Fact Sheet accompanying the permit contains supporting documentation. EPA encourages the public to read the Fact Sheet to better understand the draft 2026 PGP.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 227 (Tuesday, November 28, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Notices]
[Pages 83120-83124]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26146]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2023-0268; FRL [10613-01-OW]
Draft National Pollutant Discharge Elimination System (NPDES)
Pesticide General Permit for Point Source Discharges From the
Application of Pesticides; Reissuance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of draft permit and request for public comment.
-----------------------------------------------------------------------
SUMMARY: All ten Environmental Protection Agency (EPA) Regions are
proposing for public comment the draft 2026 National Pollutant
Discharge Elimination System (NPDES) Pesticide General Permit (PGP)--
the draft 2026 PGP. The draft 2026 PGP covers point source discharges
from the application of pesticides to waters of the United States. Once
finalized, the draft 2026 PGP will replace the existing permit, the
2021 PGP, which was issued for a five-year term in the Federal Register
on October 31, 2021, and expires October 31, 2026, at midnight. The
draft 2026 PGP largely has the same conditions and requirements as
EPA's previously issued PGPs, and would authorize certain point source
discharges from the application of pesticides to waters of the United
States in accordance with the terms and conditions described therein.
EPA proposes to issue this permit for five (5) years in all areas of
the country where EPA is the NPDES permitting authority. EPA solicits
public comment on all aspects of the draft 2026 PGP. This Federal
Register document describes the draft 2026 PGP in general and seeks
comment as described in Section III.C of this document. The Fact Sheet
accompanying the permit contains supporting documentation. EPA
encourages the public to read the Fact Sheet to better understand the
draft 2026 PGP.
DATES: Written comments on the draft 2026 PGP must be received by
January 12, 2024.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2023-0268, by any of the following methods:
[[Page 83121]]
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the online instructions for submitting comments.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of 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. EPA-HQ-OW-2023-0268. 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 and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Contact the appropriate EPA Regional
office listed in Section I.D of this document, email <a href="/cdn-cgi/l/email-protection#2c7c6b7c6c495c4d024b435a"><span class="__cf_email__" data-cfemail="4b1b0c1b0b2e3b2a652c243d">[email protected]</span></a>, or
contact Lauren Mosesso, EPA Headquarters, Office of Water, Office of
Wastewater Management (4203M), 1200 Pennsylvania Avenue NW, Washington,
DC 20460; telephone number: 202-564-1012; email address:
<a href="/cdn-cgi/l/email-protection#7d10120e180e0e1253111c080f18133d180d1c531a120b"><span class="__cf_email__" data-cfemail="15787a667066667a3b79746067707b557065743b727a63">[email protected]</span></a>. Electronic versions of the draft 2026 PGP and
Fact Sheet are also available on EPA's NPDES website at <a href="https://www.epa.gov/npdes/pesticide-permitting">https://www.epa.gov/npdes/pesticide-permitting</a>.
SUPPLEMENTARY INFORMATION: This section is organized as follows:
Table of Contents
I. General Information
A. Does this action apply to me?
B. Public Participation
C. Finalizing the Draft 2026 PGP
D. Who are the EPA regional contacts for this draft permit?
II. Background
III. Scope and Applicability
A. Geographic Coverage
B. Categories of Pesticide Use-Patterns Covered
C. Summary of the Permit and Changes From the 2021 PGP
IV. Cost Impacts of the Draft 2026 PGP
V. Statutory and Executive Orders Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulations and Regulatory Review
B. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations and Executive Order 14096: Revitalizing Our Nation's
Commitment to Environmental Justice for All
C. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
I. General Information
A. Does this action apply to me?
You may be affected by this action if you apply pesticides under
the use patterns in section III.B of this document that result in a
discharge to waters of the United States in one of the geographic areas
identified in section III.A of this document. Potentially affected
entities, as categorized in the North American Industry Classification
System (NAICS), may include, but are not limited to:
Table 1--Entities Potentially Regulated by the Draft 2026 PGP
------------------------------------------------------------------------
Examples of
Category NAICS potentially affected
entities
------------------------------------------------------------------------
Agricultural entities--General 111 Crop Producers of crops
agricultural interests, Production. mainly for food and
farmers/producers, forestry, fiber, including
and irrigation. farms, orchards,
groves, greenhouses,
and nurseries that
have irrigation
ditches requiring
pest control.
