Notice2024-29657
Final 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
December 17, 2024
Effective
October 31, 2026
Issuing agencies
Environmental Protection Agency
Abstract
This notice announces issuance by all 10 Environmental Protection Agency (EPA) Regions of the final 2026 National Pollutant Discharge Elimination System (NPDES) pesticide general permit (PGP)-- the 2026 PGP. The 2026 PGP, which has an effective date of October 31, 2026, replaces the existing permit (2021 PGP) that expires on October 30, 2026, and authorizes certain point source discharges from the application of pesticides to waters of the United States in accordance with the terms and conditions described therein. The EPA is issuing this permit for five (5) years in all areas of the country where the EPA is the NPDES permitting authority.
Full Text
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<title>Federal Register, Volume 89 Issue 242 (Tuesday, December 17, 2024)</title>
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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102134-102137]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29657]
[[Page 102134]]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2023-0268; FRL 10613-02-OW]
Final 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 final permit issuance.
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SUMMARY: This notice announces issuance by all 10 Environmental
Protection Agency (EPA) Regions of the final 2026 National Pollutant
Discharge Elimination System (NPDES) pesticide general permit (PGP)--
the 2026 PGP. The 2026 PGP, which has an effective date of October 31,
2026, replaces the existing permit (2021 PGP) that expires on October
30, 2026, and authorizes certain point source discharges from the
application of pesticides to waters of the United States in accordance
with the terms and conditions described therein. The EPA is issuing
this permit for five (5) years in all areas of the country where the
EPA is the NPDES permitting authority.
DATES: The permit becomes effective on October 31, 2026, and will
expire at 11:59 p.m. on October 30, 2031. In accordance with 40 CFR
part 23, this permit shall be considered issued for the purpose of
judicial review on December 31, 2024 Under section 509(b) of the Clean
Water Act (CWA), judicial review of this general permit can be
requested by filing a petition for review in the United States Court of
Appeals within 120 days after the permit is considered issued. Under
section 509(b) of the CWA, the requirements of this permit may not be
challenged later in civil or criminal proceedings to enforce these
requirements. In addition, this permit may not be challenged in other
agency proceedings. Deadlines for submittal of a Notices of Intent
(NOI) to be covered, if required, are provided in Part 1.2.3, Table 1-2
of the 2026 PGP.
FOR FURTHER INFORMATION CONTACT: Contact the appropriate EPA Regional
office listed on EPA's NPDES website at <a href="https://www.epa.gov/npdes/contact-us-pesticide-permitting">https://www.epa.gov/npdes/contact-us-pesticide-permitting</a>, email <a href="/cdn-cgi/l/email-protection#55051205153025347b323a23"><span class="__cf_email__" data-cfemail="e2b2a5b2a2879283cc858d94">[email protected]</span></a>, or contact Dr.
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#24694b574157574b0a68455156414a644154450a434b52"><span class="__cf_email__" data-cfemail="e2af8d918791918dccae839790878ca2879283cc858d94">[email protected]</span></a>.
Electronic versions of the 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:
Table of Contents
I. General Information
A. Does this action apply to me?
B. How can I get copies of this document and other related
information?
C. Geographic Coverage
D. Who are the EPA regional contacts for this final permit?
II. Background
III. Summary of the 2026 PGP
A. Summary of 2026 PGP Terms and Requirements
B. 2026 PGP Cost Analysis
IV. Executive Orders 12866 and 13563
V. 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
VI. 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 Part 1.1.1. of the 2026 PGP, that result in a
discharge to a water of the United States in one of the geographic
areas identified in Appendix C of the 2026 PGP. 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 2026 PGP
------------------------------------------------------------------------
Examples of
Category NAICS potentially
affected entities
------------------------------------------------------------------------
Agricultural entities--General 111 Crop Producers of crops
agricultural interests, farmers/ Production. mainly for food
producers, forestry, and and fiber,
irrigation. including 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/
Gathering of or gathering
Forest Products. forest products,
such as gums,
barks, balsam
needles,
rhizomes, fibers,
Spanish moss,
ginseng, and
truffles.
