Final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges From the Application of Pesticides; Reissuance, 75816-75820 [2016-26375]

Download as PDF 75816 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices Frequency of response: Annual. Total estimated burden: 70 hours (per year). Burden is defined at 5 CFR 1320.03(b). Total estimated cost: $4674 (per year). Changes in Estimates: The renewal ICR will address all changes in the total estimated respondent burden since the last renewal. Courtney Kerwin, Director, Regulatory Support Division. [FR Doc. 2016–26319 Filed 10–31–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OW–2015–0499; FRL–9954–82– OW] Final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges From the Application of Pesticides; Reissuance Environmental Protection Agency (EPA). ACTION: Notice of final permit issuance. AGENCY: This notice announces issuance by all ten Environmental Protection Agency (EPA) Regions of the final 2016 National Pollutant Discharge Elimination System (NPDES) pesticide general permit (PGP)—the ‘‘2016 PGP.’’ The 2016 PGP, which has an effective date of October 31, 2016, replaces the SUMMARY: existing permit (‘‘2011 PGP’’) that expires at midnight on October 31, 2016, 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. EPA is issuing this permit for five (5) years in all areas of the country where EPA is the NPDES permitting authority. DATES: The permit is effective on October 31, 2016, and will expire at midnight, October 31, 2021. In accordance with 40 CFR part 23, this permit shall be considered issued for the purpose of judicial review on November 15, 2016. Under Section 509(b) of the Clean Water Act, 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 Clean Water Act, 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 to be covered, if required, are provided in Part 1.2.3, Table 1–2, of the 2016 PGP. FOR FURTHER INFORMATION CONTACT: EPA Regional Office listed in Section I.C., or you can send an email to pgp@epa.gov. You may also contact Prasad Chumble, EPA Headquarters, Office of Water, Office of Wastewater Management at tel.: 202–564–0021 or email: chumble.prasad@epa.gov. This section is organized as follows: 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. Who are the EPA regional contacts for this final permit? II. Background III. Scope and Applicability A. Geographic Coverage B. Categories of Pesticide Use-Patterns Covered C. Summary of Updates to the 2011 PGP and from the Proposed 2016 PGP. D. Summary of 2016 PGP Terms and Requirements IV. Cost Impacts of the PGP V. 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, that result in a discharge to waters of the United States in one of the geographic areas identified in Section III.A. 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 2016 PGP Category NAICS Examples of potentially affected entities Agriculture parties—General agricultural interests, farmers/producers, forestry, and irrigation. 111 Crop Production ..................... Producers of crops mainly for food and fiber, including farms, orchards, groves, greenhouses, and nurseries that have irrigation ditches requiring pest control. The operation of timber tracts for the purpose of selling standing timber. Growing trees for reforestation and/or gathering forest products, such as gums, barks, balsam needles, rhizomes, fibers, Spanish moss, ginseng, and truffles. Operating irrigation systems. Formulation and preparation of agricultural pest control chemicals. 113110 Timber Tract Operations .. asabaliauskas on DSK3SPTVN1PROD with NOTICES 113210 Forest Nurseries Gathering of Forest Products. Pesticide parties (includes pesticide manufacturers, other pesticide users/interests, and consultants). Public health parties (includes mosquito or other vector control districts and commercial applicators that service these). Resource management parties (includes State departments of fish and wildlife, State departments of pesticide regulation, State environmental agencies, and universities). VerDate Sep<11>2014 00:01 Nov 01, 2016 221310 Water Supply for Irrigation 325320 Pesticide and Other Agricultural Chemical Manufacturing. 923120 Administration of Public Health Programs. Government establishments primarily engaged in the planning, administration, and coordination of public health programs and services, including environmental health activities. 924110 Administration of Air and Water Resource and Solid Waste Management Programs. Government establishments primarily engaged in the administration, regulation, and 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. Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\01NON1.SGM 01NON1 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices 75817 TABLE 1—ENTITIES POTENTIALLY REGULATED BY THE 2016 PGP—Continued Category NAICS 924120 Administration servation Programs. Utility parties (includes utilities) ....... Examples of potentially affected entities of Con- 221 Utilities .................................... 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. Provide electric power, natural gas, steam supply, water supply, and sewage removal through a permanent infrastructure of lines, mains, and pipes. asabaliauskas on DSK3SPTVN1PROD with NOTICES Electronic versions of the 2016 PGP B. How can I get copies of this document and Fact Sheet are also available on the and other related information? EPA’s NPDES Web site at https:// 1. Docket. EPA has established an www.epa.gov/npdes/pesticideofficial public docket for this action permitting. under Docket ID No. EPA–HQ–OW– 2015–0499. The official public docket is the collection of materials that are available for public viewing at the Water Docket in the EPA Docket Center, (EPA/ DC) WJC West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460. 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 in hard copy at the EPA Docket Center Public Reading Room, open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room and the Water Docket is (202) 566–1744. 2. Electronic Access. You may access this Federal Register document electronically through the United States government on-line source for federal regulations at https:// www.regulations.gov. An electronic version of the public docket is available through the EPA’s electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at https://www.regulations.gov to view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. For additional information about the EPA’s public docket, visit the EPA Docket Center homepage at https://www.epa.gov/ dockets. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials at the EPA Docket Center. VerDate Sep<11>2014 00:01 Nov 01, 2016 Jkt 241001 C. Who are the EPA regional contacts for this final permit? For EPA Region 1, contact George Papadopoulos at tel.: (617) 918–1579; or email at papadopoulos.george@epa.gov. For EPA Region 2, contact Maureen Krudner at tel.: (212) 637–3874; or email at krudner.maureen@epa.gov. For EPA Region 3, contact Mark Smith at tel.: (215) 814–3105; or email at smith.mark@epa.gov. For EPA Region 4, contact Sam Sampath at tel.: (404) 562–9229; or email at sampath.sam@epa.gov. For EPA Region 5, contact Jason Hewitt at tel.: (312) 353–3114; or email at hewitt.jason@epa.gov. For EPA Region 6, contact Kilty Baskin at tel.: (214) 665–7500 or email at baskin.kilty@epa.gov. For EPA Region 7, contact Kimberly Hill at tel.: (913) 551–7841 or email at: hill.kimberly@epa.gov. For EPA Region 8, contact David Rise at tel.: (406) 457–5012 or email at: rise.david@epa.gov. For EPA Region 9, contact Pascal Mues at tel.: (415) 972–3768 or email at: mues.pascal@epa.gov. For EPA Region 10, contact Dirk Helder at tel.: (208) 378–5749 or email at: helder.dirk@epa.gov. II. Background Section 301(a) of the Clean Water Act (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, (B) any addition of any pollutant to the PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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), 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. 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 is issuing the 2016 PGP to replace the 2011 PGP which expires at midnight on October 31, 2016. Similar to the 2011 PGP, the 2016 PGP provides coverage for certain point source discharges from the application of pesticides to waters of the United States in areas where EPA is the NPDES permitting authority. EPA published the draft 2016 PGP and accompanying Fact Sheet in the Federal Register on January 26, 2016 (81 FR 4289), soliciting comments on the draft permit. EPA also conducted formal consultation with Indian Tribal Governments. EPA received 28 written comment letters on the draft permit. E:\FR\FM\01NON1.SGM 01NON1 75818 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices EPA considered all comments received during the comment period in preparing the final permit. EPA responded to all significant comments in the Response to Comment Document which is available as part of the docket for this permit. III. Scope and Applicability A. Geographic Coverage EPA provides permit coverage for classes of point source discharges that occur in areas where EPA is the NPDES permitting authority. The geographic coverage of the 2016 PGP is listed in Appendix C of the permit and also listed below. This permit also applies in all areas of Indian Country that are not covered by an EPA-approved permitting program, for example, the areas of Indian Country described below: EPA Region 1 • Massachusetts, including Indian Country within Massachusetts • Indian Country within Connecticut • New Hampshire • Indian Country within Rhode Island • Federal Facilities within Vermont EPA Region 2 • Indian Country within New York State • Puerto Rico EPA Region 3 • The District of Columbia • Federal Facilities within Delaware EPA Region 4 • • • • Indian Country within Alabama Indian Country within Florida Indian Country within Mississippi Indian Country within North Carolina EPA Region 5 • Indian Country within Michigan • Indian Country within Minnesota, excluding Fond du Lac Band of Chippewa • Indian Country within Wisconsin, excluding Lac du Flambeau Band of Lake Superior Chippewa Indians asabaliauskas on DSK3SPTVN1PROD with NOTICES • Indian Country within Louisiana • New Mexico, including Indian Country within New Mexico, except Navajo Reservation Lands (see Region 9) and Ute Mountain Reservation Lands (see Region 8) • Indian Country within Oklahoma • Discharges in Texas that are not under the authority of the Texas Commission on Environmental Quality (formerly TNRCC), including activities associated with the exploration, development, or production of oil or gas or geothermal resources, including transportation of 00:01 Nov 01, 2016 Jkt 241001 EPA Region 7 • Indian Country within Iowa • Indian Country within Kansas • Indian Country within Nebraska, except Pine Ridge Reservation lands (see Region 8) EPA Region 8 • Federal Facilities in Colorado, including those on Indian Country within Colorado as well as the portion of the Ute Mountain Reservation located in New Mexico • Indian Country within Montana • Indian Country within North Dakota • Indian Country within South Dakota, as well as the portion of the Pine Ridge Reservation located in Nebraska (see Region 7) • Indian Country within Utah, except Goshute and Navajo Reservation lands (see Region 9) • Indian Country within Wyoming PA Region 9 • The Island of American Samoa • Indian Country within Arizona as well as Navajo Reservation lands in New Mexico (see Region 6) and Utah (see Region 8), excluding Hualapai Tribe • Indian Country within California, excluding Hoopa Valley Tribe • The Island of Guam • The Johnston Atoll • Midway Island, Wake Island, and other unincorporated U.S. possessions • The Commonwealth of the Northern Mariana Islands • Indian Country within the State of Nevada, as well as the Duck Valley Reservation in Idaho, the Fort McDermitt Reservation in Oregon (see Region 10) and the Goshute Reservation in Utah (see Region 8) EPA Region 10 EPA Region 6 VerDate Sep<11>2014 crude oil or natural gas by pipeline, including Indian Country. • Indian Country and the Denali National Park and Preserve within Alaska • Idaho, including Indian Country within Idaho, except Duck Valley Reservation lands (see Region 9) • Indian Country within Oregon, except Fort McDermitt Reservation lands (see Region 9) • Federal Facilities in Washington, including those located on Indian Country within Washington B. Categories of Pesticide Use-Patterns Covered This permit regulates discharges to waters of the United States from the application of (1) biological pesticides, and (2) chemical pesticides that leave a PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 residue. These apply to the following pesticide use patterns: • Mosquito and Other Flying Insect Pest Control—to control public health/ nuisance and other flying insect pests that develop or are present during a portion of their life cycle in or above standing or flowing water. Public health/nuisance and other flying insect pests in this use category include mosquitoes and black flies. • Weed and Algae Pest Control—to control weeds, algae, and pathogens that are pests in water and at water’s edge, including ditches and/or canals. • Animal Pest Control—to control animal pests in water and at water’s edge. Animal pests in this use category include fish, lampreys, insects, mollusks, and pathogens. • Forest Canopy Pest Control— application of a pesticide to a forest canopy to control the population of a pest species (e.g., insect or pathogen) where, to target the pests effectively, a portion of the pesticide unavoidably will be applied over and deposited to water. 