Draft National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges From the Application of Pesticides; Reissuance, 83120-83124 [2023-26146]
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Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Notices
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Andrew D. Sawyers,
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[FR Doc. 2023–26096 Filed 11–27–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2023–0268; FRL [10613–01–
OW]
Draft National Pollutant Discharge
Elimination System (NPDES) Pesticide
General Permit for Point Source
Discharges From the Application of
Pesticides; Reissuance
Environmental Protection
Agency (EPA).
ACTION: Notice of draft permit and
request for public comment.
AGENCY:
All ten Environmental
Protection Agency (EPA) Regions are
proposing for public comment the draft
2026 National Pollutant Discharge
Elimination System (NPDES) Pesticide
General Permit (PGP)—the draft 2026
PGP. The draft 2026 PGP covers point
source discharges from the application
of pesticides to waters of the United
States. Once finalized, the draft 2026
PGP will replace the existing permit, the
2021 PGP, which was issued for a fiveyear term in the Federal Register on
October 31, 2021, and expires October
31, 2026, at midnight. The draft 2026
PGP largely has the same conditions and
requirements as EPA’s previously issued
PGPs, and would authorize certain point
source discharges from the application
of pesticides to waters of the United
States in accordance with the terms and
conditions described therein. EPA
proposes to issue this permit for five (5)
years in all areas of the country where
EPA is the NPDES permitting authority.
EPA solicits public comment on all
aspects of the draft 2026 PGP. This
Federal Register document describes
the draft 2026 PGP in general and seeks
comment as described in Section III.C of
this document. The Fact Sheet
accompanying the permit contains
supporting documentation. EPA
encourages the public to read the Fact
Sheet to better understand the draft
2026 PGP.
DATES: Written comments on the draft
2026 PGP must be received by January
12, 2024.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–HQ–
OW–2023–0268, by any of the following
methods:
SUMMARY:
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• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
Office of Water Docket, Mail Code
28221T, 1200 Pennsylvania Avenue
NW, Washington, DC 20460.
• Hand Delivery or Courier: EPA
Docket Center, WJC West Building,
Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004. The Docket
Center’s hours of operations are 8:30
a.m. to 4:30 p.m., Monday through
Friday (except Federal Holidays).
Instructions: All submissions received
must include the Docket ID No. EPA–
HQ–OW–2023–0268. Comments
received may be posted without change
to https://www.regulations.gov/,
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
83121
office listed in Section I.D of this
document, email PGP@epa.gov, or
contact Lauren Mosesso, EPA
Headquarters, Office of Water, Office of
Wastewater Management (4203M), 1200
Pennsylvania Avenue NW, Washington,
DC 20460; telephone number: 202–564–
1012; email address: mosesso.lauren@
epa.gov. Electronic versions of the draft
2026 PGP and Fact Sheet are also
available on EPA’s NPDES website at
https://www.epa.gov/npdes/pesticidepermitting.
SUPPLEMENTARY INFORMATION: This
section is organized as follows:
IV. Cost Impacts of the Draft 2026 PGP
V. Statutory and Executive Orders Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulations and
Regulatory Review
B. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations and Executive Order 14096:
Revitalizing Our Nation’s Commitment
to Environmental Justice for All
C. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Table of Contents
A. Does this action apply to me?
I. General Information
A. Does this action apply to me?
B. Public Participation
C. Finalizing the Draft 2026 PGP
D. Who are the EPA regional contacts for
this draft permit?
II. Background
III. Scope and Applicability
A. Geographic Coverage
B. Categories of Pesticide Use-Patterns
Covered
C. Summary of the Permit and Changes
From the 2021 PGP
You may be affected by this action if
you apply pesticides under the use
patterns in section III.B of this
document that result in a discharge to
waters of the United States in one of the
geographic areas identified in section
III.A of this document. Potentially
affected entities, as categorized in the
North American Industry Classification
System (NAICS), may include, but are
not limited to:
I. General Information
TABLE 1—ENTITIES POTENTIALLY REGULATED BY THE DRAFT 2026 PGP
Category
NAICS
Agricultural entities—General agricultural interests, farmers/producers, forestry, and irrigation.
111
Examples of potentially affected entities
Crop Production ...................
113110
Timber Tract Operations
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).
221310 Water Supply for Irrigation.
325320 Pesticide and Other Agricultural Chemical Manufacturing.
923120 Administration of Public
Health Programs.
924110 Administration of Air and
Water Resource and Solid
Waste Management Programs.
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924120 Administration of Conservation Programs.
Utility parties (includes utilities) .......
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Utilities ..................................
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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.
Government establishments primarily engaged in the planning, administration, and coordination of public health programs and services, including environmental health activities.
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.
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.
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B. Public Participation
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1. Written Comments
Submit your comments, identified by
Docket ID No. EPA–HQ–OW–2023–
0268, at https://www.regulations.gov
(our preferred method), or the other
methods identified in the ADDRESSES
section. Once submitted, comments
cannot be edited or removed from the
docket. EPA may publish any comment
received to its public docket. Do not
submit to EPA’s docket at https://
www.regulations.gov any information
you consider to be Confidential
Business Information (CBI), Proprietary
Business Information (PBI), or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). Please visit https://
www.epa.gov/dockets/commenting-epadockets for additional submission
methods; the full EPA public comment
policy; information about CBI, PBI, or
multimedia submissions; and general
guidance on making effective
comments.
2. Will public hearings be held on this
action?
EPA has not scheduled any public
hearings to receive public comment
concerning the draft 2026 PGP.
