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Notice2024-29402

National Pollutant Discharge Elimination System (NPDES) 2026 Issuance of the Multi-Sector General Permit for Stormwater Discharges Associated With Industrial Activity

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Published

December 13, 2024

Issuing agencies

Environmental Protection Agency

Abstract

All 10 Environmental Protection Agency (EPA) Regions are proposing for public comment the 2026 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges associated with industrial activity, also referred to as the "2026 Multi-Sector General Permit (MSGP)" or the "proposed permit." The proposed permit once finalized will replace the EPA's existing MSGP that expires on February 28, 2026. The EPA proposes to issue this permit for five (5) years. Once finalized, this permit will be available in areas where the EPA is the NPDES permitting authority. The EPA solicits comment on all aspects of the proposed general permit and seeks public comment on specific requests for information as described in of this document. The public is encouraged to read the proposed permit fact sheet to better understand the proposed permit requirements. The proposed permit and fact sheet can be found at https://www.epa.gov/npdes/stormwater-discharges-industrial-activities.

Full Text

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<title>Federal Register, Volume 89 Issue 240 (Friday, December 13, 2024)</title>
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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 101000-101005]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29402]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2024-0481; FRL 11244-01-OW]

National Pollutant Discharge Elimination System (NPDES) 2026
Issuance of the Multi-Sector General Permit for Stormwater Discharges
Associated With Industrial Activity

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: All 10 Environmental Protection Agency (EPA) Regions are
proposing for public comment the 2026 National Pollutant Discharge
Elimination System (NPDES) general permit for stormwater discharges
associated with industrial activity, also referred to as the ``2026
Multi-Sector General Permit (MSGP)'' or the ``proposed permit.'' The
proposed permit once finalized will replace the EPA's existing MSGP
that expires on February 28, 2026. The EPA proposes to issue this
permit for five (5) years. Once finalized, this permit will be
available in areas where the EPA is the NPDES permitting authority. The
EPA solicits comment on all aspects of the proposed general permit and
seeks public comment on specific requests for information as described
in of this document. The public is encouraged to read the proposed
permit fact sheet to better understand the proposed permit
requirements. The proposed permit and fact sheet can be found at
<a href="https://www.epa.gov/npdes/stormwater-discharges-industrial-activities">https://www.epa.gov/npdes/stormwater-discharges-industrial-activities</a>.

DATES: Comments must be received on or before February 11, 2025. Under
the Paperwork Reduction Act, comments on the information collection
provisions must be received by OMB on or before January 13, 2025.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2024-0481, 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.
<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.-4:30 p.m.,
Monday-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 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, or contact Alicia
Denning, EPA Headquarters, Office of Water, Office of Wastewater
Management, Mail Code 4203M, 1200 Pennsylvania Avenue NW, Washington,
DC 20460; telephone number: 202-564-0018; email address:
<a href="/cdn-cgi/l/email-protection#66020308080f080148070a0f050f072603160748010910">[email&#160;protected]</a>. Electronic versions of the proposed permit and
fact sheet are also available on EPA's NPDES website at <a href="https://www.epa.gov/npdes/stormwater-discharges-industrial-activities">https://www.epa.gov/npdes/stormwater-discharges-industrial-activities</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 2026 MSGP
D. EPA Regional Contacts for the Proposed MSGP
II. Background
III. Scope and Applicability
A. Geographic Coverage
B. Activities Covered
C. Summary of Proposed Permit and Changes from the 2021 MSGP
D. Specific Requests for Comment
IV. Cost Impacts of the Proposed 2026 MSGP
V. Public Notice of Clean Water Act Section 401 Certification on
Behalf of Tribes Without Treatment as a State Authority and for
Lands of Exclusive Federal Jurisdiction
VI. Statutory and Executive Orders Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 14094: Modernizing Regulatory Review
B. Paperwork Reduction Act (PRA)
C. 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
D. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments

I. General Information

A. Does this action apply to me?

The proposed permit covers stormwater discharges from industrial
facilities in the 30 sectors 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.
Sector AA--Fabricated Metal Products.

