Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Notices 10269 

2,3,5,5-tetramethyl-2-naphthalenyl), 

ethanone, 1-(1,2,3,4,5,6,7,8-octahydro2,3,8,8-tetramethyl-2-naphthalenyl), 

ethanone, 1-(1,2,3,4,6,7,8,8a-octahydro2,3,8,8-tetramethyl-2-naphthalenyl), and 

ethanone, 1-(1,2,3,5,6,7,8,8a-octahydro2,3,8,8-tetramethyl-2-naphthalenyl). The 

associated Chemical Abstracts Service 

Registry Numbers (CASRNs) are 54464– 

59–4, 54464–57–2, 68155–67–9, and 

68155–66–8, respectively. TSCA section 

26(c) provides for EPA to take action on 

a category of chemical substances 

whenever authorized or required by 

TSCA to take action on a chemical 

substance. 15 U.S.C. 2625(c). EPA is 

treating these four CASRNs (54464–59– 

4, 54464–57–2, 68155–67–9, and 68155– 

66–8) as a category of chemical 

substances for purposes of this 

manufacturer-requested risk evaluation. 

B. What are the conditions of use? 

The manufacturer request for a risk 

evaluation of OTNE identifying 

conditions of use of interest to the 

manufacturer is included in docket 

EPA–HQ–OPPT–2020–0738. Subject to 

further analysis and public comment, 

EPA anticipates including activities 

identified in the request as conditions of 

use in the risk evaluation of OTNE. 

EPA has identified additional 

conditions of use pursuant to 40 CFR 

702.37(e)(3), which are also included in 

docket EPA–HQ–OPPT–2020–0738. 

III. Request for Comment 

The docket associated with this 

request contains the manufacturer 

request (excluding information claimed 

as CBI), EPA’s possible additional 

conditions of use as described 40 CFR 

702.37(e)(3), and the basis for these 

possible additions. During the comment 

period, the public may submit 

comments and information relevant to 

the requested risk evaluation; in 

particular, commenters are encouraged 

to identify any information not included 

in the request that the commenters 

believe would be needed to conduct a 

risk evaluation, and to provide any 

other information relevant to EPA’s 

possible additional conditions of use, 

such as information on other conditions 

of use of the chemical substances than 

those included in the request or in 

EPA’s possible additional conditions of 

use. 40 CFR 702.37(e)(4). In addition, at 

any time prior to the end of the 

comment period, the requesting 

manufacturer(s) may supplement the 

original request with any new 

information it receives. 40 CFR 

702.37(e)(5). 

Authority: 15 U.S.C. 2601 et seq. 

Jane Nishida, 

Acting Administrator. 

[FR Doc. 2021–03383 Filed 2–18–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2019–0372; FRL–10019–29– 

OW] 

National Pollutant Discharge 

Elimination System (NPDES) 2021 

Issuance of the Multi-Sector General 

Permit for Stormwater Discharges 

Associated With Industrial Activity 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final permit issuance. 

SUMMARY: All 10 of the Environmental 

Protection Agency’s (EPA) Regions are 

finalizing the 2021 National Pollutant 

Discharge Elimination System (NPDES) 

general permit for stormwater 

discharges associated with industrial 

activity, also referred to as the ‘‘2021 

Multi-Sector General Permit (MSGP)’’ or 

the ‘‘final permit.’’ This final permit 

replaces EPA’s administratively 

continued 2015 MSGP that expired on 

June 3, 2020. EPA is issuing this permit 

for five (5) years to provide permit 

coverage to eligible operators in all areas 

of the country where EPA is the NPDES 

permitting authority, including Idaho 

(until July 1, 2021), Massachusetts, New 

Hampshire, New Mexico, Indian 

country lands, Puerto Rico, the District 

of Columbia, and most U.S. territories 

and protectorates. This Federal Register 

document summarizes the final permit. 

EPA encourages the public to read the 

final permit and accompanying fact 

sheet to better understand the final 

permit. The final permit and fact sheet 

can be found at https://www.epa.gov/ 

npdes/stormwater-dischargesindustrial-activities. 