However, interested persons may
request a public hearing concerning the
draft 2026 PGP pursuant to 40 CFR
124.12. Requests for a public hearing
must be sent or delivered in writing to
the same address as provided above for
public comments prior to the close of
the comment period. Requests for a
public hearing must state the nature of
the issues proposed to be raised in the
hearing. Pursuant to 40 CFR 124.12,
EPA shall hold a public hearing if it
finds, on the basis of requests, a
significant degree of public interest in a
public hearing on the draft 2026 PGP. If
EPA decides to hold a public hearing, a
public notice of the date, time, and
place of the hearing will be made at
least 30 days prior to the hearing. Any
person may provide written or oral
statements and data pertaining to the
draft 2026 PGP at any such public
hearing.
C. Finalizing the Draft 2026 PGP
EPA intends to issue a final 2026 PGP
on or prior to December 17, 2024, a
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condition of the Settlement Agreement
in Center for Biological Diversity v. EPA
and FWS, No. 21–71306 (9th Cir.). The
final 2026 PGP will be issued after all
public comments received during the
public comment period have been
considered and any appropriate changes
are made to the draft 2026 PGP. EPA
will include its response to significant
comments received in the docket as part
of the final permit decision. Once the
final 2026 PGP becomes effective on
October 31, 2026, eligible Operators
may seek authorization under the new
PGP as outlined in the permit. To
ensure uninterrupted permit coverage
from the 2021 PGP to the 2026 PGP,
Operators who are required to submit a
Notice of Intent (NOI) must submit their
NOI for coverage under the new permit
prior to discharge as outlined in the
permit (e.g., no later than 10 or 30 days
before discharge). See Part 1.2.4 of the
draft 2026 PGP.
D. Who are the EPA regional contacts
for this draft permit?
For EPA Region 1, contact George
Papadopoulos at tel.: (617) 918–1579; or
email at papadopoulos.george@epa.gov.
For EPA Region 2, contact Sergio
Bosques at tel.: (787) 977–5838 or
bosques.sergio@epa.gov.
For EPA Region 3, contact Carissa
Moncavage at tel.: (215) 814–5798; or
email at moncavage.carissa@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 John
Colletti at tel.: (312) 886–6106; or email
at colletti.john@epa.gov.
For EPA Region 6, contact William F.
Cooper at tel.: (214) 665–6443 or email
at cooper.williamf@epa.gov.
For EPA Region 7, contact Alex
Owutaka at tel.: (913) 551–7584 or email
at: owutaka.alex@epa.gov.
For EPA Region 8, contact Margaret
Kennedy at tel.: (303) 312–6644 or email
at: kennedy.margaret@epa.gov.
For EPA Region 9, contact Prasad
Gullapalli at tel.: (415) 972–3406 or
email at: Gullapalli.Prasad@epa.gov.
For EPA Region 10, contact Bilin Basu
at tel.: (206) 553–0029 or email at:
basu.bilin@epa.gov.
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
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waters of the contiguous zone or the
ocean from any point source other than
a vessel or other floating craft.’’ 33
U.S.C. 1362(12). A ‘‘point source’’ is any
‘‘discernible, confined and discrete
conveyance’’ but does not include
‘‘agricultural stormwater discharges and
return flows from irrigated agriculture.’’
1362(14). The term ‘‘pollutant’’ includes
among other things ‘‘garbage . . .
chemical wastes, biological materials
. . . and industrial, municipal, and
agricultural waste discharged into
water.’’ 33 U.S.C. 1362(6).
A person may discharge a pollutant
without violating the Section 301
prohibition by obtaining authorization
to discharge (referred to herein as
‘‘coverage’’) under a Section 402 NPDES
permit (33 U.S.C. 1342). Under Section
402(a), EPA may ‘‘issue a permit for the
discharge of any pollutant, or
combination of pollutants,
notwithstanding Section 1311(a)’’ upon
meeting certain conditions required by
the Act.
EPA issued the first Pesticide General
Permit (‘‘2011 PGP’’) on October 31,
2011, in response to the United States
Sixth Circuit Court of Appeals ruling
vacating EPA’s 2006 Final Rule on
Aquatic Pesticides. National Cotton
Council of America. v. EPA, 553 F.3d
927 (6th Cir. 2009). EPA developed the
PGP to control point source discharges
of biological pesticides and chemical
pesticides that leave a residue into
waters of the United States. The PGP
provides coverage for certain point
source discharges of pollutants to waters
of the United States in areas where EPA
is the permitting authority. In 2016, EPA
issued the second PGP (‘‘2016 PGP’’)
and, in 2021, issued the third PGP
(‘‘2021 PGP’’). In October 2021, the
Center for Biological Diversity filed a
petition in the U.S. Court of Appeals for
the Ninth Circuit challenging EPA’s
issuance of the 2021 PGP. The petition
alleged that EPA failed to comply with
the CWA in issuing the 2021 PGP, and
that EPA and the U.S. Fish and Wildlife
Service (FWS) failed to comply with the
Endangered Species Act (ESA) in
issuing the 2021 PGP. A Settlement
Agreement in Center for Biological
Diversity v. EPA and FWS, No. 21–
71306 (9th Cir.) was finalized on July
25, 2023. The settlement agreement
committed EPA (1) to initiate formal
ESA consultation on the draft 2026 PGP
by February 1, 2024; (2) to propose
certain revisions to the monitoring and
recordkeeping provisions for public
comment when proposing the draft 2026
PGP; and (3) to issue the 2026 PGP on
or before December 17, 2024.