[[Page 101001]]

Sector AB--Transportation Equipment, Industrial or Commercial
Machinery.
Sector AC--Electronic, Electrical, Photographic and Optical Goods.
Sector AD--Reserved for Facilities Not Covered Under Other Sectors
and Designated by the Director.

Coverage under the proposed 2026 MSGP is available to operators of
eligible facilities located in areas where the EPA is the permitting
authority. A list of eligible areas is included in Appendix C of the
proposed 2026 MSGP.

B. Public Participation

1. Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OW-2024-
0481, 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.
2. Will public hearings be held on this action?
The EPA has not scheduled any public hearings to receive public
comment concerning the proposed permit. All persons will continue to
have the right to provide written comments during the public comment
period. However, interested persons may request a public hearing
pursuant to 40 CFR 124.12 concerning the proposed permit. Requests for
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 and must state the nature of the issue the requester would like
raised in the hearing. Pursuant to 40 CFR 124.12, the 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 proposed permit.
If the EPA decides to hold a public hearing, a public notice of 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 proposed permit at the public hearing. The EPA will
host two public informational webinars on the proposed permit. Details
of the dates of those webinars and how to attend will be posted on
EPA's NPDES website at <a href="https://www.epa.gov/npdes/stormwater-discharges-industrial-activities">https://www.epa.gov/npdes/stormwater-discharges-industrial-activities</a>.

C. Finalizing the 2026 MSGP

The final 2026 MSGP will be issued after all public comments
received during the public comment period have been considered and any
appropriate changes are made to the proposed permit. The EPA will
include its response to significant comments received in the docket as
part of the final permit decision. Once the final 2026 MSGP becomes
effective, eligible operators of industrial facilities may seek
authorization as outlined in the permit.

D. EPA Regional Contacts for the Proposed MSGP

For EPA Region 1, contact Abdulrahman Ragab at tel.: (617) 918-
1586; or email at <a href="/cdn-cgi/l/email-protection#7426151315165a151610011806151c19151a341104155a131b02">[email&#160;protected]</a>.
For EPA Region 2 (New York and New Jersey), contact Sieglinde
Pylypchuk at tel.: (212)-637-4133; or email at
<a href="/cdn-cgi/l/email-protection#91c1e8fde8e1f2f9e4fabfc2f8f4f6fdf8fff5f4d1f4e1f0bff6fee7">[email&#160;protected]</a>.
For EPA Region 2 (Carribean), contact Sergio Bosques at tel: (787)
977-5828; or email at <a href="/cdn-cgi/l/email-protection#f7b5988486829284d9a49285909e98b7928796d9909881">[email&#160;protected]</a>.
For EPA Region 3, contact Shana Stephens at tel.: (215) 814-2771;
or email at <a href="/cdn-cgi/l/email-protection#94e7e0f1e4fcf1fae7bae7fcf5faf5d4f1e4f5baf3fbe2">[email&#160;protected]</a>.
For EPA Region 4, contact Mike Mitchell at tel.: (404) 562-9303; or
email <a href="/cdn-cgi/l/email-protection#7d1c093014091e151811115330141e151c18113d180d1c531a120b">[email&#160;protected]</a>.
For EPA Region 5, contact Krista McKim at tel.: (312) 353-8270; or
email at <a href="/cdn-cgi/l/email-protection#721f11191b1f5c19001b010613321702135c151d04">[email&#160;protected]</a>.
For EPA Region 6, contact Nasim Jahan at tel.: (214)-665-7522; or
email <a href="/cdn-cgi/l/email-protection#e68792ac878e8788c8a887958f8ba6839687c8818990">[email&#160;protected]</a>.
For EPA Region 7, contact Mark Matthews at tel.: (913)-551-7635; or
email <a href="/cdn-cgi/l/email-protection#452431082431312d2032366b0824372e052035246b222a33">[email&#160;protected]</a>.
For EPA Region 8, contact Paul Garrison at tel.: (303)-312-6016; or
email <a href="/cdn-cgi/l/email-protection#d0b1a4b7b1a2a2b9a3bfbefea0b1a5bc90b5a0b1feb7bfa6">[email&#160;protected]</a>.
For EPA Region 9, contact Eugene Bromley at tel.: (415)-972-3510;
or email at <a href="/cdn-cgi/l/email-protection#773505181a1b120e593202101219123712071659101801">[email&#160;protected]</a>.
For EPA Region 10, contact Jill Seale at tel.: (206) 553-1582; or
email <a href="/cdn-cgi/l/email-protection#96f7e2c5f3f7faf3b8dcfffafad6f3e6f7b8f1f9e0">[email&#160;protected]</a>.