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 2016 PGP. C. Summary of Updates to the 2011 PGP and From the Proposed 2016 PGP The 2016 PGP replaces the 2011 PGP, which was issued for a five-year term on October 31, 2011 (76 FR 68750) and expires October 31, 2016, at midnight. While the requirements of the 2016 PGP remain the same as those in the 2011 PGP, some minor updates have been added and are discussed in more detail in the 2016 PGP Fact Sheet, such as: • Added electronic reporting requirements in Part 7.8 of the PGP to be consistent with EPA’s Electronic Reporting Rule (78 FR 46005); and • Updated the definition of National Marine Fisheries Service (NMFS) Listed Resources of Concern to include additional species as a result of consultation between EPA and NMFS, as required under Section 7 of the Endangered Species Act. EPA published the draft 2016 PGP for public comment on January 26, 2016 (81 FR 4289). The following is a summary of permit modifications from the draft 2016 PGP: • Changed the date when Notices Of Intent (NOIs) are required from October 31, 2016, to January 12, 2017, in order to allow Decision-makers enough time to read and understand the permit requirements and comply with the reporting and recordkeeping requirements of the permit; and E:\FR\FM\01NON1.SGM 01NON1 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES • Updated Part 9.0 of the 2016 PGP to reflect state and tribal CWA Section 401 certifications. D. Summary of 2016 PGP Terms and Requirements The 2016 PGP is similar to the 2011 PGP, and is structured in the same nine parts: (1) Coverage under the 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, Indian Country, or territories. Additionally, as with the 2011 PGP, the 2016 PGP includes nine appendices with additional conditions and guidance for permittees: (A) Definitions, abbreviations, and acronyms, (B) standard permit conditions, (C) areas covered, (D) NOI form, (E) Notice of Termination (NOT) form, (F) Pesticide Discharge Evaluation worksheet (PDEW), (G) Annual Reporting template, (H) Adverse Incident template, and (I) endangered species procedures. The following is a summary of the 2016 PGP’s requirements: • 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. • 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. • 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. VerDate Sep<11>2014 00:01 Nov 01, 2016 Jkt 241001 • Coverage under this permit is available only for discharges and discharge-related activities that are not likely to adversely affect species that are federally-listed as endangered or threatened (‘‘listed’’) under the Endangered Species Act (ESA) or habitat that is federally-designated as critical under the ESA (‘‘critical habitat’’), except for certain cases specified in the permit involving prior consultation with the NMFS, and for Declared Pest Emergency Situations. The permit contains several provisions addressing listed species, including for certain listed species identified in the permit as NMFS Listed Resources of Concern, that Decision-makers whose discharges may affect these resources certify compliance with one of six criteria which together ensure that any potential adverse effects have been properly considered and addressed. These NMFS Listed Resources of Concern for the PGP are identified in detail on EPA’s Web site at https:// www.epa.gov/npdes/pesticidepermitting-ESA-procedures. Other requirements that address protection of listed species include the waiting periods between submission of an NOI and authorization to discharge, and specific permit conditions requiring compliance with the results of any ESA Section 7 consultation with the Services, or ESA Section 10 permit issued by the Services. • Certain Decision-makers [i.e., any agency 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 or to waters of the United States containing NMFS Listed Resources of Concern] are required to also submit an NOI to obtain authorization to discharge and implement pest management options to reduce the discharge of pesticides to waters of the United States. Of this group, certain large Decision-makers must also develop a Pesticide Discharge Management Plan (PDMP), submit annual reports, and maintain detailed records. Certain small Decision-makers 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. • Permit conditions take effect as of October 31, 2016; however, Operators with eligible discharges are authorized for permit coverage (or automatically PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 75819 covered) through January 12, 2017 without submission of an NOI. Thus, for any discharges commencing on or before January 12, 2017 that will continue after this date, an NOI must be submitted no later than January 2, 2017 to ensure uninterrupted permit coverage, and for any discharge occurring after January 12, 2017, no later than 10 days before the first discharge occurring after January 12, 2017. IV. Cost Impacts of the PGP EPA expects the costs that covered entities, including small businesses, will bear to comply with this permit to be minimal. A copy of the EPA’s cost impact analysis, titled, ‘‘Cost Impact Analysis for the EPA’s Final 2016 Pesticide General Permit (PGP)’’ is available in the docket for this permit. V. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments In compliance with Executive Order 13175, EPA consulted with tribal officials to gain an understanding of, and where necessary, to address tribal implications of the 2016 PGP. In the course of this consultation, EPA undertook the following activities: • October 28, 2015—EPA mailed notification letters to tribal leaders initiating consultation and coordination on the renewal of the PGP. The initiation letter was posted on the tribal portal Web site at https://www.epa.gov/ tribal. • November 19, 2015—EPA held an informational teleconference open to all tribal representatives, and reserved the last part of the teleconference for official consultation comments. Seven tribal officials participated. EPA also invited tribes to submit written comments on the draft 2016 PGP. The presentation was posted on the tribal portal Web site at https://tcots.epa.gov. EPA did not receive any comments during the formal tribal consultation period. EPA notes that as part of the finalization of this permit, the Agency completed Section 401 certification procedures with all applicable tribes where this permit will apply (see Part 9 and Appendix C of the PGP). Authority: Clean Water Act, 33 U.S.C. 1251 et seq. E:\FR\FM\01NON1.SGM 01NON1 75820 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices Dated: October 24, 2016. H. Curtis Spalding, Regional Administrator, EPA Region 1. Dated: October 24, 2016. Javier Laureano, Director, Clean Water Division, EPA Region 2. Dated: October 24, 2016. Carmen R. Guerrero-Perez, Division Director, Caribbean Environmental Protection Division, EPA Region 2. Dated: October 24, 2016. Jon M. Capacasa, Director, Water Protection Division, EPA Region 3. Dated: October 24, 2016. James D. Giattina, Director, Water Protection Division, EPA Region 4. Dated: October 24, 2016. Christopher Korleski, Director, Water Division, EPA Region 5. Dated: October 24, 2016. William K. Honker, Director, Water Division, EPA Region 6. Dated: October 24, 2016. Karen A. Flournoy, Director, Water, Wetlands and Pesticides Division, EPA Region 7. Dated: October 24, 2016. Darcy O’Connor, Acting Assistant Regional Administrator, Office of Water Protection, EPA Region 8. Dated: October 24, 2016. ´ Tomas Torres, Division Director, Water Division, EPA Region 9. Dated: October 24, 2016. Christine Psyk, Deputy Director, Office of Water and Watersheds, EPA Region 10. [FR Doc. 2016–26375 Filed 10–31–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–R07–OW–2016–0602; FRL–9954–74– Region 7] Notice of Approval of the Primacy Revision Application for the Public Water Supply Supervision Program from the State of Missouri Environmental Protection Agency (EPA). ACTION: Notice of approval and solicitation of requests for a public hearing. asabaliauskas on DSK3SPTVN1PROD with NOTICES AGENCY: The Environmental Protection Agency (EPA) is hereby giving notice that the State of Missouri is revising its approved Public Water Supply Supervision Program delegated to the SUMMARY: VerDate Sep<11>2014 00:01 Nov 01, 2016 Jkt 241001 Missouri Department of Natural Resources. EPA has reviewed the application and intends to approve these program revisions. DATES: This determination to approve the Missouri program revision is made pursuant to 40 CFR 142.12(d) (3). This determination shall become final and effective on December 1, 2016, unless (1) a timely and appropriate request for a public hearing is received or (2) the Regional Administrator elects to hold a public hearing on his own motion. Any interested person, other than Federal Agencies, may request a public hearing. A request for a public hearing must be submitted to the Regional Administrator at the address shown below by December 1, 2016. If a request for a public hearing is made within the requested thirty-day time frame, a public hearing will be held and a notice will be given in the Federal Register and a newspaper of general circulation. Frivolous or insubstantial requests for a hearing may be denied by the Regional Administrator. If no timely and appropriate request for a hearing is received, and the Regional Administrator does not elect to hold a hearing on his own motion, this determination will become effective on December 1, 2016. All interested parties may request a public hearing on the approval to the Regional Administrator at the EPA Region 7 address shown below. ADDRESSES: Any request for a public hearing shall include the following information: (1) Name, address and telephone number of the individual, organization or other entity requesting a hearing; (2) a brief statement of the requesting person’s interest in the Regional Administrator’s determination and a brief statement on information that the requesting person intends to submit at such hearing; (3) the signature of the individual making the request or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity. Requests for Public Hearing shall be addressed to: Regional Administrator, Environmental Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219. All documents relating to this determination are available for inspection between the hours of 9:00 a.m. and 3:00 p.m., Monday through Friday at the following offices: (1) U.S. Environmental Protection Agency, Region 7, Water Wetlands and Pesticides Division, Drinking Water Management Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 and PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 (2) the Missouri Department of Natural Resources, Lewis and Clark State Office Building, 1101 Riverside Drive, Jefferson City, Missouri 65102. Submit your comments, identified by Docket ID No. EPA–R07–OW–2016– 0602, to https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. 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). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Neftali Hernandez, Environmental Protection Agency, Region 7, Drinking Water Management Branch, (913) 551– 7036, or by email at hernandezsantiago.neftali@epa.gov. The EPA is hereby giving notice that the State of Missouri is revising its approved Public Water Supply Supervision Program delegated to the Missouri Department of Natural Resources. The Missouri Department of Natural Resources revised their program by incorporating the following EPA National Primary Drinking Water Regulation: Ground Water Rule (November 8, 2006, 71 FR 65574). EPA has reviewed the application and determined that the revisions are no less stringent than the corresponding Federal regulations and that the State of Missouri continues to meet all requirements for primary enforcement responsibility as specified in 40 CFR 142.10. Therefore, EPA intends to approve these program revisions. SUPPLEMENTARY INFORMATION: (Authority: Section 1413 of the Safe Drinking Water Act, as amended, and 40 CFR 142.10, 142.12(d) and 142.13) E:\FR\FM\01NON1.SGM 01NON1