221310 Water Operating
Supply for irrigation
Irrigation. systems.
Pesticide parties (includes 325320 Pesticide Formulation and
pesticide manufacturers, other and Other preparation of
pesticide users/interests, and Agricultural agricultural pest
consultants). Chemical control
Manufacturing. chemicals.
Public health parties (includes 923120 Government
mosquito or other vector Administration of establishments
control districts and Public Health primarily engaged
commercial applicators that Programs. in the planning,
service these). administration,
and coordination
of public health
programs and
services,
including
environmental
health
activities.
Resource management parties 924110 Government
(includes State departments of Administration of establishments
fish and wildlife, State Air and Water primarily engaged
departments of pesticide Resource and in the
regulation, State environmental Solid Waste administration,
agencies, and universities). Management regulation, and
Programs. enforcement of
air and water
resource
programs; the
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.
[[Page 102135]]
924120 Government
Administration of establishments
Conservation primarily engaged
Programs. 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.
------------------------------------------------------------------------
B. How can I get copies of this document and other related information?
Docket. EPA has established a docket for this action under Docket
ID No. [EPA-HQ-OW-2023-0268]. Although all documents in the docket are
listed in an index, some information is not publicly available, i.e.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Publicly available docket
materials are available either electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or in hard copy at the EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The
Docket Center's hours of operations are 8:30 a.m.-4:30 p.m., Monday-
Friday (except Federal Holidays). For further information on the EPA
Docket Center services and the current status, see: <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
C. Geographic Coverage
The EPA provides permit coverage for classes of point source
discharges of pollutants that occur in areas where the EPA is the NPDES
permitting authority which includes Massachusetts, New Hampshire, New
Mexico, the District of Columbia, all U.S. territories except the U.S.
Virgin Islands, Federal facilities in Delaware, Vermont, Colorado, and
Washington, all Indian Country except in Maine, and where applicable,
Lands of Exclusive Federal Jurisdiction. The geographic coverage of the
2026 PGP is listed in Appendix C of the permit.
D. Who are the EPA regional contacts for this final permit?
For the list of EPA Regional contacts, visit the EPA's NPDES
website at <a href="https://www.epa.gov/npdes/contact-us-pesticide-permitting">https://www.epa.gov/npdes/contact-us-pesticide-permitting</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.'' 33
U.S.C. 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), the EPA may ``issue a permit for the
discharge of any pollutant, or combination of pollutants,
notwithstanding section 1311(a)'' upon certain conditions required by
the Act.
The 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). The 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. In 2016 and 2021 respectively, The EPA
issued the second PGP (2016 PGP) and third PGP (2021 PGP). After the
EPA issued the 2021 PGP in September 2021, a petition for review of the
permit was filed in the U.S. Court of Appeals for the Ninth Circuit.
Center for Biological Diversity v. EPA and FWS, No. 21-71306 (9th Cir.)
The petition filed by the Center for Biological Diversity (CBD)
challenged EPA's permit issuance under the CWA, and the EPA and the
U.S. Fish and Wildlife Service (FWS) actions with respect to the permit
under the Endangered Species Act (ESA). After CBD filed the petition,
EPA, FWS, and CBD entered into settlement discussions. A settlement
agreement resulted from these discussions, which the parties entered
into on July 25, 2023 (Settlement Agreement). The Settlement Agreement
does not affect the provisions in the 2021 PGP, but several terms
concern what was to be proposed in the 2026 PGP. Information on the
Settlement Agreement is available in Docket ID EPA-HQ-OGC-2023-0247-
0002.