II. Background

Section 405 of the Water Quality Act of 1987 added section 402(p)
of the Clean Water Act (CWA), which directed the EPA to develop a
phased approach to regulate stormwater discharges under the NPDES
program. The EPA published a final regulation on the first phase on
this program on November 16, 1990, establishing permit application
requirements for ``stormwater discharges associated with industrial
activity.'' See 55 FR 48063. The EPA defined the term ``stormwater
discharge associated with industrial activity'' in a comprehensive
manner to cover a wide variety of facilities. See 40 CFR 122.26(b)(14).
The EPA proposes to issue the MSGP under this statutory and regulatory
authority.
Under CWA section 402(a)(5), 402(b), and 40 CFR part 123, the EPA
can authorize states, Tribes, and territories to implement the NPDES
program and issue permits for discharges in their jurisdictions. To
date, 47 states and one territory (the U.S. Virgin Islands) have been
either fully or partially authorized for NPDES program administration.
Where states, Tribes, and territories have not received program
authorization, the EPA remains the NPDES permitting authority and is
responsible for direct implementation of the NPDES program in those
jurisdictions. The EPA is the sole NPDES permitting authority in:
Massachusetts, New Hampshire, and New Mexico; all Indian country except
in Maine; the District of Columbia; Federal facilities in Colorado,
Delaware, Vermont, and Washington; all territories except the U.S.
Virgin Islands; and all Lands of Exclusive Federal Jurisdiction. The
EPA issues several NPDES general permits that cover ``all areas where
the EPA is the permitting authority'' that include the states, Indian
country, and territories named above, unless otherwise specified in
those permits. The proposed 2026 MSGP will also be issued and available
to authorize eligible discharges in all areas where the EPA is the
permitting authority, as described in Appendix C of the proposed
permit.

III. Scope and Applicability

A. Geographic Coverage

The 2026 MSGP will cover stormwater discharges from industrial
facilities in areas where the EPA is the NPDES permitting authority.
The geographic coverage of this permit is

[[Page 101002]]

listed in Appendix C of the proposed permit.

B. Activities Covered

This permit will authorize stormwater discharges from industrial
facilities in 30 sectors, as shown in section I.A. of this document.

