[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Notices]
[Pages 4070-4074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00834]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2020-0005; FRL-10018-41-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.

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SUMMARY: All ten Environmental Protection Agency (EPA) Regions are 
proposing for public comment the draft 2021 National Pollutant 
Discharge Elimination System (NPDES) pesticide general permit (PGP)--
the draft 2021 PGP. The draft 2021 PGP covers point source discharges 
from the application of pesticides to waters of the United States. Once 
finalized, the draft 2021 PGP will replace the existing permit, the 
2016 PGP, which was issued for a five-year term in the Federal Register 
on October 31, 2016, and expires October 31, 2021, at midnight. The 
draft 2021 PGP has the same conditions and requirements as the 2016 PGP 
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 2021 PGP. This Federal Register document describes 
the draft 2021 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 understand the draft 2021 PGP better.

DATES: Comments on the draft 2021 PGP must be received on or before 
March 16, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2020-0005, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions received must include the Docket ID 
No. EPA-HQ-OW-2020-0005. 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, see the ``Public Participation'' heading of the 
SUPPLEMENTARY INFORMATION section of this document. Out of an abundance 
of caution for members of the public and our staff, EPA Docket Center 
and Reading Room are closed to the public with limited exceptions, to 
reduce the risk of transmitting COVID-19. Our Docket Center staff will 
continue to provide remote customer service via email, phone, and 
webform. We encourage the public to submit comments via https://www.regulations.gov or email, as there may be a delay in processing 
mail and faxes. Hand deliveries and couriers may be received by 
scheduled appointment only. For further information on EPA Docket 
Center services and the current status, please visit us online at 
https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: EPA Regional Office listed in Section 
I.D. of this document, or you can send an email to <a href="/cdn-cgi/l/email-protection#34445344745144551a535b42"><span class="__cf_email__" data-cfemail="c8b8afb888adb8a9e6afa7be">[email protected]</span></a>. You may 
also contact Chelsea Durant, EPA Headquarters, Office of Water, Office 
of Wastewater Management at tel.: 202-564-2290 or email: 
<a href="/cdn-cgi/l/email-protection#7b1f0e091a150f5518131e17081e1a3b1e0b1a551c140d"><span class="__cf_email__" data-cfemail="6b0f1e190a051f4508030e07180e0a2b0e1b0a450c041d">[email protected]</span></a>. Electronic versions of the draft 2021 PGP and 
Fact Sheet are also available on

[[Page 4071]]

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 2021 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 2016 PGP
IV. Cost Impacts of the Draft 2021 PGP
V. Executive Orders 12866 and 13563
VI. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

I. General Information

A. Does this action apply to me?

    You may be affected by this action if you apply pesticides under 
the use patterns in 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 2021 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).                                    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.
                                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. Public Participation

1. Written Comments
    Submit your comments, identified by Docket ID No. EPA-HQ-OW-2020-
0005, at https://www.regulations.gov. 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) 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). 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://www.epa.gov/dockets/commenting-epa-dockets.

[[Page 4072]]

    EPA is temporarily suspending its Docket Center and Reading Room 
for public visitors, with limited exceptions, to reduce the risk of 
transmitting COVID-19. Our Docket Center staff will continue to provide 
remote customer service via email, phone, and webform. We encourage the 
public to submit comments via https://www.regulations.gov as there may 
be a delay in processing mail and faxes. Hand deliveries or couriers 
will be received by scheduled appointment only. For further information 
and updates on EPA Docket Center services, please visit us online at 
https://www.epa.gov/dockets.
    EPA continues to monitor information carefully and continuously 
from the Centers for Disease Control and Prevention (CDC), local area 
health departments, and our Federal partners so that we can respond 
rapidly as conditions change regarding COVID-19.
2. Will public hearings be held on this action?
    EPA has not scheduled any public hearings to receive public comment 
concerning the draft 2021 PGP. However, interested persons may request 
a public hearing concerning the draft 2021 PGP pursuant to 40 CFR 
124.12. Requests for a public hearing must be sent or delivered in 
writing to the same email address (<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="38687f68785d4859165f574e">[email protected]</a>) 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 2021 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 2021 PGP at any such public hearing.
    To facilitate robust opportunities for public participation in the 
permitting process during any interruptions caused by COVID-19, EPA 
intends to utilize and encourages the use of electronic and telephonic 
means of communication to the maximum extent possible under the law. 
EPA will issue public notices and solicit comments on permit actions 
via on-line tools and/or email. If public hearings are requested, EPA 
will seek to conduct those hearings utilizing remote capabilities via 
telephone and the internet.