113110 Timber The operation of
Tract Operations. timber tracts for
the purpose of
selling standing
timber.
113210 Forest Growing trees for
Nurseries reforestation and/or
Gathering of gathering forest
Forest Products. products, such as
gums, barks, balsam
needles, rhizomes,
fibers, Spanish
moss, ginseng, and
truffles.
221310 Water Operating irrigation
Supply for systems.
Irrigation.
Pesticide parties (includes 325320 Pesticide Formulation and
pesticide manufacturers, and Other preparation of
other pesticide users/ Agricultural agricultural pest
interests, and consultants). Chemical control chemicals.
Manufacturing.
Public health parties 923120 Government
(includes mosquito or other Administration establishments
vector control districts and of Public Health primarily engaged in
commercial applicators that Programs. the planning,
service these). Resource ................. administration, and
management parties (includes 924110 coordination of
State departments of fish and Administration public health
wildlife, State departments of Air and Water programs and
of pesticide regulation, Resource and services, including
State environmental agencies, Solid Waste environmental health
and universities). Management activities.
Programs. Government
................. establishments
................. primarily engaged in
................. the administration,
................. regulation, and
924120 enforcement of air
Administration and water resource
of Conservation programs; the
Programs. administration and
regulation of water
and air pollution
control and
prevention programs;
the administration
and regulation of
flood control
programs; the
administration and
regulation of
drainage development
and water resource
consumption
programs; and
coordination of
these activities at
intergovernmental
levels.
Government
establishments
primarily engaged in
the administration,
regulation,
supervision and
control of land use,
including
recreational areas;
conservation and
preservation of
natural resources;
erosion control;
geological survey
program
administration;
weather forecasting
program
administration; and
the administration
and protection of
publicly and
privately owned
forest lands.
Government
establishments
responsible for
planning,
management,
regulation and
conservation of
game, fish, and
wildlife
populations,
including wildlife
management areas and
field stations; and
other administrative
matters relating to
the protection of
fish, game, and
wildlife are
included in this
industry.
Utility parties (includes 221 Utilities.... Provide electric
utilities). power, natural gas,
steam supply, water
supply, and sewage
removal through a
permanent
infrastructure of
lines, mains, and
pipes.
------------------------------------------------------------------------
[[Page 83122]]
B. Public Participation
1. Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OW-2023-
0268, 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. EPA may publish
any comment received to its public docket. Do not submit to 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. 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.
2. Will public hearings be held on this action?
EPA has not scheduled any public hearings to receive public comment
concerning the draft 2026 PGP. However, interested persons may request
a public hearing concerning the draft 2026 PGP pursuant to 40 CFR
124.12. Requests for a public hearing must be sent or delivered in
writing to the same address as provided above for public comments prior
to the close of the comment period. Requests for a public hearing must
state the nature of the issues proposed to be raised in the hearing.
Pursuant to 40 CFR 124.12, EPA shall hold a public hearing if it finds,
on the basis of requests, a significant degree of public interest in a
public hearing on the draft 2026 PGP. If EPA decides to hold a public
hearing, a public notice of the date, time, and place of the hearing
will be made at least 30 days prior to the hearing. Any person may
provide written or oral statements and data pertaining to the draft
2026 PGP at any such public hearing.
C. Finalizing the Draft 2026 PGP
EPA intends to issue a final 2026 PGP on or prior to December 17,
2024, a condition of the Settlement Agreement in Center for Biological
Diversity v. EPA and FWS, No. 21-71306 (9th Cir.). The final 2026 PGP
will be issued after all public comments received during the public
comment period have been considered and any appropriate changes are
made to the draft 2026 PGP. EPA will include its response to
significant comments received in the docket as part of the final permit
decision. Once the final 2026 PGP becomes effective on October 31,
2026, eligible Operators may seek authorization under the new PGP as
outlined in the permit. To ensure uninterrupted permit coverage from
the 2021 PGP to the 2026 PGP, Operators who are required to submit a
Notice of Intent (NOI) must submit their NOI for coverage under the new
permit prior to discharge as outlined in the permit (e.g., no later
than 10 or 30 days before discharge). See Part 1.2.4 of the draft 2026
PGP.