C. Summary of the Proposed Permit and Changes From the 2021 MSGP

Once effective, the final 2026 MSGP will replace the 2021 MSGP. The
2021 MSGP became effective on March 1, 2021 (86 FR 10269).
Subsequently, EPA finalized a minor modification to the 2021 MSGP that
became effective on September 29, 2021. The 2021 MSGP expires February
28, 2026, at midnight. The proposed permit is similar to the existing
permit and is structured in nine (9) parts: general requirements that
apply to all facilities (e.g., eligibility requirements, effluent
limitations and other limitations, inspection and monitoring
requirements, Stormwater Pollution Prevention Plan (SWPPP)
requirements, and reporting and recordkeeping requirements) (Parts 1-
7); industrial sector-specific conditions (Part 8); and State- and
Tribal-specific requirements applicable to facilities located within
individual states or Indian Country (Part 9). Additionally, the
appendices provide proposed forms for the Notice of Intent (NOI), the
Notice of Termination (NOT), the Conditional No Exposure Certification
(NEC), the Discharge Monitoring Report (DMR), and the annual report, as
well as step-by-step procedures for determining eligibility with
respect to protecting historic properties and endangered species, and
for calculating site-specific, hardness-dependent benchmarks.
The proposed 2026 MSGP includes a number of new or modified
requirements compared to the 2021 MSGP. The following list summarizes
the more significant proposed changes to the MSGP. The EPA requests
comment on these modifications and all parts of the proposed permit.
1. Designing Stormwater Control Measures for Resiliency. The EPA is
proposing a revision to the considerations that were in the 2021 MSGP
to ensure operators consider best available data when designing
stormwater control measures to withstand future weather conditions. See
Part 2.1.1.8 of the proposed permit.
2. Water Quality-Based Effluent Limitations or Other Limitations.
The EPA is proposing a revision to the water quality-based effluent
limitations and other limitations. The revised provision specifies that
discharges must not contain or result in observable deposits of
floating solids, scum, sheen, or substances; an observable film or
sheen upon or discoloration from oil and grease; or foam or substances
that produce an observable change in color. See Part 2.2 of the
proposed permit.
3. Monitoring Changes.
<bullet> Indicator Monitoring for Per- and Polyfluoroalkyl
Substances (PFAS). The EPA is proposing a new provision in the 2026
MSGP that requires sectors A, B, C, D, F, I, K, L, M, N, P, R, S, T, U,
V, W, X, Y, Z, AA, AB, and AC to conduct quarterly ``report-only''
indicator analytical monitoring for PFAS. See Part 4.2.1.1.c of the
proposed permit.
<bullet> Updating Monitoring Requirements for Certain Sectors. The
EPA is proposing a shift from report-only indicator monitoring to
benchmark monitoring for certain sectors. EPA evaluated indicator
monitoring results for pH, total suspended solids, and chemical oxygen
demand from the 2021 MSGP permit term and compared them to 2021
benchmark thresholds for those parameters. EPA is proposing to shift
the monitoring requirements from indicator to benchmark monitoring for
those sectors with a significant number of data points that would have
exceeded the 2021 benchmark threshold. Benchmark monitoring parameters
are proposed based on indicator monitoring results collected under the
2021 MSGP, along with industry analysis of common activities and
materials which expose pollutants to stormwater. Depending on the
sector, specific benchmark monitoring parameters may include pH, total
suspended solids, chemical oxygen demand, ammonia, nitrate, nitrite,
and metals. See Part 4.2.2 of the proposed permit and fact sheet.
<bullet> Updating the Benchmark Monitoring Schedule. The EPA is
proposing a modified benchmark monitoring schedule in the 2026 MSGP.
Operators will be required to conduct quarterly benchmark monitoring in
their first three years of permit coverage or until twelve quarters of
monitoring data are collected. See Part 4.2.2.2 of the proposed permit.
<bullet> Impaired Waters Monitoring. The EPA is proposing a change
to the structure and schedule of impaired waters monitoring in the 2026
MSGP. Operators discharging to impaired waters must complete quarterly
monitoring for all pollutants for which the waterbody is impaired. If a
pollutant is detected, the operator must do corrective action. See Part
4.2.5.1 of the proposed permit.
4. Additional Implementation Measures (AIM).
<bullet> Updates to Corrective Action. The EPA is proposing that
facilities must conduct an inspection to identify the cause of a
benchmark exceedance when AIM level 1 is triggered in the 2026 MSGP.
See Part 5.2 of the proposed permit.
<bullet> Natural Background Exception. The EPA is proposing a
requirement for operators to provide analytical results of stormwater
runoff from natural background and to get EPA approval to claim a
natural background exception in the 2026 MSGP. Until the operator
receives approval from the EPA, they must continue monitoring. See Part
5.2 of the proposed permit.
<bullet> Reporting. The EPA is proposing that operators must submit
an AIM Triggering Event Report to the EPA in response to triggering AIM
at any level. This requirement ensures that operators investigate and
document the cause of the AIM triggering event and design corrective
action to reduce pollutant loads. See Part 5.2 of the proposed permit.