C. Finalizing the Draft 2021 PGP

    EPA intends to issue a final 2021 PGP on or prior to October 31, 
2021 (the expiration date of the 2016 PGP). The final 2021 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 2021 PGP. EPA will include its response to significant comments 
received in the docket as part of the final permit decision. Once the 
final 2021 PGP becomes effective, eligible Operators may seek 
authorization under the new PGP as outlined in the permit. To ensure 
uninterrupted permit coverage from the 2016 PGP to the 2021 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 (no later than 10 or 30 days before 
discharge). See Part 1.2.4 of the draft 2021 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 <a href="/cdn-cgi/l/email-protection#a7d7c6d7c6c3c8d7c8d2cbc8d489c0c2c8d5c0c2e7c2d7c689c0c8d1"><span class="__cf_email__" data-cfemail="8afaebfaebeee5fae5ffe6e5f9a4edefe5f8edefcaeffaeba4ede5fc">[email protected]</span></a>.
    For EPA Region 2, contact Stephen Venezia at tel.: (212) 637-3856; 
or email at <a href="/cdn-cgi/l/email-protection#4036252e253a29216e3334253028252e002530216e272f36"><span class="__cf_email__" data-cfemail="c4b2a1aaa1beada5eab7b0a1b4aca1aa84a1b4a5eaa3abb2">[email protected]</span></a>.
    For Puerto Rico, contact Sergio Bosques at tel.: (787) 977-5838 or 
<a href="/cdn-cgi/l/email-protection#b0d2dfc3c1c5d5c39ec3d5c2d7d9dff0d5c0d19ed7dfc6"><span class="__cf_email__" data-cfemail="2d4f425e5c58485e035e485f4a44426d485d4c034a425b">[email protected]</span></a>.
    For EPA Region 3, contact Carissa Moncavage at tel.: (215) 814-
5798; or email at <a href="/cdn-cgi/l/email-protection#523f3d3c3133243335377c3133203b212133123722337c353d24"><span class="__cf_email__" data-cfemail="24494b4a4745524543410a4745564d575745644154450a434b52">[email protected]</span></a>.
    For EPA Region 4, contact Sam Sampath at tel.: (404) 562-9229; or 
email at <a href="/cdn-cgi/l/email-protection#a4d7c5c9d4c5d0cc8ad7c5c9e4c1d4c58ac3cbd2"><span class="__cf_email__" data-cfemail="d4a7b5b9a4b5a0bcfaa7b5b994b1a4b5fab3bba2">[email protected]</span></a>.
    For EPA Region 5, contact John Colletti at tel.: (312) 886-6106; or 
email at <a href="/cdn-cgi/l/email-protection#e4878b88888190908dca8e8b8c8aa4819485ca838b92"><span class="__cf_email__" data-cfemail="14777b78787160607d3a7e7b7c7a547164753a737b62">[email protected]</span></a>.
    For EPA Region 6, contact William F. Cooper at tel.: (214) 665-6443 
or email at <a href="/cdn-cgi/l/email-protection#bfdcd0d0cfdacd91c8d6d3d3d6ded2d9ffdacfde91d8d0c9"><span class="__cf_email__" data-cfemail="1675797966736438617f7a7a7f777b705673667738717960">[email protected]</span></a>.
    For EPA Region 7, contact Alex Owutaka at tel.: (913) 551-7584 or 
email at: <a href="/cdn-cgi/l/email-protection#f29d858786939993dc939e978ab2978293dc959d84"><span class="__cf_email__" data-cfemail="8ce3fbf9f8ede7eda2ede0e9f4cce9fceda2ebe3fa">[email protected]</span></a>.
    For EPA Region 8, contact Amy Clark at tel.: (303) 312-7014 or 
email at: <a href="/cdn-cgi/l/email-protection#66050a07140d48070b1f2603160748010910"><span class="__cf_email__" data-cfemail="fc9f909d8e97d29d9185bc998c9dd29b938a">[email protected]</span></a>.
    For EPA Region 9, contact Pascal Mues at tel.: (415) 972-3768 or 
email at: <a href="/cdn-cgi/l/email-protection#f9948c9c8ad789988a9a9895b99c8998d79e968f"><span class="__cf_email__" data-cfemail="ec8199899fc29c8d9f8f8d80ac899c8dc28b839a">[email protected]</span></a>.
    For EPA Region 10, contact Bilin Basu at tel.: (206) 553-0029 or 
email at: <a href="/cdn-cgi/l/email-protection#563437252378343f3a3f381633263778313920"><span class="__cf_email__" data-cfemail="4b292a383e6529222722250b2e3b2a652c243d">[email protected]</span></a>.

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 
and (B) any addition of any pollutant to the waters of the contiguous 
zone or the ocean from any point source other than a vessel or other 
floating craft.'' 33 U.S.C. 1362(12). A ``point source'' is any 
``discernible, confined and discrete conveyance'' but does not include 
``agricultural stormwater discharges and return flows from irrigated 
agriculture.'' 33 U.S.C. 1362(14).
    The term ``pollutant'' includes among other things ``garbage . . . 
chemical wastes, biological materials . . . and industrial, municipal, 
and agricultural waste discharged into water.'' 33 U.S.C. 1362(6).
    A person may discharge a pollutant without violating the Section 
301 prohibition by obtaining authorization to discharge (referred to 
herein as ``coverage'') under a Section 402 NPDES permit (33 U.S.C. 
1342). Under Section 402(a), 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 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 NPDES permitting authority. In 2016, EPA issued 
the second PGP (``2016 PGP''). The 2016 PGP will expire at midnight on 
October 31, 2021.