D. Who are the EPA regional contacts for this draft permit?
For EPA Region 1, contact George Papadopoulos at tel.: (617) 918-
1579; or email at <a href="/cdn-cgi/l/email-protection#1f6f7e6f7e7b706f706a73706c31787a706d787a5f7a6f7e31787069"><span class="__cf_email__" data-cfemail="4a3a2b3a2b2e253a253f262539642d2f25382d2f0a2f3a2b642d253c">[email protected]</span></a>.
For EPA Region 2, contact Sergio Bosques at tel.: (787) 977-5838 or
<a href="/cdn-cgi/l/email-protection#7c1e130f0d09190f520f190e1b15133c190c1d521b130a"><span class="__cf_email__" data-cfemail="55373a26242030267b263027323c3a153025347b323a23">[email protected]</span></a>.
For EPA Region 3, contact Carissa Moncavage at tel.: (215) 814-
5798; or email at <a href="/cdn-cgi/l/email-protection#395456575a584f585e5c175a584b504a4a58795c4958175e564f"><span class="__cf_email__" data-cfemail="ea878584898b9c8b8d8fc4898b988399998baa8f9a8bc48d859c">[email protected]</span></a>.
For EPA Region 4, contact Sam Sampath at tel.: (404) 562-9229; or
email at <a href="/cdn-cgi/l/email-protection#1a697b776a7b6e7234697b775a7f6a7b347d756c"><span class="__cf_email__" data-cfemail="a0d3c1cdd0c1d4c88ed3c1cde0c5d0c18ec7cfd6">[email protected]</span></a>.
For EPA Region 5, contact John Colletti at tel.: (312) 886-6106; or
email at <a href="/cdn-cgi/l/email-protection#80e3efecece5f4f4e9aeeaefe8eec0e5f0e1aee7eff6"><span class="__cf_email__" data-cfemail="95f6faf9f9f0e1e1fcbbfffafdfbd5f0e5f4bbf2fae3">[email protected]</span></a>.
For EPA Region 6, contact William F. Cooper at tel.: (214) 665-6443
or email at <a href="/cdn-cgi/l/email-protection#caa9a5a5baafb8e4bda3a6a6a3aba7ac8aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="4625292936233468312f2a2a2f272b200623362768212930">[email protected]</span></a>.
For EPA Region 7, contact Alex Owutaka at tel.: (913) 551-7584 or
email at: <a href="/cdn-cgi/l/email-protection#91fee6e4e5f0faf0bff0fdf4e9d1f4e1f0bff6fee7"><span class="__cf_email__" data-cfemail="d9b6aeacadb8b2b8f7b8b5bca199bca9b8f7beb6af">[email protected]</span></a>.
For EPA Region 8, contact Margaret Kennedy at tel.: (303) 312-6644
or email at: <a href="/cdn-cgi/l/email-protection#dbb0beb5b5bebfa2f5b6baa9bcbaa9beaf9bbeabbaf5bcb4ad"><span class="__cf_email__" data-cfemail="670c02090902031e490a061500061502132702170649000811">[email protected]</span></a>.
For EPA Region 9, contact Prasad Gullapalli at tel.: (415) 972-3406
or email at: <a href="/cdn-cgi/l/email-protection#ca8dbfa6a6abbaaba6a6a3e49ab8abb9abae8aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="df98aab3b3beafbeb3b3b6f18fadbeacbebb9fbaafbef1b8b0a9">[email protected]</span></a>.
For EPA Region 10, contact Bilin Basu at tel.: (206) 553-0029 or
email at: <a href="/cdn-cgi/l/email-protection#e88a899b9dc68a81848186a88d9889c68f879e"><span class="__cf_email__" data-cfemail="15777466603b777c797c7b557065743b727a63">[email protected]</span></a>.
II. Background
Section 301(a) of the CWA provides that ``the discharge of any
pollutant by any person shall be unlawful'' unless the discharge is in
compliance with certain other sections of the Act. 33 U.S.C. 1311(a).
The CWA defines ``discharge of a pollutant'' as ``(A) any addition of
any pollutant to navigable waters from any point source and (B) any
addition of any pollutant to the waters of the contiguous zone or the
ocean from any point source other than a vessel or other floating
craft.'' 33 U.S.C. 1362(12). A ``point source'' is any ``discernible,
confined and discrete conveyance'' but does not include ``agricultural
stormwater discharges and return flows from irrigated agriculture.''
1362(14). The term ``pollutant'' includes among other things ``garbage
. . . chemical wastes, biological materials . . . and industrial,
municipal, and agricultural waste discharged into water.'' 33 U.S.C.