D. Specific Requests for Comment

While the EPA encourages the public to review and comment on all
provisions in the proposed 2026 MSGP, the EPA has included in the body
of the proposed permit several proposed provisions on which the EPA
specifically requests feedback. The following list summarizes these
specific requests for comment and where they are included in the
permit. The EPA notes that these are only summaries of the requests for
comment and recommends that the public see the specific wording of each
comment request within the body of the permit.
<bullet> Request for comment on the possible discharge of 6PPD-
quinone in stormwater. The EPA is interested in learning more about how
to identify likely sources of 6PPD-quinone in stormwater discharges,
what controls may be effective in minimizing the discharge of this
contaminant from regulated facilities, and what monitoring requirements
may be appropriate for potential sources.
<bullet> Request for comment on requiring PFAS indicator monitoring
using Method 1621, Determination of Adsorbable Organic Fluorine (AOF)
in Aqueous Matrices by Combustion Ion Chromatography (CIC), in addition
to Method 1633.
<bullet> Request for comment on whether EPA should include
benchmark monitoring for iron and magnesium and for any information
related to acute effects or effects from intermittent exposure to iron
or magnesium on aquatic organisms.
<bullet> Request for comment on whether benchmark monitoring for
certain

[[Page 101003]]

parameters is appropriate for specific subsectors: L2: Manganese; N2:
Cobalt, Manganese, arsenic, and silver; O1: Barium, beryllium, cadmium,
cobalt, selenium, lead, magnesium, manganese, mercury, silver, and
thallium; P1: Aluminum, manganese, and nickel; AB1: Antimony, arsenic,
barium, cobalt, manganese, silver, vanadium. See Part 8 of the proposed
permit.
<bullet> Request for comment on whether PFAS-related benchmark
monitoring should be applied to some, or all, of the sectors identified
for PFAS-indicator monitoring. EPA recently published aquatic life
criteria for PFOA and PFOS, as well as Clean Water Act Aquatic Life
Benchmarks for PFAS (89 FR 81077) that could be considered as benchmark
monitoring threshold(s).
<bullet> Request for comment on the proposed approach in Part
4.2.5.1 that requires impaired waters monitoring throughout the entire
permit term. EPA is also interested in alternative approaches for
monitoring impaired waters.

IV. Cost Impacts of the Proposed 2026 MSGP

The EPA estimates anticipates the incremental cost for new or
modified permit requirements will be, on average, and annual cost of
approximately $4,670 per facility; or $9.84 million nationwide. A copy
of the EPA's cost analysis for the proposed permit, titled ``Cost
Impact Analysis for the Proposed 2026 MSGP,'' is available in the
docket (Docket ID No. EPA-HQ-OW-2024-0481). The economic impact
analysis indicates that while there will be an incremental increase in
the costs of complying with the new proposed permit, these costs will
not have a significant economic impact on a substantial number of small
entities.
Historically, the EPA has developed a cost analysis as a part of
the administrative record in support of the MSGP issuance. The Agency
analyzed changes in the proposed permit, evaluating the incremental
cost implications of the final permit as compared to the previous
permit issuance. The objective of this cost analysis was to show where
or to what extent the newly proposed permit requirements imposed
incremental changes in costs on permittees in relation to the previous
permit issuance.
Developing a cost analysis for a general permit that covers a wide
variety of activities across 30 industrial sectors in a range of
geographic locations poses unique challenges. Additional variables such
as facility and operations size, existing control measures, and
variable labor and material expenses also have the potential to impact
the overall analyses significantly. These factors as well as the nature
of the permit itself can create challenges in developing the
appropriate individualized assumptions for each operator that may be
covered under the permit. The EPA issues general permits before
receiving NOIs from operators seeking coverage. This permitting
structure precludes the EPA from knowing exactly where and what type of
operators will be covered ahead of permit issuance, further
complicating cost estimations.