[[Page 102136]]
The EPA is issuing the 2026 PGP to replace the 2021 PGP which
expires on October 30, 2026. Like the previously issued PGP, the 2026
PGP provides coverage for certain point source discharges of pollutants
to waters of the United States in areas where the EPA is the NPDES
permitting authority. The EPA published the draft 2026 PGP and
accompanying Fact Sheet in the Federal Register on November 28, 2023
(88 FR 83120), soliciting comments on the draft permit. The EPA also
conducted consultation with Indian Tribal Governments. The EPA received
12 written comment letters on the draft permit. The EPA considered all
comments received during the comment period in preparing the final
permit. The EPA responded to all significant comments in the Response
to Comment Document which is available as part of the docket for this
permit.
III. Summary of the 2026 PGP
A. Summary of 2026 PGP Terms and Requirements
While the requirements of the 2026 PGP remain largely the same as
those in the previously issued PGPs, a summary of updates from the 2021
PGP and from the proposed 2026 PGP are outlined in the 2026 PGP Fact
Sheet. The 2026 PGP is structured in the same nine parts as the
previously issued PGPs: (1) Coverage under This Permit, (2) Technology-
Based Effluent Limitations, (3) Water Quality-Based Effluent
Limitations and Other 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 Within Specific States (including
Territories) and Indian Country. Additionally, as with the previously
issued PGPs, the 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) PGP Eligibility
Worksheet for Threatened and Endangered Species Protection. A summary
of the 2026 PGP's requirements is provided in the 2026 PGP Fact Sheet.
B. 2026 PGP Cost Analysis
The cost analysis accompanying this final permit monetizes and
quantifies certain incremental cost impacts of the final permit changes
as compared to the 2021 PGP. The EPA analyzed each change in the 2026
PGP considering the previous permit's requirements. The objective of
the cost analysis is to show where or to what extent the 2026 PGP
requirements impose an incremental increase in administrative and
compliance costs (such as sampling and monitoring costs) on Operators
in relation to costs that are already accounted for in the 2021 PGP. As
a majority of the changes in the final permit are to clarify
requirements in previously issued permits, the EPA expects minimal
incremental cost impact on entities that will be covered under the 2026
PGP. For further discussion, see Appendix D of the fact sheet.
IV. Executive Orders 12866 and 13563
The 2026 PGP is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
V. 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
The EPA believes that it is not practicable to assess whether the
human health or environmental conditions that exist prior to this
action result in disproportionate and adverse effects on communities
with environmental justice concerns. As part of the general permit
development process, the EPA reviews available information to evaluate
whether issuance of a permit could affect overburdened communities. The
EPA has determined that a more in-depth environmental justice analysis
is not feasible for this permit reissuance due to the limited amount of
and format of information the EPA currently has available. The
information supporting this Executive Order review is contained in
Appendix E of the fact sheet.
VI. 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 PGP, in Indian Country; therefore, consistent with
the EPA Policy on Consultation and Coordination with Indian Tribes, the
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 appropriate,
to address Tribal implications of the draft 2026 PGP, the EPA conducted
the following activities:
<bullet> August 22, 2023--the 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--the 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 webinars. No official comments were
received during the webinars. The presentation was posted on the Tribal
portal website at <a href="https://tcots.epa.gov">https://tcots.epa.gov</a>.
The EPA received one comment from Tribes and Tribal organizations
during the consultation and coordination period. Records of the Tribal
informational webinars and a consultation summary are included in the
docket for this proposed action (Docket ID No. EPA-HQ-OW-2023-0268).
The EPA has considered the comment received in the proposal. The Agency
specifically solicited additional comment on this proposed permit
during the public comment period. The EPA also notes that as part of
the finalization of this permit, the Agency completed CWA section 401
certification procedures with all applicable authorized Tribes where
this permit will apply (see Part 9 and Appendix C of the PGP).
[[Page 102137]]
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.
Jeffery 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. 2024-29657 Filed 12-16-24; 8:45 am]
BILLING CODE 6560-50-P
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