1362(6).
A person may discharge a pollutant without violating the Section
301 prohibition by obtaining authorization to discharge (referred to
herein as ``coverage'') under a Section 402 NPDES permit (33 U.S.C.
1342). Under Section 402(a), EPA may ``issue a permit for the discharge
of any pollutant, or combination of pollutants, notwithstanding Section
1311(a)'' upon meeting certain conditions required by the Act.
EPA issued the first Pesticide General Permit (``2011 PGP'') on
October 31, 2011, in response to the United States Sixth Circuit Court
of Appeals ruling vacating EPA's 2006 Final Rule on Aquatic Pesticides.
National Cotton Council of America. v. EPA, 553 F.3d 927 (6th Cir.
2009). EPA developed the PGP to control point source discharges of
biological pesticides and chemical pesticides that leave a residue into
waters of the United States. The PGP provides coverage for certain
point source discharges of pollutants to waters of the United States in
areas where EPA is the permitting authority. In 2016, EPA issued the
second PGP (``2016 PGP'') and, in 2021, issued the third PGP (``2021
PGP''). In October 2021, the Center for Biological Diversity filed a
petition in the U.S. Court of Appeals for the Ninth Circuit challenging
EPA's issuance of the 2021 PGP. The petition alleged that EPA failed to
comply with the CWA in issuing the 2021 PGP, and that EPA and the U.S.
Fish and Wildlife Service (FWS) failed to comply with the Endangered
Species Act (ESA) in issuing the 2021 PGP. A Settlement Agreement in
Center for Biological Diversity v. EPA and FWS, No. 21-71306 (9th Cir.)
was finalized on July 25, 2023. The settlement agreement committed EPA
(1) to initiate formal ESA consultation on the draft 2026 PGP by
February 1, 2024; (2) to propose certain revisions to the monitoring
and recordkeeping provisions for public comment when proposing the
draft 2026 PGP; and (3) to issue the 2026 PGP on or before December 17,
2024.
[[Page 83123]]
III. Scope and Applicability
A. Geographic Coverage
EPA provides permit coverage for classes of point source discharges
of pollutants that occur in areas where EPA is the NPDES permitting
authority. The geographic coverage of the draft 2026 PGP is listed in
Appendix C of the permit.
B. Categories of Pesticide Use-Patterns Covered
The draft 2026 PGP has largely the same requirements and conditions
as the 2021 PGP and regulates the same discharges of pollutants to
waters of the United States from the application of (1) biological
pesticides, and (2) chemical pesticides that leave a residue. The draft
2026 PGP applies to the following same pesticide use patterns:
<bullet> Mosquito and Other Flying Insect Pest Control
<bullet> Weed and Algae Pest Control
<bullet> Animal Pest Control
<bullet> Forest Canopy Pest Control
The scope of activities encompassed by these pesticide use patterns
is described in greater detail in Part III.1.1 of the Fact Sheet for
the draft 2026 PGP.
C. Summary of the Permit and Changes From the 2021 PGP
Once effective, the final 2026 PGP will replace the 2021 PGP, which
became effective for a five-year term on October 31, 2021 (86 FR
51665), and expires October 31, 2026, at midnight. The draft 2026 PGP
is largely similar to the 2021 PGP, and is structured in the same nine
parts: (1) Coverage Under This Permit, (2) Technology-Based Effluent
Limitations, (3) Water Quality-Based Effluent Limitations, (4)
Monitoring, (5) Pesticide Discharge Management Plan, (6) Corrective
Action, (7) Recordkeeping and Annual Reporting, (8) EPA Contact
Information and Mailing Addresses, and (9) Permit Conditions Applicable
to Specific States (including Territories) and Indian Country.
Additionally, as with the 2021 PGP, the draft 2026 PGP includes nine
appendices with additional conditions and guidance for permittees: (A)
Definitions, Abbreviations, and Acronyms, (B) Standard Permit
Conditions, (C) Areas Covered, (D) Notice of Intent (NOI) form, (E)
Notice of Termination (NOT) form, (F) Pesticide Discharge Evaluation
Worksheet (PDEW), (G) Annual Reporting Template, (H) Adverse Incident
Report Template, and (I) Endangered Species Procedures.
