Draft Guidance for Future National Pollutant Discharge Elimination System (NPDES) Permitting of Combined Sewer Systems, 12837-12838 [2024-03398]
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[FR Doc. 2024–03364 Filed 2–16–24; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:54 Feb 16, 2024
Jkt 262001
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2023–0475; FRL 10889–01–
OW]
Draft Guidance for Future National
Pollutant Discharge Elimination
System (NPDES) Permitting of
Combined Sewer Systems
Environmental Protection
Agency (EPA).
ACTION: Notice; request for comment.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is seeking
comment on this draft Guidance to
clarify and inform future National
Pollutant Discharge Elimination System
(NPDES) permitting actions for
communities with combined sewer
systems. This draft Guidance highlights
the available approaches for permitting
combined sewer overflow (CSO)
communities nearing completion of the
projects and activities identified in their
Long-Term Control Plan (LTCP). The
draft Guidance summarizes options
under the Clean Water Act (CWA) that
are articulated in the 1994 Combined
Sewer Overflow Control Policy and the
option to use the EPA’s 2012 Integrated
Planning Framework to look holistically
at future investments in controlling
wastewater and stormwater discharges
and improving water quality.
DATES: Comments must be received on
or before March 21, 2024.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–HQ–
OW–2023–0475, by any of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov (our
preferred method). Follow the online
instructions for submitting comments.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
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. for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on sending
comments, see the ‘‘Public
Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
SUMMARY:
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
12837
FOR FURTHER INFORMATION CONTACT:
Kathryn Kazior, Office of Wastewater
Management, Water Permits Division
(MC4203M), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone
number: (202) 564–2696; email address:
kazior.kathryn@epa.gov.
SUPPLEMENTARY INFORMATION:
Supporting Documentation. The docket
contains supporting materials that were
referenced in the development of this
Guidance.
I. Executive Summary
The Combined Sewer Overflow (CSO)
Control Policy (CSO Policy) was issued
in 1994 and incorporated into the Clean
Water Act (CWA) in 2000.1 Since its
issuance, communities with combined
sewer systems nationwide have made
substantial progress toward the goals
established in the CSO Policy. During
this same time, many factors that
influence how communities address
CSOs have evolved. Recognizing these
ongoing changes and to aid
communities addressing multiple
municipal CWA requirements, in 2012,
the EPA developed an Integrated
Planning Framework that clarifies CWA
flexibilities and offers a voluntary
opportunity for a municipality to
prioritize and sequence, where
appropriate, those infrastructure
projects that provide the greatest or
fastest environmental and public health
benefits. Integrated planning was added
to the CWA in 2019.2 The EPA is issuing
this draft Guidance to clarify and inform
future National Pollutant Discharge
Elimination System (NPDES) permitting
actions for communities with CSOs.
This draft Guidance would be
applicable to permitting actions once
the CSO permittee has completed
construction of CSO controls and
demonstrated that they are achieving
the performance objectives outlined in
their Long-Term Control Plan (LTCP).
The draft Guidance is intended to
1 In the Wet Weather Water Quality Act of 2000,
Congress added section 402(q) to the CWA to
provide that each permit, order, or decree issued
after December 21, 2000, for a discharge from a
municipal combined storm and sanitary sewer shall
conform to the 1994 Combined Sewer Overflow
Control Policy (33 U.S.C. 1342(q)(1)).
2 In the Water Infrastructure Improvement Act
(H.R. 7279), Congress added section 402(s) to the
CWA that defines an Integrated Plan as one
developed in accordance with the 2012 Integrated
Municipal Stormwater and Wastewater Planning
Approach Framework; and requires the EPA to
inform municipalities of the opportunity to develop
an Integrated Plan that may inform permit terms
and conditions to help meet their existing CWA
obligations (33 U.S.C. 1342(s)). These amendments
clarified that municipalities may develop an
Integrated Plan as defined under the CWA and the
permitting authority may develop NPDES permit
terms and conditions informed by that plan.
E:\FR\FM\20FEN1.SGM
20FEN1
12838
Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Notices
clarify the options available for CSO
communities when they are nearing
completion of the projects and activities
identified in their LTCPs and inform
future permitting actions consistent
with the CSO Policy, and the CWA. In
addition, the draft Guidance provides
recommendations for permitting
authorities on how to develop future
CSO permits in more transparent,
equitable, and resilient ways.
II. Public Participation
The EPA requests public comment on
the draft Guidance.
B. Written Comments
Submit your comments, identified by
Docket ID No. EPA–HQ–OW–2023–
0475, 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. The EPA may publish any
comment received to its public docket.
Do not submit to the 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. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). Please visit
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.
III. General Information
ddrumheller on DSK120RN23PROD with NOTICES1
What action is the EPA taking?
The agency is requesting comments
on this draft Guidance to clarify and
inform future NPDES permitting actions
for communities with CSOs. Visit the
EPA website at: https://www.epa.gov/
npdes/combined-sewer-overflowcontrol-policy for a copy of the draft
Guidance. The draft Guidance will also
be available at: https://
16:54 Feb 16, 2024
Jkt 262001
Radhika Fox,
Assistant Administrator, Office of Water.