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III. Scope and Applicability
A. Geographic Coverage
EPA provides permit coverage for
classes of point source discharges of
pollutants that occur in areas where
EPA is the NPDES permitting authority.
The geographic coverage of the draft
2026 PGP is listed in Appendix C of the
permit.
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B. Categories of Pesticide Use-Patterns
Covered
The draft 2026 PGP has largely the
same requirements and conditions as
the 2021 PGP and regulates the same
discharges of pollutants to waters of the
United States from the application of (1)
biological pesticides, and (2) chemical
pesticides that leave a residue. The draft
2026 PGP applies to the following same
pesticide use patterns:
• Mosquito and Other Flying Insect Pest
Control
• Weed and Algae Pest Control
• Animal Pest Control
• Forest Canopy Pest Control
The scope of activities encompassed
by these pesticide use patterns is
described in greater detail in Part III.1.1
of the Fact Sheet for the draft 2026 PGP.
C. Summary of the Permit and Changes
From the 2021 PGP
Once effective, the final 2026 PGP
will replace the 2021 PGP, which
became effective for a five-year term on
October 31, 2021 (86 FR 51665), and
expires October 31, 2026, at midnight.
The draft 2026 PGP is largely similar to
the 2021 PGP, and is structured in the
same nine parts: (1) Coverage Under
This Permit, (2) Technology-Based
Effluent Limitations, (3) Water QualityBased Effluent Limitations, (4)
Monitoring, (5) Pesticide Discharge
Management Plan, (6) Corrective Action,
(7) Recordkeeping and Annual
Reporting, (8) EPA Contact Information
and Mailing Addresses, and (9) Permit
Conditions Applicable to Specific States
(including Territories) and Indian
Country. Additionally, as with the 2021
PGP, the draft 2026 PGP includes nine
appendices with additional conditions
and guidance for permittees: (A)
Definitions, Abbreviations, and
Acronyms, (B) Standard Permit
Conditions, (C) Areas Covered, (D)
Notice of Intent (NOI) form, (E) Notice
of Termination (NOT) form, (F)
Pesticide Discharge Evaluation
Worksheet (PDEW), (G) Annual
Reporting Template, (H) Adverse
Incident Report Template, and (I)
Endangered Species Procedures.
The following is a summary of the
draft 2026 PGP’s proposed
requirements:
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• 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.
• Certain Decision-makers are
required also to submit an NOI to obtain
authorization to discharge and to
implement pest management options to
reduce the discharge of pesticides to
waters of the United States. These
Decision-makers are: agencies for which
pest management for land resource
stewardship is an integral part of the
organization’s operations; entities with a
specific responsibility to control pests
(e.g., mosquito and weed control
districts); local governments or other
entities that apply pesticides in excess
of specified annual treatment area
thresholds; and entities that discharge
pesticides to Tier 3 waters (Outstanding
National Resource Waters, 40 CFR
131.12(a)(3)) or to waters of the United
States containing Fish and Wildlife
Service (FWS) Listed Resources of
Concern and/or National Marine
Fisheries Service (NMFS) Listed
Resources of Concern.
• Within this group, certain large
Decision-makers (any (1) public entity
that serves a population greater than
10,000 or (2) private enterprise that
exceeds the Small Business
Administration size standard as
identified in 13 CFR 121.201) must also
develop a Pesticide Discharge
Management Plan (PDMP), submit
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annual reports, and maintain detailed
records. Whereas certain small
Decision-makers (any (1) public entity
that serves a population of 10,000 or
less or (2) private enterprise that does
not exceed the Small Business
Administration size standard as
identified in 13 CFR 121.201) are
required to complete a pesticide
discharge evaluation worksheet for each
pesticide application (in lieu of the
more comprehensive PDMP), an annual
report, and detailed recordkeeping.
• Deadlines for submittal of an NOI to
be covered, if required, are provided in
Part 1.2.3, Table 1–2, of the draft 2026
PGP.
EPA encourages the public to review
and comment on all aspects and
provisions in the draft 2026 PGP. The
draft 2026 PGP is largely similar to the
2021 PGP but includes the changes
listed below. See Part III of the draft
2026 PGP fact sheet for further
discussion.
(1) Adds Part 4.3, Documentation of
Visual Monitoring, to reiterate the
requirement to record visual monitoring
as required under the Recordkeeping
portions of the permit Parts 7.2, 7.3, and
7.4;
(2) Adds Part 4.4, Additional
Monitoring, to emphasize additional
monitoring could be required by EPA to
ensure compliance with PGP;
(3) Requires Decision-makers to
submit Pesticide Discharge Management
Plan (PDMP) with NOI submission (Part
5);
(4) Updates PDMP contents to include
visual monitoring procedures (Part 5);
(5) Adds that if visual monitoring was
performed, the record must include the
date, time, and location (Part 7);
(6) Requires Decision-makers to
submit visual monitoring records with
an Annual Report (Part 7);
(7) Adds a field for NAICS Code on
the Notice of Intent form (Appendix D);
(8) Adds a field for latitude and
longitude of the Pest Management Area
on the Notice of Intent form (Appendix
D);
(9) Adds the terms ‘‘Fish and Wildlife
Service Listed Resources of Concern’’
and ‘‘Lands of Exclusive Federal
Jurisdiction’’ to Appendix A,
Definitions and Acronyms;
(10) Updates Appendix C, Areas
Covered, to add permit numbers for
other areas of Indian Country and Lands
of Exclusive Federal Jurisdiction.