The following is a summary of the draft 2026 PGP's proposed
requirements:
<bullet> The PGP defines ``Operator'' (i.e., the entity required to
obtain NPDES permit coverage for discharges) to include any (a)
Applicator who performs the application of pesticides or has day-to-day
control of the application of pesticides that results in a discharge to
waters of the United States, or (b) Decision-maker who controls any
decision to apply pesticides that results in a discharge to waters of
the United States. There may be instances when a single entity acts as
both an Applicator and a Decision-maker.
<bullet> All Applicators are required to minimize pesticide
discharges by using only the amount of pesticide and frequency of
pesticide application necessary to control the target pest, maintain
pesticide application equipment in proper operating condition, control
discharges as necessary to meet applicable water quality standards, and
monitor for and report any adverse incidents.
<bullet> All Decision-makers are required, to the extent not
determined by the Applicator, to minimize pesticide discharges by using
only the amount of pesticide and frequency of pesticide application
necessary to control the target pest. All Decision-makers are also
required to control discharges as necessary to meet applicable water
quality standards and monitor for and report any adverse incidents.
<bullet> Certain Decision-makers are required also to submit an NOI
to obtain authorization to discharge and to implement pest management
options to reduce the discharge of pesticides to waters of the United
States. These Decision-makers are: agencies for which pest management
for land resource stewardship is an integral part of the organization's
operations; entities with a specific responsibility to control pests
(e.g., mosquito and weed control districts); local governments or other
entities that apply pesticides in excess of specified annual treatment
area thresholds; and entities that discharge pesticides to Tier 3
waters (Outstanding National Resource Waters, 40 CFR 131.12(a)(3)) or
to waters of the United States containing Fish and Wildlife Service
(FWS) Listed Resources of Concern and/or National Marine Fisheries
Service (NMFS) Listed Resources of Concern.
<bullet> Within this group, certain large Decision-makers (any (1)
public entity that serves a population greater than 10,000 or (2)
private enterprise that exceeds the Small Business Administration size
standard as identified in 13 CFR 121.201) must also develop a Pesticide
Discharge Management Plan (PDMP), submit annual reports, and maintain
detailed records. Whereas certain small Decision-makers (any (1) public
entity that serves a population of 10,000 or less or (2) private
enterprise that does not exceed the Small Business Administration size
standard as identified in 13 CFR 121.201) are required to complete a
pesticide discharge evaluation worksheet for each pesticide application
(in lieu of the more comprehensive PDMP), an annual report, and
detailed recordkeeping.
<bullet> Deadlines for submittal of an NOI to be covered, if
required, are provided in Part 1.2.3, Table 1-2, of the draft 2026 PGP.
EPA encourages the public to review and comment on all aspects and
provisions in the draft 2026 PGP. The draft 2026 PGP is largely similar
to the 2021 PGP but includes the changes listed below. See Part III of
the draft 2026 PGP fact sheet for further discussion.
(1) Adds Part 4.3, Documentation of Visual Monitoring, to reiterate
the requirement to record visual monitoring as required under the
Recordkeeping portions of the permit Parts 7.2, 7.3, and 7.4;
(2) Adds Part 4.4, Additional Monitoring, to emphasize additional
monitoring could be required by EPA to ensure compliance with PGP;
(3) Requires Decision-makers to submit Pesticide Discharge
Management Plan (PDMP) with NOI submission (Part 5);
(4) Updates PDMP contents to include visual monitoring procedures
(Part 5);
(5) Adds that if visual monitoring was performed, the record must
include the date, time, and location (Part 7);
(6) Requires Decision-makers to submit visual monitoring records
with an Annual Report (Part 7);
(7) Adds a field for NAICS Code on the Notice of Intent form
(Appendix D);
(8) Adds a field for latitude and longitude of the Pest Management
Area on the Notice of Intent form (Appendix D);
(9) Adds the terms ``Fish and Wildlife Service Listed Resources of
Concern'' and ``Lands of Exclusive Federal Jurisdiction'' to Appendix
A, Definitions and Acronyms;
(10) Updates Appendix C, Areas Covered, to add permit numbers for
other areas of Indian Country and Lands of Exclusive Federal
Jurisdiction.