DATES: The final permit becomes 

effective on March 1, 2021. This 

effective date is necessary to provide 

dischargers with the immediate 

opportunity to comply with Clean Water 

Act (CWA) requirements in light of the 

expiration of the 2015 MSGP on June 3, 

2020. In accordance with 40 CFR part 

23, the 2021 MSGP shall be considered 

issued for the purpose of judicial review 

on March 5, 2021. Under CWA section 

509(b), judicial review of this general 

permit can be requested by filing a 

petition for review in the United States 

Court of Appeals within 120 days after 

the permit is issued. Under CWA 

section 509(b)(2), the requirements in 

this permit may not be challenged later 

in civil or criminal proceedings to 

enforce these requirements. In addition, 

this permit may not be challenged in 

other agency proceedings. Deadlines for 

submittal of a Notice of Intent (NOI) are 

provided in Part 1.3 of the 2021 MSGP. 

The 2021 MSGP also provides 

additional dates for compliance with the 

terms of the permit. 

FOR FURTHER INFORMATION CONTACT: For 

further information on the final permit, 

contact the appropriate EPA Regional 

office listed in Section I.F of this 

document, or Emily Halter, EPA 

Headquarters, Office of Water, Office of 

Wastewater Management (4203M), 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460; telephone number: 202–564– 

3324; email address: halter.emily@

epa.gov. 

SUPPLEMENTARY INFORMATION: This 

section is organized as follows: 

Table of Contents 

I. General Information 

A. Does this action apply to me? 

B. How can I get copies of these documents 

and other related information? 

C. Who are the EPA regional contacts for 

the final permit? 

II. Background of the Industrial Stormwater 

Program 

III. Summary of the 2021 MSGP 

A. 2015 MSGP Litigation and National 

Academies Study 

B. Summary of Significant Final Permit 

Changes From the 2015 MSGP 

C. Summary of Changes From Proposed 

2020 MSGP 

IV. Implementation Assistance 

V. Paperwork Reduction Act (PRA) 

VI. 2021 MSGP Incremental Cost Analysis 

and Future Cost-Benefit Considerations 

VII. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

VIII. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

IX. Executive Order 13175: Consultation and 

Coordination With Indian Tribal 

Governments 

X. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

I. General Information 

A. Does this action apply to me? 

The final permit covers stormwater 

discharges to waters of the United States 

from industrial facilities in the 30 

sectors shown below: 

Sector A—Timber Products. 

Sector B—Paper and Allied Products 

Manufacturing. 

Sector C—Chemical and Allied Products 

Manufacturing. 


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Sector D—Asphalt Paving and Roofing 

Materials Manufactures and Lubricant 

Manufacturers. 

Sector E—Glass, Clay, Cement, Concrete, 

and Gypsum Product Manufacturing. 

Sector F—Primary Metals. 

Sector G—Metal Mining (Ore Mining and 

Dressing). 

Sector H—Coal Mines and Coal MiningRelated Facilities. 

Sector I—Oil and Gas Extraction. 

Sector J—Mineral Mining and Dressing. 

Sector K—Hazardous Waste Treatment 

Storage or Disposal. 

Sector L—Landfills and Land Application 

Sites. 

Sector M—Automobile Salvage Yards. 

Sector N—Scrap Recycling Facilities. 

Sector O—Steam Electric Generating 

Facilities. 

Sector P—Land Transportation. 

Sector Q—Water Transportation. 

Sector R—Ship and Boat Building or 

Repairing Yards. 

Sector S—Air Transportation Facilities. 

Sector T—Treatment Works. 

Sector U—Food and Kindred Products. 

Sector V—Textile Mills, Apparel, and other 

Fabric Products Manufacturing. 

Sector W—Furniture and Fixtures. 

Sector X—Printing and Publishing. 

Sector Y—Rubber, Miscellaneous Plastic 

Products, and Miscellaneous Manufacturing 

Industries. 

Sector Z—Leather Tanning and Finishing. 

Sector AA—Fabricated Metal Products. 

Sector AB—Transportation Equipment, 

Industrial or Commercial Machinery. 

Sector AC—Electronic, Electrical, 

Photographic and Optical Goods. 

Sector AD—Reserved for Facilities Not 

Covered Under Other Sectors and Designated 

by the Director. 