V. Public Notice of Clean Water Act Section 401 Certification on Behalf
of Tribes Without Treatment as a State Authority and for Lands of
Exclusive Federal Jurisdiction

The EPA acts as the certifying authority in areas of Indian Country
on behalf of those Tribes that have not received treatment in a similar
manner as a state (TAS) for the purposes of Clean Water Act section 401
certification. The EPA also acts as a certifying authority for section
401 on Lands of Exclusive Federal Jurisdiction. The EPA is today
providing notice under 40 CFR 121.17(a) that EPA's Regions are
requesting certification as of the date of signature of this notice for
the proposed 2026 MSGP for non-TAS Tribes and Lands of Exclusive
Federal Jurisdiction. Consistent with the EPA's policy on Tribal
consultation and coordination, the EPA will coordinate and work with
non-TAS Tribes to provide an opportunity for their input on the
agency's certification of the 2026 MSGP, and specifically on any water
quality requirements that should be considered. The EPA will act on the
non-TAS and LEFJ certification requests by either: (1) granting
certification; (2) granting certification with conditions; (3) denying
certification; or (4) expressly waiving certification consistent with
CWA section 401 and the EPA's implementing regulations at 40 CFR part
121.

VI. Statutory and Executive Orders Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review

This action is not a significant regulatory action as defined in
Executive Order 12866, as amended by Executive Order 14094, and was
therefore not subject to a requirement for Executive Order 12866
review.

B. Paperwork Reduction Act (PRA)

The information collection activities in this proposed permit have
been submitted for approval to the Office of Management and Budget
(OMB) under the PRA. The Information Collection Request (ICR) document
that the EPA prepared has been assigned EPA ICR No. 7801.01, OMB
Control No. 2040-NEW. You can find a copy of the ICR in the docket for
this permit (Docket ID No. EPA-HQ-OW-2024-0481), and it is briefly
summarized here. CWA section 402 and the NPDES regulations require
collection of information primarily used by permitting authorities,
permittees (operators), and the EPA to make NPDES permitting decisions.
The burden and costs associated with the entire NPDES program are
accounted for in an approved ICR (EPA ICR Reference No: 202201-2040-004
OMB Control No: 2040-0004), which includes the burden and costs
associated with the requirements of the 2021 MSGP. Certain provisions
in the proposed permit would require revisions to the ICR to reflect
new forms and other changes to the information collection requirements.
The EPA is reflecting the changes in paperwork burden and costs that
would be associated with the proposed permit changes in a separate ICR
instead of revising the existing ICR for the entire program for
administrative reasons.
Respondents/affected entities: Industrial facilities in the 30
sectors shown in section I.A of this document in areas where EPA is the
NPDES permitting authority.
Respondent's obligation to respond: Compliance with the MSGP's
information collection and reporting requirements is mandatory for MSGP
operators.
Estimated number of respondents: The EPA estimates that
approximately 2,100 operators will receive coverage under the 2026
MSGP.
Frequency of response: Response frequencies in the proposed 2026
MSGP vary from once per permit term to quarterly.
Total estimated burden: The EPA estimates that the information
collection burden of the proposed permit is 22,543 hours (per year).
Burden is defined at 5 CFR 1320.3(b).
Total estimated cost: The EPA estimates that the proposed
information collection cost of the proposed permit is $1.0M per year.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.

[[Page 101004]]

Submit your comments on the EPA's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden to the EPA using the docket identified
at the beginning of this document. The EPA will respond to any ICR-
related comments in the response to comments document on the final
permit. You may also send your ICR-related comments to OMB's Office of
Information and Regulatory Affairs using the interface at <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. OMB must receive comments
no later than January 13, 2025.