(11) Adds the term, ``Fish and Wildlife Service (FWS) Listed
Resources of Concern'' where the permit already includes the term,
``National Marine Fisheries Service (NMFS) Listed Resources of
Concern'' to reflect proposed permit changes to address
[[Page 83124]]
listed species and designated critical habitats under the jurisdiction
of FWS;
(12) Notes in Part 1.1.2.4 that aerial image of the pest management
area(s) may not be needed if EPA's geospatial mapping tool is available
to provide supporting documentation when selecting ESA eligibility
Criterion A;
(13) Directs Decision-makers who are required to submit an NOI to
include activities resulting in a discharge to waters of the United
States containing FWS Listed Resources of Concern on the NOI (Part
1.2.2), and updates the NOI form to reflect this change (Appendix D);
(14) Updates Appendix I, Endangered Species Procedures, to clarify
the procedures with a worksheet format to guide Operators through the
ESA eligibility criteria.
IV. Cost Impacts of the Draft 2026 PGP
Based on the cost analyses performed for EPA's previously issued
PGPs, EPA expects the costs that covered entities, including small
businesses, will bear to comply with this permit will be minimal. Since
the draft 2026 PGP is largely similar to the 2021 PGP, EPA projects
that the proposed changes will have minimal incremental cost impacts on
regulated entities. Copies of EPA's economic analyses and cost impact
analyses for EPA's previously issued PGPs are available in the docket
for this permit. See Appendix D of the draft 2026 PGP Fact Sheet for
further discussion of the potential incremental costs of the draft 2026
PGP.
V. Statutory and Executive Orders Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review
The draft 2026 PGP is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
EPA believes that the human health and environmental conditions
that exist prior to this action is not likely to result in
disproportionate and adverse effects on communities with EJ concerns.
As part of the general permit development process, EPA reviews
available information to evaluate whether issuance of a permit could
affect overburdened communities. The information supporting this
Executive Order review is contained in Appendix E of the draft 2026 PGP
Fact Sheet.
C. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. It will neither impose substantial direct
compliance costs on federally recognized tribal governments, nor
preempt tribal law. EPA directly implements the NPDES Program,
including the 2026 PGP when it is finalized, in Indian Country;
therefore, in compliance with EPA Policy on Consultation and
Coordination with Indian Tribes, EPA consulted with tribal officials
early in the process to provide tribes an opportunity to have
meaningful and timely input into the renewal of the PGP. To gain an
understanding of, and where necessary, to address tribal implications
of the draft 2026 PGP, EPA conducted the following activities:
<bullet> August 22, 2023--EPA emailed notification letters to
tribal leaders initiating consultation and coordination on the renewal
of the PGP. The initiation letter was also posted on EPA's Tribal
Consultation Opportunities Tracking System (TCOTS) at <a href="https://tcots.epa.gov/">https://tcots.epa.gov/</a>.
<bullet> September 19 and 21, 2023--EPA held two informational
webinars open to all tribal representatives and reserved the last part
of each webinar for official consultation comments. Eighteen tribal
representatives participated in the webinar. No official comments were
received during the webinar. The presentation was posted on the tribal
portal website at <a href="http://tcots.epa.gov">http://tcots.epa.gov</a>.
EPA received one comment from tribes and tribal organizations
during the consultation and coordination period. Records of the tribal
informational webinar and a consultation summary are included in the
docket for this proposed action (Docket ID No. EPA-HQ-OW-2023-0268).
EPA has considered the comment received in the proposal. The Agency
specifically solicits additional comment on this proposed permit during
the public comment period. EPA also notes that as part of the
finalization of this proposed permit, the Agency will complete the
Clean Water Act section 401 certification procedures with all
authorized tribes where this permit will apply.
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
David W. Cash,
Regional Administrator, EPA Region 1.
Christine Ash,
Acting Director, Water Division, EPA Region 2.
Carmen R. Guerrero-P[eacute]rez,
Director, Caribbean Environmental Protection Division, EPA Region 2.
Catherine Libertz,
Director, Water Division, EPA Region 3.
Christopher Thomas,
Acting Director, Water Division, EPA Region 4.
Tera L. Fong,
Director, Water Division, EPA Region 5.
Dzung Kim Ngo Kidd,
Acting Director, Water Division, EPA Region 6.
Dana Skelley,
Acting Director, Water Division, EPA Region 7.
Darcy O'Connor,
Director, Water Division, EPA Region 8.
Tom[aacute]s Torres,
Director, Water Division, EPA Region 9.
Michael J. Szerlog,
Acting Director, Water Division, EPA Region 10.
[FR Doc. 2023-26146 Filed 11-27-23; 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 28, 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.