Coverage under the final 2021 MSGP 

is available to operators of eligible 

facilities located in areas where the EPA 

is the CWA section 402 permitting 

authority. A list of eligible areas is 

included in Appendix C of the final 

2021 MSGP. 

B. How can I get copies of these 

documents and other related 

information? 

1. Docket. EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OW–2019–0372. 

Although all documents in the docket 

are listed in an index, some information 

is not publicly available, i.e., 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Publicly available 

docket materials are available 

electronically through 

www.regulations.gov. Out of an 

abundance of caution for members of 

the public and EPA staff, the EPA 

Docket Center and Reading Room are 

currently closed to the public, with 

limited exceptions, to reduce the risk of 

transmitting COVID–19. When the EPA 

Docket Center and Reading Room reopen, publicly available docket 

materials will be available in hard copy 

at the Water Docket in the EPA Docket 

Center, (EPA/DC) EPA West, Room 

3334, 1301 Constitution Ave. NW, 

Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Water 

Docket is (202) 566–2426. 

2. Electronic Access. Electronic 

versions of this final permit and 

accompanying fact sheet are available 

on the EPA’s NPDES website at https:// 

www.epa.gov/npdes/stormwaterdischarges-industrial-activities. 

An electronic version of the public 

docket is available through the EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at https://www.regulations.gov 

to view public comments, access the 

index listing of the contents of the 

official public docket, and to access 

those documents in the public docket 

that are available electronically. For 

additional information about the EPA’s 

public docket, visit the Agency’s Docket 

Center homepage at https://

www.epa.gov/dockets. Although not all 

docket materials may be available 

electronically, you may still access any 

of the publicly available docket 

materials through the Docket Facility 

identified in Section I.B.1. 

C. Who are the EPA regional contacts 

for the final permit? 

For the EPA Region 1, contact David 

Gray at: (617) 918–1577 or gray.davidj@

epa.gov. 

For the EPA Region 2, contact 

Stephen Venezia at: (212) 637–3856 or 

venezia.stephen@epa.gov, or for Puerto 

Rico contact Sergio Bosques at: (787) 

977–5838 or bosques.sergio@epa.gov. 

For the EPA Region 3, contact Carissa 

Moncavage at: (215) 814–5798 or 

moncavage.carissa@epa.gov. 

For the EPA Region 4, contact Mike 

Mitchell at: (404) 562–9303 or 

mitchell.michael@epa.gov. 

For the EPA Region 5, contact Andrea 

Schaller at: 312–886–0746 or 

schaller.andrea@epa.gov. 

For the EPA Region 6, contact Nasim 

Jahan at: (214) 665–7522 or 

jahan.nasim@epa.gov. 

For the EPA Region 7, contact Mark 

Matthews at: (913) 551–7635 or 

matthews.mark@epa.gov. 

For the EPA Region 8, contact Paul 

Garrison at: (303) 312–6016 or 

garrison.paul@epa.gov. 

For the EPA Region 9, contact Eugene 

Bromley at: (415) 972–3510 or 

bromley.eugene@epa.gov. 

For the EPA Region 10, contact 

Margaret McCauley at: (206) 553–1772 

or mccauley.margaret@epa.gov. 

II. Background of the Industrial 

Stormwater Program 

Section 405 of the Water Quality Act 

of 1987 added section 402(p) of the 

CWA, which directed EPA to develop a 

phased approach to regulate stormwater 

discharges under the NPDES program. 

EPA published a final regulation on the 

first phase of this program on November 

16, 1990, establishing permit 

application requirements for 

‘‘stormwater discharges associated with 

industrial activity.’’ See 55 FR 48065. In 

that final regulation, EPA defined the 

term ‘‘stormwater discharge associated 

with industrial activity’’ in a 

comprehensive manner to cover a wide 

variety of facilities. See 40 CFR 

122.26(b)(14). EPA issues the 2021 

MSGP under this statutory and 

regulatory authority. 