Agencies

[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75816-75820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26375]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2015-0499; FRL-9954-82-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 ten Environmental 
Protection Agency (EPA) Regions of the final 2016 National Pollutant 
Discharge Elimination System (NPDES) pesticide general permit (PGP)--
the ``2016 PGP.'' The 2016 PGP, which has an effective date of October 
31, 2016, replaces the existing permit (``2011 PGP'') that expires at 
midnight on October 31, 2016, 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. 
EPA is issuing this permit for five (5) years in all areas of the 
country where EPA is the NPDES permitting authority.

DATES: The permit is effective on October 31, 2016, and will expire at 
midnight, October 31, 2021. In accordance with 40 CFR part 23, this 
permit shall be considered issued for the purpose of judicial review on 
November 15, 2016. Under Section 509(b) of the Clean Water Act, 
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 
Clean Water Act, 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 to be 
covered, if required, are provided in Part 1.2.3, Table 1-2, of the 
2016 PGP.

FOR FURTHER INFORMATION CONTACT: EPA Regional Office listed in Section 
I.C., or you can send an email to pgp@epa.gov. You may also contact 
Prasad Chumble, EPA Headquarters, Office of Water, Office of Wastewater 
Management at tel.: 202-564-0021 or email: chumble.prasad@epa.gov.

SUPPLEMENTARY INFORMATION: This section is organized as follows:

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. Who are the EPA regional contacts for this final permit?
II. Background
III. Scope and Applicability
    A. Geographic Coverage
    B. Categories of Pesticide Use-Patterns Covered
    C. Summary of Updates to the 2011 PGP and from the Proposed 2016 
PGP.
    D. Summary of 2016 PGP Terms and Requirements
IV. Cost Impacts of the PGP
V. 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, that result in a discharge to waters 
of the United States in one of the geographic areas identified in 
Section III.A. 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 2016 PGP
------------------------------------------------------------------------
                                                        Examples of
           Category                   NAICS         potentially affected
                                                          entities
------------------------------------------------------------------------
Agriculture parties--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).                                    administration, and
                                                    coordination of
                                                    public health
                                                    programs and
                                                    services, including
                                                    environmental health
                                                    activities.
Resource management parties     924110             Government
 (includes State departments     Administration     establishments
 of fish and wildlife, State     of Air and Water   primarily engaged in
 departments of pesticide        Resource and       the administration,
 regulation, State               Solid Waste        regulation, and
 environmental agencies, and     Management         enforcement of air
 universities).                  Programs.          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 75817]]