(11) Adds the term, ‘‘Fish and
Wildlife Service (FWS) Listed Resources
of Concern’’ where the permit already
includes the term, ‘‘National Marine
Fisheries Service (NMFS) Listed
Resources of Concern’’ to reflect
proposed permit changes to address
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listed species and designated critical
habitats under the jurisdiction of FWS;
(12) Notes in Part 1.1.2.4 that aerial
image of the pest management area(s)
may not be needed if EPA’s geospatial
mapping tool is available to provide
supporting documentation when
selecting ESA eligibility Criterion A;
(13) Directs Decision-makers who are
required to submit an NOI to include
activities resulting in a discharge to
waters of the United States containing
FWS Listed Resources of Concern on the
NOI (Part 1.2.2), and updates the NOI
form to reflect this change (Appendix
D);
(14) Updates Appendix I, Endangered
Species Procedures, to clarify the
procedures with a worksheet format to
guide Operators through the ESA
eligibility criteria.
IV. Cost Impacts of the Draft 2026 PGP
Based on the cost analyses performed
for EPA’s previously issued PGPs, EPA
expects the costs that covered entities,
including small businesses, will bear to
comply with this permit will be
minimal. Since the draft 2026 PGP is
largely similar to the 2021 PGP, EPA
projects that the proposed changes will
have minimal incremental cost impacts
on regulated entities. Copies of EPA’s
economic analyses and cost impact
analyses for EPA’s previously issued
PGPs are available in the docket for this
permit. See Appendix D of the draft
2026 PGP Fact Sheet for further
discussion of the potential incremental
costs of the draft 2026 PGP.
V. Statutory and Executive Orders
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulations
and Regulatory Review
The draft 2026 PGP is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
lotter on DSK11XQN23PROD with NOTICES1
B. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations and Executive
Order 14096: Revitalizing Our Nation’s
Commitment to Environmental Justice
for All
EPA believes that the human health
and environmental conditions that exist
prior to this action is not likely to result
in disproportionate and adverse effects
on communities with EJ concerns. As
part of the general permit development
process, EPA reviews available
information to evaluate whether
issuance of a permit could affect
VerDate Sep<11>2014
17:19 Nov 27, 2023
Jkt 262001
overburdened communities. The
information supporting this Executive
Order review is contained in Appendix
E of the draft 2026 PGP Fact Sheet.
Authority: Clean Water Act, 33 U.S.C.
1251 et seq.
David W. Cash,
Regional Administrator, EPA Region 1.
C. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Christine Ash,
Acting Director, Water Division, EPA Region
2.
This action does not have tribal
implications as specified in Executive
Order 13175. It will neither impose
substantial direct compliance costs on
federally recognized tribal governments,
nor preempt tribal law. EPA directly
implements the NPDES Program,
including the 2026 PGP when it is
finalized, in Indian Country; therefore,
in compliance with EPA Policy on
Consultation and Coordination with
Indian Tribes, EPA consulted with tribal
officials early in the process to provide
tribes an opportunity to have
meaningful and timely input into the
renewal of the PGP. To gain an
understanding of, and where necessary,
to address tribal implications of the
draft 2026 PGP, EPA conducted the
following activities:
• August 22, 2023—EPA emailed
notification letters to tribal leaders
initiating consultation and coordination
on the renewal of the PGP. The
initiation letter was also posted on
EPA’s Tribal Consultation Opportunities
Tracking System (TCOTS) at https://
tcots.epa.gov/.
• September 19 and 21, 2023—EPA
held two informational webinars open
to all tribal representatives and reserved
the last part of each webinar for official
consultation comments. Eighteen tribal
representatives participated in the
webinar. No official comments were
received during the webinar. The
presentation was posted on the tribal
portal website at https://tcots.epa.gov.
EPA received one comment from
tribes and tribal organizations during
the consultation and coordination
period. Records of the tribal
informational webinar and a
consultation summary are included in
the docket for this proposed action
(Docket ID No. EPA–HQ–OW–2023–
0268). EPA has considered the comment
received in the proposal. The Agency
specifically solicits additional comment
on this proposed permit during the
public comment period. EPA also notes
that as part of the finalization of this
proposed permit, the Agency will
complete the Clean Water Act section
401 certification procedures with all
authorized tribes where this permit will
apply.
Carmen R. Guerrero-Pe´rez,
Director, Caribbean Environmental Protection
Division, EPA Region 2.
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
Catherine Libertz,
Director, Water Division, EPA Region 3.
Christopher Thomas,
Acting Director, Water Division, EPA Region
4.
Tera L. Fong,
Director, Water Division, EPA Region 5.
Dzung Kim Ngo Kidd,
Acting Director, Water Division, EPA Region
6.
Dana Skelley,
Acting Director, Water Division, EPA Region
7.
Darcy O’Connor,
Director, Water Division, EPA Region 8.
Toma´s Torres,
Director, Water Division, EPA Region 9.
Michael J. Szerlog,
Acting Director, Water Division, EPA Region
10.
[FR Doc. 2023–26146 Filed 11–27–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2023–0070; FRL–10841–10–
OCSPP]
Pesticide Product Registration;
Receipt of Applications for New Active
Ingredients October 2023
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
EPA has received applications
to register pesticide products containing
active ingredients not included in any
currently registered pesticide products.
Pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), EPA is hereby providing notice
of receipt and opportunity to comment
on these applications.