III. Summary of the 2021 MSGP 

The 2021 MSGP replaces the 

administratively continued 2015 MSGP, 

which was issued for a five-year term on 

June 4, 2015 and expired on June 3, 

2020 (see 80 FR 34403). EPA proposed 

a new MSGP for a 90-day comment 

period from March 2 to June 1, 2020 (see 

85 FR 12288). Since the new MSGP was 

proposed in 2020, EPA hereinafter refers 

to the proposed permit of the 2021 

MSGP as the ‘‘proposed 2020 MSGP.’’ 

EPA received 195 total comment letters 

and 1865 unique comments on the 

proposed 2020 MSGP. EPA considered 

the comments submitted as part of this 

public process when finalizing 2021 

MSGP. Response to comments are 

discussed in detail in a separate 

document, titled ‘‘2021 MSGP Response 

to Comments,’’ which can be found in 

the docket (Docket ID No. EPA–HQ– 

OW–2019–0372). 

The 2021 MSGP covers stormwater 

discharges from industrial facilities in 

areas where EPA is the NPDES 

permitting authority in EPA Regions 1, 

2, 3, 4, 5, 6, 7, 8, 9 and 10. This permit 

covers facilities in the state of Idaho 

until the transfer of NPDES Permitting 

Authority to Idaho for stormwater 

general permits on July 1, 2021. The 

geographic coverage of this permit is 

listed in Appendix C of the permit. This 

permit authorizes stormwater discharges 

from industrial facilities in 30 sectors, 

as shown in section I.A. of this 

document. 

Like the 2015 MSGP, the 2021 MSGP 

is structured in nine parts: general 


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1Environmental NGOs included Waterkeeper 

Alliance, Apalachicola Riverkeeper, Galveston 

Baykeeper, Raritan Baykeeper, Inc. d/b/a NY/NJ 

Baykeeper, Snake River Waterkeeper, Ecological 

Rights Foundation, Our Children’s Earth 

Foundation, Puget Soundkeeper, Lake Pend Oreille 

Waterkeeper, and Conservation Law Foundation 

(collectively, ‘‘Petitioners’’). 

2 Industry intervenors included the Federal Water 

Quality Coalition and the Federal Storm Water 

Association. 

requirements that apply to all facilities 

(i.e., eligibility requirements, effluent 

limitations, inspection and monitoring 

requirements, Stormwater Pollution 

Prevention Plan (SWPPP) requirements, 

and reporting and recordkeeping 

requirements) (Parts 1–7); industrial 

sector-specific conditions (Part 8); and 

state and tribal-specific requirements 

applicable to facilities located within 

individual states or Indian Country (Part 

9). Additionally, the appendices provide 

the paper forms for the Notice of Intent 

(NOI), the Notice of Termination (NOT), 

the Conditional No Exposure Exclusion 

(also known as the No Exposure 

Certification or NEC), the Discharge 

Monitoring Report (DMR), and the 

Annual Report, as well as step-by-step 

procedures for determining eligibility 

with respect to protecting National 

Historic Preservation Act-protected 

properties and Endangered Species Act 

(ESA)-listed species and critical habitat, 

and for calculating site-specific, 

hardness-dependent benchmarks. 

A. 2015 MSGP Litigation and National 

Academies Study 

After the EPA issued the 2015 MSGP, 

numerous environmental nongovernmental organizations (NGOs) 1

challenged the permit, two industry 

groups 2 intervened, and a Settlement 

Agreement was signed in 2016 with all 

parties. The settlement agreement did 

not affect the 2015 MSGP but stipulated 

several terms and conditions that EPA 

agreed to address in the proposed 2020 

MSGP. One key term from the 

Settlement Agreement stipulated that 

EPA fund a study conducted by the 

National Academies of Sciences, 

Engineering, and Medicine’s National 

Research Council (NRC) on potential 

permit improvements, focused primarily 

on monitoring requirements, for 

consideration in the next MSGP. In the 

Settlement Agreement, EPA agreed that, 

when drafting the proposed 2020 MSGP, 

the Agency would consider the 

recommendations suggested in the 

completed NRC Study. 