 
                                924120             Government
                                 Administration     establishments
                                 of Conservation    primarily engaged in
                                 Programs.          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?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. EPA-HQ-OW-2015-0499. The official public 
docket is the collection of materials that are available for public 
viewing at the Water Docket in the EPA Docket Center, (EPA/DC) WJC West 
Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460. 
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 in hard 
copy at the EPA Docket Center Public Reading Room, open from 8:30 a.m. 
to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room and the Water Docket is 
(202) 566-1744.
    2. Electronic Access. You may access this Federal Register document 
electronically through the United States government on-line source for 
federal regulations at https://www.regulations.gov.
    An electronic version of the public docket is available through the 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at https://www.regulations.gov to view public comments, 
access the index listing of the contents of the official public docket, 
and to access those documents in the public docket that are available 
electronically. For additional information about the EPA's public 
docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials at the EPA Docket Center.
    Electronic versions of the 2016 PGP and Fact Sheet are also 
available on the EPA's NPDES Web site at https://www.epa.gov/npdes/pesticide-permitting.

C. Who are the EPA regional contacts for this final permit?

    For EPA Region 1, contact George Papadopoulos at tel.: (617) 918-
1579; or email at papadopoulos.george@epa.gov.
    For EPA Region 2, contact Maureen Krudner at tel.: (212) 637-3874; 
or email at krudner.maureen@epa.gov.
    For EPA Region 3, contact Mark Smith at tel.: (215) 814-3105; or 
email at smith.mark@epa.gov.
    For EPA Region 4, contact Sam Sampath at tel.: (404) 562-9229; or 
email at sampath.sam@epa.gov.
    For EPA Region 5, contact Jason Hewitt at tel.: (312) 353-3114; or 
email at hewitt.jason@epa.gov.
    For EPA Region 6, contact Kilty Baskin at tel.: (214) 665-7500 or 
email at baskin.kilty@epa.gov.
    For EPA Region 7, contact Kimberly Hill at tel.: (913) 551-7841 or 
email at: hill.kimberly@epa.gov.
    For EPA Region 8, contact David Rise at tel.: (406) 457-5012 or 
email at: rise.david@epa.gov.
    For EPA Region 9, contact Pascal Mues at tel.: (415) 972-3768 or 
email at: mues.pascal@epa.gov.
    For EPA Region 10, contact Dirk Helder at tel.: (208) 378-5749 or 
email at: helder.dirk@epa.gov.

II. Background

    Section 301(a) of the Clean Water Act (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, (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), 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.
    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 is issuing the 2016 PGP to replace the 2011 PGP which 
expires at midnight on October 31, 2016. Similar to the 2011 PGP, the 
2016 PGP provides coverage for certain point source discharges from the 
application of pesticides to waters of the United States in areas where 
EPA is the NPDES permitting authority.
    EPA published the draft 2016 PGP and accompanying Fact Sheet in the 
Federal Register on January 26, 2016 (81 FR 4289), soliciting comments 
on the draft permit. EPA also conducted formal consultation with Indian 
Tribal Governments. EPA received 28 written comment letters on the 
draft permit.

[[Page 75818]]

EPA considered all comments received during the comment period in 
preparing the final permit. EPA responded to all significant comments 
in the Response to Comment Document which is available as part of the 
docket for this permit.