DATES: Comments must be received on
or before December 28, 2023.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2023–0070,
through the Federal eRulemaking Portal
at https://www.regulations.gov. Follow
the online instructions for submitting
SUMMARY:
E:\FR\FM\28NON1.SGM
28NON1
]]>Agencies
[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Notices]
[Pages 83120-83124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26146]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2023-0268; FRL [10613-01-OW]
Draft National Pollutant Discharge Elimination System (NPDES)
Pesticide General Permit for Point Source Discharges From the
Application of Pesticides; Reissuance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of draft permit and request for public comment.
-----------------------------------------------------------------------
SUMMARY: All ten Environmental Protection Agency (EPA) Regions are
proposing for public comment the draft 2026 National Pollutant
Discharge Elimination System (NPDES) Pesticide General Permit (PGP)--
the draft 2026 PGP. The draft 2026 PGP covers point source discharges
from the application of pesticides to waters of the United States. Once
finalized, the draft 2026 PGP will replace the existing permit, the
2021 PGP, which was issued for a five-year term in the Federal Register
on October 31, 2021, and expires October 31, 2026, at midnight. The
draft 2026 PGP largely has the same conditions and requirements as
EPA's previously issued PGPs, and would authorize certain point source
discharges from the application of pesticides to waters of the United
States in accordance with the terms and conditions described therein.
EPA proposes to issue this permit for five (5) years in all areas of
the country where EPA is the NPDES permitting authority. EPA solicits
public comment on all aspects of the draft 2026 PGP. This Federal
Register document describes the draft 2026 PGP in general and seeks
comment as described in Section III.C of this document. The Fact Sheet
accompanying the permit contains supporting documentation. EPA
encourages the public to read the Fact Sheet to better understand the
draft 2026 PGP.
DATES: Written comments on the draft 2026 PGP must be received by
January 12, 2024.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2023-0268, by any of the following methods:
[[Page 83121]]
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of Water Docket, Mail Code 28221T, 1200 Pennsylvania
Avenue NW, Washington, DC 20460.
Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m.,
Monday through Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket ID
No. EPA-HQ-OW-2023-0268. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Contact the appropriate EPA Regional
office listed in Section I.D of this document, email [email protected], or
contact Lauren Mosesso, EPA Headquarters, Office of Water, Office of
Wastewater Management (4203M), 1200 Pennsylvania Avenue NW, Washington,
DC 20460; telephone number: 202-564-1012; email address:
[email protected]. Electronic versions of the draft 2026 PGP and
Fact Sheet are also available on EPA's NPDES website at https://www.epa.gov/npdes/pesticide-permitting.
SUPPLEMENTARY INFORMATION: This section is organized as follows:
Table of Contents
I. General Information
A. Does this action apply to me?
B. Public Participation
C. Finalizing the Draft 2026 PGP
D. Who are the EPA regional contacts for this draft permit?
II. Background
III. Scope and Applicability
A. Geographic Coverage
B. Categories of Pesticide Use-Patterns Covered
C. Summary of the Permit and Changes From the 2021 PGP
IV. Cost Impacts of the Draft 2026 PGP
V. Statutory and Executive Orders Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulations and Regulatory Review
B. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations and Executive Order 14096: Revitalizing Our Nation's
Commitment to Environmental Justice for All
C. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
I. General Information
A. Does this action apply to me?
You may be affected by this action if you apply pesticides under
the use patterns in section III.B of this document that result in a
discharge to waters of the United States in one of the geographic areas
identified in section III.A of this document. Potentially affected
entities, as categorized in the North American Industry Classification
System (NAICS), may include, but are not limited to:
Table 1--Entities Potentially Regulated by the Draft 2026 PGP
------------------------------------------------------------------------
Examples of
Category NAICS potentially affected
entities
------------------------------------------------------------------------
Agricultural entities--General 111 Crop Producers of crops
agricultural interests, Production. mainly for food and
farmers/producers, forestry, fiber, including
and irrigation. farms, orchards,
groves, greenhouses,
and nurseries that
have irrigation
ditches requiring
pest control.
113110 Timber The operation of
Tract Operations. timber tracts for
the purpose of
selling standing
timber.
113210 Forest Growing trees for
Nurseries reforestation and/or
Gathering of gathering forest
Forest Products. products, such as
gums, barks, balsam
needles, rhizomes,
fibers, Spanish
moss, ginseng, and
truffles.
221310 Water Operating irrigation
Supply for systems.
Irrigation.
Pesticide parties (includes 325320 Pesticide Formulation and
pesticide manufacturers, and Other preparation of
other pesticide users/ Agricultural agricultural pest
interests, and consultants). Chemical control chemicals.
Manufacturing.
Public health parties 923120 Government
(includes mosquito or other Administration establishments
vector control districts and of Public Health primarily engaged in
commercial applicators that Programs. the planning,
service these). Resource ................. administration, and
management parties (includes 924110 coordination of
State departments of fish and Administration public health
wildlife, State departments of Air and Water programs and
of pesticide regulation, Resource and services, including
State environmental agencies, Solid Waste environmental health
and universities). Management activities.
Programs. Government
................. establishments
................. primarily engaged in
................. the administration,
................. regulation, and
924120 enforcement of air
Administration and water resource
of Conservation programs; the
Programs. administration and
regulation of water
and air pollution
control and
prevention programs;
the administration
and regulation of
flood control
programs; the
administration and
regulation of
drainage development
and water resource
consumption
programs; and
coordination of
these activities at
intergovernmental
levels.