C. 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

Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. This action does not have
disproportionately high and adverse human health or environmental
effects on minority populations, low-income populations, or indigenous
peoples, as specified in Executive Order 12898. The EPA has determined
that the 2026 MSGP will not have disproportionately high and adverse
human health or environmental effects on minority or low-income
populations because the requirements in the permit apply equally to
industrial facilities in areas where the EPA is the permitting
authority, and the provisions increase the level of environmental
protection for all affected populations.
In addition, as part of electronic reporting under the MSGP,
permittees submit data including information on their industrial
sector/subsectors, discharge monitoring results, receiving water
information, facility location, activities, and discharge points. The
Agency continues to expand its use of existing data and enhance
collection and analysis efforts. These data and analyses can be used to
generate graphics and visual aids to assist with identifying patterns
and relationships within data, improve understanding, and support data
driven decision making.
Utilizing data visualization tools will help the EPA implement the
Principals for Addressing Justice and Equity as outlined in the NPDES
Program Policy Guidance on Addressing Environmental Justice and Equity
in NPDES Permitting (January 2024). These tools will enable the Agency
to enhance public involvement in the permitting process by improving
transparency for members of the public as well as stakeholders. Data
visualization tools will be used to map industrial stormwater discharge
locations and analyze discharge data. Analyses will look to improve
available information regarding these discharges and factors such as:
demographic data indicating vulnerabilities in the potentially affected
community, existing environmental data relevant to the environmental
justice concern, including surface water quality monitoring, and
existing public health data about the potentially affected community.
The EPA also plans to incorporate data from additional sources such
as EJScreen, FEMA, and other program offices to gain a better
understanding of the broader impacts that communities may be facing.
With this improved understanding, the Agency will continue to look for
opportunities to adapt future permit conditions to mitigate identified
water quality concerns and other disproportionate environmental impacts
as appropriate.

D. 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. The EPA directly implements the NPDES Program,
including the 2026 MSGP when finalized, in Indian country (except in
Maine); therefore, in compliance with the EPA Policy on Consultation
and Coordination with Indian Tribes, the Agency consulted with Tribal
officials early in the process to provide Tribes an opportunity to
provide meaningful and timely input into the development of the
proposed permit. To gain an understanding of, and where necessary, to
address the Tribal implication of the proposed permit, the EPA
conducted the following activities:
<bullet> August 29, 2024--The EPA emailed notification letters to
Tribal leaders initiating consultation and coordination on the proposed
2026 MSGP. The initiation letter was also posted on the EPA's Tribal
Consultation Opportunities Tracking System (TCOTS) at <a href="https://tcots.epa.gov/">https://tcots.epa.gov/</a>.
<bullet> September 18 and September 19, 2024--The EPA held two
informational webinars open to all Tribal representatives and reserved
the last part of each webinar for official consultation comments. Eight
Tribal representatives participated in the webinars. The presentation
was posted on the Tribal portal website at <a href="http://tcots.epa.gov">http://tcots.epa.gov</a>.
The EPA received no comments from Tribes and Tribal organizations
during the consultation and coordination period, including two requests
for government-to-government consultations, which took place on October
22, 2024, and November 5, 2024. 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-2024-0481). EPA will provide
email notification to Tribes of the proposed permit and invite those
interested to submit comments during the public comment period. The EPA
also notes that as part of the finalization of this proposed permit, it
will complete the section 401 certification procedures with all
applicable Tribes where the proposed 2026 MSGP will apply (see Appendix
C of the proposed permit).

[[Page 101005]]

Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

David Cash,
Regional Administrator, EPA Region 1.
Javier Laureano Perez,
Director, Water Division, EPA Region 2.
Carmen Guerrero Perez,
Director, Caribbean Environmental Protection Division, EPA Region 2.
Michelle Price-Fay,
Director, Water Division, EPA Region 3.
Kathlene Butler,
Director, Water Division, EPA Region 4.
Tera Fong,
Director, Water Division, EPA Region 5.
Troy Hill,
Director, Water Division, EPA Region 6.
Jeffrey Robichaud,
Director, Water Division, EPA Region 7.
Stephanie DeJong,
Manager, Clean Water Branch, EPA Region 8.
Tomas Torres,
Director, Water Division, EPA Region 9.
Mathew Martinson,
Director, Water Division, EPA Region 10.
[FR Doc. 2024-29402 Filed 12-12-24; 8:45 am]
BILLING CODE 6560-50-P

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