III. Scope and Applicability

A. Geographic Coverage

    EPA provides permit coverage for classes of point source discharges 
that occur in areas where EPA is the NPDES permitting authority. The 
geographic coverage of the 2016 PGP is listed in Appendix C of the 
permit and also listed below. This permit also applies in all areas of 
Indian Country that are not covered by an EPA-approved permitting 
program, for example, the areas of Indian Country described below:
EPA Region 1
 Massachusetts, including Indian Country within Massachusetts
 Indian Country within Connecticut
 New Hampshire
 Indian Country within Rhode Island
 Federal Facilities within Vermont
EPA Region 2
 Indian Country within New York State
 Puerto Rico
EPA Region 3
 The District of Columbia
 Federal Facilities within Delaware
EPA Region 4
 Indian Country within Alabama
 Indian Country within Florida
 Indian Country within Mississippi
 Indian Country within North Carolina
EPA Region 5
 Indian Country within Michigan
 Indian Country within Minnesota, excluding Fond du Lac Band of 
Chippewa
 Indian Country within Wisconsin, excluding Lac du Flambeau 
Band of Lake Superior Chippewa Indians
EPA Region 6
 Indian Country within Louisiana
 New Mexico, including Indian Country within New Mexico, except 
Navajo Reservation Lands (see Region 9) and Ute Mountain Reservation 
Lands (see Region 8)
 Indian Country within Oklahoma
 Discharges in Texas that are not under the authority of the 
Texas Commission on Environmental Quality (formerly TNRCC), including 
activities associated with the exploration, development, or production 
of oil or gas or geothermal resources, including transportation of 
crude oil or natural gas by pipeline, including Indian Country.
EPA Region 7
 Indian Country within Iowa
 Indian Country within Kansas
 Indian Country within Nebraska, except Pine Ridge Reservation 
lands (see Region 8)
EPA Region 8
 Federal Facilities in Colorado, including those on Indian 
Country within Colorado as well as the portion of the Ute Mountain 
Reservation located in New Mexico
 Indian Country within Montana
 Indian Country within North Dakota
 Indian Country within South Dakota, as well as the portion of 
the Pine Ridge Reservation located in Nebraska (see Region 7)
 Indian Country within Utah, except Goshute and Navajo 
Reservation lands (see Region 9)
 Indian Country within Wyoming
PA Region 9
 The Island of American Samoa
 Indian Country within Arizona as well as Navajo Reservation 
lands in New Mexico (see Region 6) and Utah (see Region 8), excluding 
Hualapai Tribe
 Indian Country within California, excluding Hoopa Valley Tribe
 The Island of Guam
 The Johnston Atoll
 Midway Island, Wake Island, and other unincorporated U.S. 
possessions
 The Commonwealth of the Northern Mariana Islands
 Indian Country within the State of Nevada, as well as the Duck 
Valley Reservation in Idaho, the Fort McDermitt Reservation in Oregon 
(see Region 10) and the Goshute Reservation in Utah (see Region 8)
EPA Region 10
 Indian Country and the Denali National Park and Preserve 
within Alaska
 Idaho, including Indian Country within Idaho, except Duck 
Valley Reservation lands (see Region 9)
 Indian Country within Oregon, except Fort McDermitt 
Reservation lands (see Region 9)
 Federal Facilities in Washington, including those located on 
Indian Country within Washington

B. Categories of Pesticide Use-Patterns Covered

    This permit regulates discharges to waters of the United States 
from the application of (1) biological pesticides, and (2) chemical 
pesticides that leave a residue. These apply to the following pesticide 
use patterns:
     Mosquito and Other Flying Insect Pest Control--to control 
public health/nuisance and other flying insect pests that develop or 
are present during a portion of their life cycle in or above standing 
or flowing water. Public health/nuisance and other flying insect pests 
in this use category include mosquitoes and black flies.
     Weed and Algae Pest Control--to control weeds, algae, and 
pathogens that are pests in water and at water's edge, including 
ditches and/or canals.
     Animal Pest Control--to control animal pests in water and 
at water's edge. Animal pests in this use category include fish, 
lampreys, insects, mollusks, and pathogens.
     Forest Canopy Pest Control--application of a pesticide to 
a forest canopy to control the population of a pest species (e.g., 
insect or pathogen) where, to target the pests effectively, a portion 
of the pesticide unavoidably will be applied over and deposited to 
water.
    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 2016 PGP.

C. Summary of Updates to the 2011 PGP and From the Proposed 2016 PGP

    The 2016 PGP replaces the 2011 PGP, which was issued for a five-
year term on October 31, 2011 (76 FR 68750) and expires October 31, 
2016, at midnight. While the requirements of the 2016 PGP remain the 
same as those in the 2011 PGP, some minor updates have been added and 
are discussed in more detail in the 2016 PGP Fact Sheet, such as:
     Added electronic reporting requirements in Part 7.8 of the 
PGP to be consistent with EPA's Electronic Reporting Rule (78 FR 
46005); and
     Updated the definition of National Marine Fisheries 
Service (NMFS) Listed Resources of Concern to include additional 
species as a result of consultation between EPA and NMFS, as required 
under Section 7 of the Endangered Species Act.
    EPA published the draft 2016 PGP for public comment on January 26, 
2016 (81 FR 4289). The following is a summary of permit modifications 
from the draft 2016 PGP:
     Changed the date when Notices Of Intent (NOIs) are 
required from October 31, 2016, to January 12, 2017, in order to allow 
Decision-makers enough time to read and understand the permit 
requirements and comply with the reporting and recordkeeping 
requirements of the permit; and

[[Page 75819]]

     Updated Part 9.0 of the 2016 PGP to reflect state and 
tribal CWA Section 401 certifications.