Government
establishments
primarily engaged in
the administration,
regulation,
supervision and
control of land use,
including
recreational areas;
conservation and
preservation of
natural resources;
erosion control;
geological survey
program
administration;
weather forecasting
program
administration; and
the administration
and protection of
publicly and
privately owned
forest lands.
Government
establishments
responsible for
planning,
management,
regulation and
conservation of
game, fish, and
wildlife
populations,
including wildlife
management areas and
field stations; and
other administrative
matters relating to
the protection of
fish, game, and
wildlife are
included in this
industry.
Utility parties (includes 221 Utilities.... Provide electric
utilities). power, natural gas,
steam supply, water
supply, and sewage
removal through a
permanent
infrastructure of
lines, mains, and
pipes.
------------------------------------------------------------------------
[[Page 83122]]
B. Public Participation
1. Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OW-2023-
0268, at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit to EPA's
docket at https://www.regulations.gov any information you consider to
be Confidential Business Information (CBI), Proprietary Business
Information (PBI), or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file sharing system). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the full EPA
public comment policy; information about CBI, PBI, or multimedia
submissions; and general guidance on making effective comments.
2. Will public hearings be held on this action?
EPA has not scheduled any public hearings to receive public comment
concerning the draft 2026 PGP. However, interested persons may request
a public hearing concerning the draft 2026 PGP pursuant to 40 CFR
124.12. Requests for a public hearing must be sent or delivered in
writing to the same address as provided above for public comments prior
to the close of the comment period. Requests for a public hearing must
state the nature of the issues proposed to be raised in the hearing.
Pursuant to 40 CFR 124.12, EPA shall hold a public hearing if it finds,
on the basis of requests, a significant degree of public interest in a
public hearing on the draft 2026 PGP. If EPA decides to hold a public
hearing, a public notice of the date, time, and place of the hearing
will be made at least 30 days prior to the hearing. Any person may
provide written or oral statements and data pertaining to the draft
2026 PGP at any such public hearing.
C. Finalizing the Draft 2026 PGP
EPA intends to issue a final 2026 PGP on or prior to December 17,
2024, a condition of the Settlement Agreement in Center for Biological
Diversity v. EPA and FWS, No. 21-71306 (9th Cir.). The final 2026 PGP
will be issued after all public comments received during the public
comment period have been considered and any appropriate changes are
made to the draft 2026 PGP. EPA will include its response to
significant comments received in the docket as part of the final permit
decision. Once the final 2026 PGP becomes effective on October 31,
2026, eligible Operators may seek authorization under the new PGP as
outlined in the permit. To ensure uninterrupted permit coverage from
the 2021 PGP to the 2026 PGP, Operators who are required to submit a
Notice of Intent (NOI) must submit their NOI for coverage under the new
permit prior to discharge as outlined in the permit (e.g., no later
than 10 or 30 days before discharge). See Part 1.2.4 of the draft 2026
PGP.
D. Who are the EPA regional contacts for this draft permit?
For EPA Region 1, contact George Papadopoulos at tel.: (617) 918-
1579; or email at [email protected].
For EPA Region 2, contact Sergio Bosques at tel.: (787) 977-5838 or
[email protected].
For EPA Region 3, contact Carissa Moncavage at tel.: (215) 814-
5798; or email at [email protected].
For EPA Region 4, contact Sam Sampath at tel.: (404) 562-9229; or
email at [email protected].
For EPA Region 5, contact John Colletti at tel.: (312) 886-6106; or
email at [email protected].
For EPA Region 6, contact William F. Cooper at tel.: (214) 665-6443
or email at [email protected].
For EPA Region 7, contact Alex Owutaka at tel.: (913) 551-7584 or
email at: [email protected].
For EPA Region 8, contact Margaret Kennedy at tel.: (303) 312-6644
or email at: [email protected].
For EPA Region 9, contact Prasad Gullapalli at tel.: (415) 972-3406
or email at: [email protected].
For EPA Region 10, contact Bilin Basu at tel.: (206) 553-0029 or
email at: [email protected].
II. Background
Section 301(a) of the CWA provides that ``the discharge of any
pollutant by any person shall be unlawful'' unless the discharge is in
compliance with certain other sections of the Act. 33 U.S.C. 1311(a).
The CWA defines ``discharge of a pollutant'' as ``(A) any addition of
any pollutant to navigable waters from any point source and (B) any
addition of any pollutant to the waters of the contiguous zone or the
ocean from any point source other than a vessel or other floating
craft.'' 33 U.S.C. 1362(12). A ``point source'' is any ``discernible,
confined and discrete conveyance'' but does not include ``agricultural
stormwater discharges and return flows from irrigated agriculture.''
1362(14). The term ``pollutant'' includes among other things ``garbage
. . . chemical wastes, biological materials . . . and industrial,
municipal, and agricultural waste discharged into water.'' 33 U.S.C.
1362(6).
A person may discharge a pollutant without violating the Section
301 prohibition by obtaining authorization to discharge (referred to
herein as ``coverage'') under a Section 402 NPDES permit (33 U.S.C.
1342). Under Section 402(a), EPA may ``issue a permit for the discharge
of any pollutant, or combination of pollutants, notwithstanding Section
1311(a)'' upon meeting certain conditions required by the Act.
EPA issued the first Pesticide General Permit (``2011 PGP'') on
October 31, 2011, in response to the United States Sixth Circuit Court
of Appeals ruling vacating EPA's 2006 Final Rule on Aquatic Pesticides.
National Cotton Council of America. v. EPA, 553 F.3d 927 (6th Cir.