[FR Doc. 2024–03398 Filed 2–16–24; 8:45 am]
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[FR Doc. 2024–03459 Filed 2–15–24; 11:15 am]
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PO 00000
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[FR Doc. 2024–03544 Filed 2–15–24; 4:15 pm]
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TIME AND DATE:
A. Request for Public Comments
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EPA–HQ–OW–2023–0475.
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The notificants listed below have
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E:\FR\FM\20FEN1.SGM
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[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
[Notices]
[Pages 12837-12838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03398]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2023-0475; FRL 10889-01-OW]
Draft Guidance for Future National Pollutant Discharge
Elimination System (NPDES) Permitting of Combined Sewer Systems
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency (EPA) is seeking
comment on this draft Guidance to clarify and inform future National
Pollutant Discharge Elimination System (NPDES) permitting actions for
communities with combined sewer systems. This draft Guidance highlights
the available approaches for permitting combined sewer overflow (CSO)
communities nearing completion of the projects and activities
identified in their Long-Term Control Plan (LTCP). The draft Guidance
summarizes options under the Clean Water Act (CWA) that are articulated
in the 1994 Combined Sewer Overflow Control Policy and the option to
use the EPA's 2012 Integrated Planning Framework to look holistically
at future investments in controlling wastewater and stormwater
discharges and improving water quality.
DATES: Comments must be received on or before March 21, 2024.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2023-0475, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, 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. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov, including any personal information
provided. For detailed instructions on sending comments, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: Kathryn Kazior, Office of Wastewater
Management, Water Permits Division (MC4203M), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
number: (202) 564-2696; email address: [email protected].
SUPPLEMENTARY INFORMATION: Supporting Documentation. The docket
contains supporting materials that were referenced in the development
of this Guidance.
I. Executive Summary
The Combined Sewer Overflow (CSO) Control Policy (CSO Policy) was
issued in 1994 and incorporated into the Clean Water Act (CWA) in
2000.\1\ Since its issuance, communities with combined sewer systems
nationwide have made substantial progress toward the goals established
in the CSO Policy. During this same time, many factors that influence
how communities address CSOs have evolved. Recognizing these ongoing
changes and to aid communities addressing multiple municipal CWA
requirements, in 2012, the EPA developed an Integrated Planning
Framework that clarifies CWA flexibilities and offers a voluntary
opportunity for a municipality to prioritize and sequence, where
appropriate, those infrastructure projects that provide the greatest or
fastest environmental and public health benefits. Integrated planning
was added to the CWA in 2019.\2\ The EPA is issuing this draft Guidance
to clarify and inform future National Pollutant Discharge Elimination
System (NPDES) permitting actions for communities with CSOs. This draft
Guidance would be applicable to permitting actions once the CSO
permittee has completed construction of CSO controls and demonstrated
that they are achieving the performance objectives outlined in their
Long-Term Control Plan (LTCP). The draft Guidance is intended to
[[Page 12838]]
clarify the options available for CSO communities when they are nearing
completion of the projects and activities identified in their LTCPs and
inform future permitting actions consistent with the CSO Policy, and
the CWA. In addition, the draft Guidance provides recommendations for
permitting authorities on how to develop future CSO permits in more
transparent, equitable, and resilient ways.
---------------------------------------------------------------------------
\1\ In the Wet Weather Water Quality Act of 2000, Congress added
section 402(q) to the CWA to provide that each permit, order, or
decree issued after December 21, 2000, for a discharge from a
municipal combined storm and sanitary sewer shall conform to the
1994 Combined Sewer Overflow Control Policy (33 U.S.C. 1342(q)(1)).
\2\ In the Water Infrastructure Improvement Act (H.R. 7279),
Congress added section 402(s) to the CWA that defines an Integrated
Plan as one developed in accordance with the 2012 Integrated
Municipal Stormwater and Wastewater Planning Approach Framework; and
requires the EPA to inform municipalities of the opportunity to
develop an Integrated Plan that may inform permit terms and
conditions to help meet their existing CWA obligations (33 U.S.C.
1342(s)). These amendments clarified that municipalities may develop
an Integrated Plan as defined under the CWA and the permitting
authority may develop NPDES permit terms and conditions informed by
that plan.
---------------------------------------------------------------------------
II. Public Participation
A. Request for Public Comments
The EPA requests public comment on the draft Guidance.
B. Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OW-2023-
0475, 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. The EPA may
publish any comment received to its public docket. Do not submit to the
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. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). Please visit 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.
III. General Information
What action is the EPA taking?
The agency is requesting comments on this draft Guidance to clarify
and inform future NPDES permitting actions for communities with CSOs.
Visit the EPA website at: https://www.epa.gov/npdes/combined-sewer-overflow-control-policy for a copy of the draft Guidance. The draft
Guidance will also be available at: https://www.regulations.gov, Docket
ID No. EPA-HQ-OW-2023-0475.
Radhika Fox,
Assistant Administrator, Office of Water.
[FR Doc. 2024-03398 Filed 2-16-24; 8:45 am]
BILLING CODE 6560-50-P