D. Summary of 2016 PGP Terms and Requirements

    The 2016 PGP is similar to the 2011 PGP, and is structured in the 
same nine parts: (1) Coverage under the 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, Indian Country, or territories. Additionally, as 
with the 2011 PGP, the 2016 PGP includes nine appendices with 
additional conditions and guidance for permittees: (A) Definitions, 
abbreviations, and acronyms, (B) standard permit conditions, (C) areas 
covered, (D) NOI form, (E) Notice of Termination (NOT) form, (F) 
Pesticide Discharge Evaluation worksheet (PDEW), (G) Annual Reporting 
template, (H) Adverse Incident template, and (I) endangered species 
procedures.
    The following is a summary of the 2016 PGP's requirements:
     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.
     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.
     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.
     Coverage under this permit is available only for 
discharges and discharge-related activities that are not likely to 
adversely affect species that are federally-listed as endangered or 
threatened (``listed'') under the Endangered Species Act (ESA) or 
habitat that is federally-designated as critical under the ESA 
(``critical habitat''), except for certain cases specified in the 
permit involving prior consultation with the NMFS, and for Declared 
Pest Emergency Situations. The permit contains several provisions 
addressing listed species, including for certain listed species 
identified in the permit as NMFS Listed Resources of Concern, that 
Decision-makers whose discharges may affect these resources certify 
compliance with one of six criteria which together ensure that any 
potential adverse effects have been properly considered and addressed. 
These NMFS Listed Resources of Concern for the PGP are identified in 
detail on EPA's Web site at https://www.epa.gov/npdes/pesticide-permitting-ESA-procedures. Other requirements that address protection 
of listed species include the waiting periods between submission of an 
NOI and authorization to discharge, and specific permit conditions 
requiring compliance with the results of any ESA Section 7 consultation 
with the Services, or ESA Section 10 permit issued by the Services.
     Certain Decision-makers [i.e., any agency 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 or to waters of the United States 
containing NMFS Listed Resources of Concern] are required to also 
submit an NOI to obtain authorization to discharge and implement pest 
management options to reduce the discharge of pesticides to waters of 
the United States. Of this group, certain large Decision-makers must 
also develop a Pesticide Discharge Management Plan (PDMP), submit 
annual reports, and maintain detailed records. Certain small Decision-
makers 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.
     Permit conditions take effect as of October 31, 2016; 
however, Operators with eligible discharges are authorized for permit 
coverage (or automatically covered) through January 12, 2017 without 
submission of an NOI. Thus, for any discharges commencing on or before 
January 12, 2017 that will continue after this date, an NOI must be 
submitted no later than January 2, 2017 to ensure uninterrupted permit 
coverage, and for any discharge occurring after January 12, 2017, no 
later than 10 days before the first discharge occurring after January 
12, 2017.

IV. Cost Impacts of the PGP

    EPA expects the costs that covered entities, including small 
businesses, will bear to comply with this permit to be minimal. A copy 
of the EPA's cost impact analysis, titled, ``Cost Impact Analysis for 
the EPA's Final 2016 Pesticide General Permit (PGP)'' is available in 
the docket for this permit.

V. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    In compliance with Executive Order 13175, EPA consulted with tribal 
officials to gain an understanding of, and where necessary, to address 
tribal implications of the 2016 PGP. In the course of this 
consultation, EPA undertook the following activities:
     October 28, 2015--EPA mailed notification letters to 
tribal leaders initiating consultation and coordination on the renewal 
of the PGP. The initiation letter was posted on the tribal portal Web 
site at https://www.epa.gov/tribal.
     November 19, 2015--EPA held an informational 
teleconference open to all tribal representatives, and reserved the 
last part of the teleconference for official consultation comments. 
Seven tribal officials participated. EPA also invited tribes to submit 
written comments on the draft 2016 PGP. The presentation was posted on 
the tribal portal Web site at https://tcots.epa.gov.
    EPA did not receive any comments during the formal tribal 
consultation period. EPA notes that as part of the finalization of this 
permit, the Agency completed Section 401 certification procedures with 
all applicable tribes where this permit will apply (see Part 9 and 
Appendix C of the PGP).

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


[[Page 75820]]


    Dated: October 24, 2016.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.
    Dated: October 24, 2016.
Javier Laureano,
Director, Clean Water Division, EPA Region 2.
    Dated: October 24, 2016.
Carmen R. Guerrero-Perez,
Division Director, Caribbean Environmental Protection Division, EPA 
Region 2.
    Dated: October 24, 2016.
Jon M. Capacasa,
Director, Water Protection Division, EPA Region 3.
    Dated: October 24, 2016.
James D. Giattina,
Director, Water Protection Division, EPA Region 4.
    Dated: October 24, 2016.
Christopher Korleski,
Director, Water Division, EPA Region 5.
    Dated: October 24, 2016.
William K. Honker,
Director, Water Division, EPA Region 6.
    Dated: October 24, 2016.
Karen A. Flournoy,
Director, Water, Wetlands and Pesticides Division, EPA Region 7.
    Dated: October 24, 2016.
Darcy O'Connor,
Acting Assistant Regional Administrator, Office of Water Protection, 
EPA Region 8.
    Dated: October 24, 2016.
Tom[aacute]s Torres,
Division Director, Water Division, EPA Region 9.

    Dated: October 24, 2016.
Christine Psyk,
Deputy Director, Office of Water and Watersheds, EPA Region 10.
[FR Doc. 2016-26375 Filed 10-31-16; 8:45 am]
 BILLING CODE 6560-50-P
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