2009). EPA developed the PGP to control point source discharges of
biological pesticides and chemical pesticides that leave a residue into
waters of the United States. The PGP provides coverage for certain
point source discharges of pollutants to waters of the United States in
areas where EPA is the permitting authority. In 2016, EPA issued the
second PGP (``2016 PGP'') and, in 2021, issued the third PGP (``2021
PGP''). In October 2021, the Center for Biological Diversity filed a
petition in the U.S. Court of Appeals for the Ninth Circuit challenging
EPA's issuance of the 2021 PGP. The petition alleged that EPA failed to
comply with the CWA in issuing the 2021 PGP, and that EPA and the U.S.
Fish and Wildlife Service (FWS) failed to comply with the Endangered
Species Act (ESA) in issuing the 2021 PGP. A Settlement Agreement in
Center for Biological Diversity v. EPA and FWS, No. 21-71306 (9th Cir.)
was finalized on July 25, 2023. The settlement agreement committed EPA
(1) to initiate formal ESA consultation on the draft 2026 PGP by
February 1, 2024; (2) to propose certain revisions to the monitoring
and recordkeeping provisions for public comment when proposing the
draft 2026 PGP; and (3) to issue the 2026 PGP on or before December 17,
2024.
[[Page 83123]]
III. Scope and Applicability
A. Geographic Coverage
EPA provides permit coverage for classes of point source discharges
of pollutants that occur in areas where EPA is the NPDES permitting
authority. The geographic coverage of the draft 2026 PGP is listed in
Appendix C of the permit.
B. Categories of Pesticide Use-Patterns Covered
The draft 2026 PGP has largely the same requirements and conditions
as the 2021 PGP and regulates the same discharges of pollutants to
waters of the United States from the application of (1) biological
pesticides, and (2) chemical pesticides that leave a residue. The draft
2026 PGP applies to the following same pesticide use patterns:
Mosquito and Other Flying Insect Pest Control
Weed and Algae Pest Control
Animal Pest Control
Forest Canopy Pest Control
The scope of activities encompassed by these pesticide use patterns
is described in greater detail in Part III.1.1 of the Fact Sheet for
the draft 2026 PGP.
C. Summary of the Permit and Changes From the 2021 PGP
Once effective, the final 2026 PGP will replace the 2021 PGP, which
became effective for a five-year term on October 31, 2021 (86 FR
51665), and expires October 31, 2026, at midnight. The draft 2026 PGP
is largely similar to the 2021 PGP, and is structured in the same nine
parts: (1) Coverage Under This Permit, (2) Technology-Based Effluent
Limitations, (3) Water Quality-Based Effluent Limitations, (4)
Monitoring, (5) Pesticide Discharge Management Plan, (6) Corrective
Action, (7) Recordkeeping and Annual Reporting, (8) EPA Contact
Information and Mailing Addresses, and (9) Permit Conditions Applicable
to Specific States (including Territories) and Indian Country.
Additionally, as with the 2021 PGP, the draft 2026 PGP includes nine
appendices with additional conditions and guidance for permittees: (A)
Definitions, Abbreviations, and Acronyms, (B) Standard Permit
Conditions, (C) Areas Covered, (D) Notice of Intent (NOI) form, (E)
Notice of Termination (NOT) form, (F) Pesticide Discharge Evaluation
Worksheet (PDEW), (G) Annual Reporting Template, (H) Adverse Incident
Report Template, and (I) Endangered Species Procedures.
The following is a summary of the draft 2026 PGP's proposed
requirements:
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.
Certain Decision-makers are required also to submit an NOI
to obtain authorization to discharge and to implement pest management
options to reduce the discharge of pesticides to waters of the United
States. These Decision-makers are: agencies for which pest management
for land resource stewardship is an integral part of the organization's
operations; entities with a specific responsibility to control pests
(e.g., mosquito and weed control districts); local governments or other
entities that apply pesticides in excess of specified annual treatment
area thresholds; and entities that discharge pesticides to Tier 3
waters (Outstanding National Resource Waters, 40 CFR 131.12(a)(3)) or
to waters of the United States containing Fish and Wildlife Service
(FWS) Listed Resources of Concern and/or National Marine Fisheries
Service (NMFS) Listed Resources of Concern.
Within this group, certain large Decision-makers (any (1)
public entity that serves a population greater than 10,000 or (2)
private enterprise that exceeds the Small Business Administration size
standard as identified in 13 CFR 121.201) must also develop a Pesticide
Discharge Management Plan (PDMP), submit annual reports, and maintain
detailed records. Whereas certain small Decision-makers (any (1) public
entity that serves a population of 10,000 or less or (2) private
enterprise that does not exceed the Small Business Administration size
standard as identified in 13 CFR 121.201) are required to complete a
pesticide discharge evaluation worksheet for each pesticide application
(in lieu of the more comprehensive PDMP), an annual report, and
detailed recordkeeping.
Deadlines for submittal of an NOI to be covered, if
required, are provided in Part 1.2.3, Table 1-2, of the draft 2026 PGP.
EPA encourages the public to review and comment on all aspects and
provisions in the draft 2026 PGP. The draft 2026 PGP is largely similar
to the 2021 PGP but includes the changes listed below. See Part III of
the draft 2026 PGP fact sheet for further discussion.