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 2021 PGP is listed in 
Appendix C of the draft permit.

B. Categories of Pesticide Use-Patterns Covered

    The draft 2021 PGP has the same requirements and conditions as 
EPA's 2016 PGP and regulates the same discharges of pollutants to 
waters of the United States from the application of (1)

[[Page 4073]]

biological pesticides, and (2) chemical pesticides that leave a 
residue. The draft 2021 PGP applies to the following same pesticide use 
patterns:
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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 draft 2021 PGP.

C. Summary of the Permit and Changes From the 2016 PGP

    Once issued, the final 2021 PGP will replace the 2016 PGP, which 
was issued for a five-year term in the Federal Register on October 31, 
2016 (81 FR 75816), and expires October 31, 2021, at midnight. The 
draft 2021 PGP is similar to the 2016 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 2016 PGP, the draft 2021 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 2021 PGP's proposed 
requirements:
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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 (Outstanding National Resource Waters, 40 
CFR 131.12(a)(3)) or to waters of the United States containing National 
Marine Fisheries Service (NMFS) Listed Resources of Concern] 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. 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. 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.
    <bullet> Deadlines for submittal of a Notice of Intent to be 
covered, if required, are provided in Part 1.2.3, Table 1-2, of the 
draft 2021 PGP.
    EPA encourages the public to review and comment on all aspects and 
provisions in the draft 2021 PGP. The draft 2021 PGP is similar to the 
2016 PGP but includes minor changes which are listed below. See the 
Fact Sheet accompanying the draft 2021 PGP for further discussion.
    (1) Removes the out of date NOI provision that provided automatic 
coverage for all Operators until January 12, 2017.
    (2) Replaces the requirement to use EPA's eNOI system with EPA's 
NPDES eReporting Tool (NeT) when preparing and submitting NOIs, NOTs, 
and annual reports.
    (3) Updates Appendix A, Definitions, Abbreviations, and Acronyms to 
include the terms ``Pesticide discharges to waters of the United States 
from pesticide application'' and ``pesticide residue,'' as defined in 
40 CFR 122.2.
    (4) Modifies Appendix B, Standard Permit Conditions, to ensure 
consistency with 40 CFR 122.41.
    (5) Updates Appendix C, Areas Covered, to add Indian Country within 
Virginia and Indian Country within Indiana, and to remove the State of 
Idaho.

IV. Cost Impacts of the Draft 2021 PGP

    Based on the cost analyses performed for the 2011 PGP and 2016 PGP, 
EPA expects the costs that covered entities, including small 
businesses, will bear to comply with this permit will be minimal. Since 
the draft 2021 PGP is similar to the 2016 PGP, EPA projects that the 
draft 2021 PGP will have no incremental cost impacts on regulated 
entities. Copies of EPA's cost impact analyses for the 2011 PGP and 
2016 PGP are available in the docket for this permit. See the Fact 
Sheet accompanying this draft permit for further discussion.

V. Executive Orders 12866 and 13563

    The draft 2021 PGP is not a significant regulatory action and was 
therefore not

[[Page 4074]]

submitted to the Office of Management and Budget (OMB) for review.

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

    This action does not have tribal implications as specified in E.O. 
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 2021 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 permit tribes 
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 2021 PGP, EPA conducted the following 
activities:
    <bullet> May 8, 2020--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/.
    <bullet> June 9, 2020--EPA held an informational webinar open to 
all tribal representatives and reserved the last part of the webinar 
for official consultation comments. Fourteen tribal representatives 
participated in the webinar. No official comments were received during 
the webinar. The presentation was posted on the tribal portal website 
at http://tcots.epa.gov.
    EPA received no comments from tribes and tribal organizations 
during the formal consultation 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-2020-0005).

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

    Dated: December 14, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.

    Dated: December 14, 2020.
Javier Laureano,
Director, Water Division, EPA Region 2.

    Dated: December 14, 2020.
Carmen R. Guerrero-P[eacute]rez,
Director, Caribbean Environmental Protection Division, EPA Region 2 
Caribbean Office.

    Dated: December 14, 2020.
Catherine A. Libertz,
Director, Water Division, EPA Region 3.

    Dated: December 14, 2020.
Jeaneanne M. Gettle,
Director, Water Division, EPA Region 4.

    Dated: December 14, 2020.
Tera L. Fong,
Director, Water Division, EPA Region 5.

    Dated: December 14, 2020.
Charles W. Maguire,
Director, Water Division, EPA Region 6.

    Dated: December 14, 2020.
Jeffery Robichaud,
Director, Water Division, EPA Region 7.

    Dated: December 14, 2020.
Judy Bloom,
Manager, Clean Water Branch, EPA Region 8.

    Dated: December 14, 2020.
Tom[aacute]s Torres,
Director, Water Division, EPA Region 9.

    Dated: December 14, 2020.
Daniel D. Opalski,
Director, Water Division, EPA Region 10.
[FR Doc. 2021-00834 Filed 1-14-21; 8:45 am]
BILLING CODE 6560-50-P


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