(1) Adds Part 4.3, Documentation of Visual Monitoring, to reiterate
the requirement to record visual monitoring as required under the
Recordkeeping portions of the permit Parts 7.2, 7.3, and 7.4;
(2) Adds Part 4.4, Additional Monitoring, to emphasize additional
monitoring could be required by EPA to ensure compliance with PGP;
(3) Requires Decision-makers to submit Pesticide Discharge
Management Plan (PDMP) with NOI submission (Part 5);
(4) Updates PDMP contents to include visual monitoring procedures
(Part 5);
(5) Adds that if visual monitoring was performed, the record must
include the date, time, and location (Part 7);
(6) Requires Decision-makers to submit visual monitoring records
with an Annual Report (Part 7);
(7) Adds a field for NAICS Code on the Notice of Intent form
(Appendix D);
(8) Adds a field for latitude and longitude of the Pest Management
Area on the Notice of Intent form (Appendix D);
(9) Adds the terms ``Fish and Wildlife Service Listed Resources of
Concern'' and ``Lands of Exclusive Federal Jurisdiction'' to Appendix
A, Definitions and Acronyms;
(10) Updates Appendix C, Areas Covered, to add permit numbers for
other areas of Indian Country and Lands of Exclusive Federal
Jurisdiction.
(11) Adds the term, ``Fish and Wildlife Service (FWS) Listed
Resources of Concern'' where the permit already includes the term,
``National Marine Fisheries Service (NMFS) Listed Resources of
Concern'' to reflect proposed permit changes to address
[[Page 83124]]
listed species and designated critical habitats under the jurisdiction
of FWS;
(12) Notes in Part 1.1.2.4 that aerial image of the pest management
area(s) may not be needed if EPA's geospatial mapping tool is available
to provide supporting documentation when selecting ESA eligibility
Criterion A;
(13) Directs Decision-makers who are required to submit an NOI to
include activities resulting in a discharge to waters of the United
States containing FWS Listed Resources of Concern on the NOI (Part
1.2.2), and updates the NOI form to reflect this change (Appendix D);
(14) Updates Appendix I, Endangered Species Procedures, to clarify
the procedures with a worksheet format to guide Operators through the
ESA eligibility criteria.
IV. Cost Impacts of the Draft 2026 PGP
Based on the cost analyses performed for EPA's previously issued
PGPs, EPA expects the costs that covered entities, including small
businesses, will bear to comply with this permit will be minimal. Since
the draft 2026 PGP is largely similar to the 2021 PGP, EPA projects
that the proposed changes will have minimal incremental cost impacts on
regulated entities. Copies of EPA's economic analyses and cost impact
analyses for EPA's previously issued PGPs are available in the docket
for this permit. See Appendix D of the draft 2026 PGP Fact Sheet for
further discussion of the potential incremental costs of the draft 2026
PGP.
V. Statutory and Executive Orders Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review
The draft 2026 PGP is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
EPA believes that the human health and environmental conditions
that exist prior to this action is not likely to result in
disproportionate and adverse effects on communities with EJ concerns.
As part of the general permit development process, EPA reviews
available information to evaluate whether issuance of a permit could
affect overburdened communities. The information supporting this
Executive Order review is contained in Appendix E of the draft 2026 PGP
Fact Sheet.
C. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. It will neither impose substantial direct
compliance costs on federally recognized tribal governments, nor
preempt tribal law. EPA directly implements the NPDES Program,
including the 2026 PGP when it is finalized, in Indian Country;
therefore, in compliance with EPA Policy on Consultation and
Coordination with Indian Tribes, EPA consulted with tribal officials
early in the process to provide tribes an opportunity to have
meaningful and timely input into the renewal of the PGP. To gain an
understanding of, and where necessary, to address tribal implications
of the draft 2026 PGP, EPA conducted the following activities:
August 22, 2023--EPA emailed notification letters to
tribal leaders initiating consultation and coordination on the renewal
of the PGP. The initiation letter was also posted on EPA's Tribal
Consultation Opportunities Tracking System (TCOTS) at https://tcots.epa.gov/.
September 19 and 21, 2023--EPA held two informational
webinars open to all tribal representatives and reserved the last part
of each webinar for official consultation comments. Eighteen tribal
representatives participated in the webinar. No official comments were
received during the webinar. The presentation was posted on the tribal
portal website at https://tcots.epa.gov.
EPA received one comment from tribes and tribal organizations
during the consultation and coordination period. Records of the tribal
informational webinar and a consultation summary are included in the
docket for this proposed action (Docket ID No. EPA-HQ-OW-2023-0268).
EPA has considered the comment received in the proposal. The Agency
specifically solicits additional comment on this proposed permit during
the public comment period. EPA also notes that as part of the
finalization of this proposed permit, the Agency will complete the
Clean Water Act section 401 certification procedures with all
authorized tribes where this permit will apply.
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
David W. Cash,
Regional Administrator, EPA Region 1.
Christine Ash,
Acting Director, Water Division, EPA Region 2.
Carmen R. Guerrero-P[eacute]rez,
Director, Caribbean Environmental Protection Division, EPA Region 2.
Catherine Libertz,
Director, Water Division, EPA Region 3.
Christopher Thomas,
Acting Director, Water Division, EPA Region 4.
Tera L. Fong,
Director, Water Division, EPA Region 5.
Dzung Kim Ngo Kidd,
Acting Director, Water Division, EPA Region 6.
Dana Skelley,
Acting Director, Water Division, EPA Region 7.
Darcy O'Connor,
Director, Water Division, EPA Region 8.
Tom[aacute]s Torres,
Director, Water Division, EPA Region 9.
Michael J. Szerlog,
Acting Director, Water Division, EPA Region 10.
[FR Doc. 2023-26146 Filed 11-27-23; 8:45 am]
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