The NRC delivered the results of their 

study, Improving the EPA Multi-Sector 

General Permit for Industrial 

Stormwater Discharges, in February 

2019. In Part III of the 2021 MSGP Fact 

Sheet, titled ‘‘The National Research 

Council (NRC) National Academies of 

Sciences (NAS) Industrial Stormwater 

Study,’’ EPA outlines in detail how the 

Agency considered each 

recommendation from the NRC study in 

the proposed permit and which 

proposed requirements informed by the 

NRC study the Agency finalized in the 

2021 MSGP. The NRC study can be 

found at the following website: https:// 

www.nap.edu/catalog/25355/improvingthe-epa-multi-sector-general-permit-forindustrial-stormwater-discharges. 

B. Summary of Significant Final Permit 

Changes From the 2015 MSGP 

The 2021 MSGP includes several new 

or modified requirements from the 2015 

MSGP. 

1. Streamlining of permit. EPA 

streamlined and simplified language 

throughout the final permit to present 

the requirements in a more clear and 

readable manner. Regarding the 

structure of the permit, Part 4 

(Monitoring) was previously Part 6 in 

the 2015 MSGP; Part 5 (Corrective 

Actions and AIM) was previously Part 4 

in the 2015 MSGP; and Part 6 (SWPPP) 

was previously Part 5 in the 2015 

MSGP. Formatting the final permit in 

this new order (Monitoring, followed by 

Corrective Actions and AIM, then 

SWPPP requirements) provides the 

information in a sequential way as the 

latter parts often refer back to 

requirements in previous parts of the 

permit. This new structure should 

enhance understanding of and 

compliance with the permit’s 

requirements. EPA also made a few 

additional edits to improve permit 

readability and clarity. EPA revised the 

wording of many eligibility 

requirements to be an affirmative 

expression of the requirement instead of 

assumed ineligibility unless a condition 

was met. For example, Part 1.1.6.2 reads 

‘‘If you discharge to an ‘impaired water’ 

. . . you must do one of the following:’’. 

In comparison, the 2015 MSGP reads ‘‘If 

you are a new discharger or a new 

source . . . you are ineligible for 

coverage under this permit to discharge 

to an ‘impaired water’ . . . unless you 

do one of the following:’’. EPA also 

numbered permit conditions that were 

previously in bullet form to make it 

easier to follow and reference the permit 

conditions. Finally, the language of the 

final permit was changed from passive 

to active voice where appropriate (e.g., 

‘‘Samples must be collected . . .’’ now 

reads ‘‘You must collect samples . . .’’). 

2. Public sign of permit coverage. The 

2021 MSGP includes a new requirement 

that operators must post a sign of permit 

coverage at a safe, publicly accessible 

location in close proximity to the 

facility. This notice must include basic 

information about the facility (e.g., the 

NPDES ID number), information that 

informs the public on how to request 

the facility’s Stormwater Pollution 

Prevention Plan (SWPPP), and how to 

contact the facility and EPA if 

stormwater pollution is observed in the 

discharge. This requirement will make 

the procedure for requesting a SWPPP 

easily understandable by the public and 

improve transparency of the process to 

report possible violations. Operators are 

not required to post a sign of their 

permit coverage where other laws or 

local ordinances prohibit such signage. 

See Part 1.3.5 of the permit and fact 

sheet. 

3. Consideration of stormwater 

control measure enhancements for 

major storm events. The 2021 MSGP 

requires that operators consider 

implementing enhanced stormwater 

control measures for facilities that could 

be impacted by major storm events, 

such as hurricanes, storm surge, and 

flood events. EPA is not requiring 

operators to implement additional 

controls if the operator determines such 

controls to be unnecessary, but EPA is 

requiring operators to consider the 

benefits of selecting and designing 

control measures that reduce risks to 

their industrial facility and the potential 

impact of pollutants in stormwater 

discharges caused by major storm 

events. See Part 2.1.1 of the permit and 

fact sheet. 

4. Monitoring changes. 

• Indicator monitoring for pH, TSS, 

and COD for subsectors without 

benchmark monitoring. The 2021 MSGP 

includes a new provision that requires 

certain operators to conduct indicator 

analytical monitoring for three 

parameters—pH, Total Suspended 

Solids (TSS), and Chemical Oxygen 

Demand (COD)—quarterly for the 

duration of the permit. This requirement 

applies to all operators in the following 

subsectors that do not have sectorspecific benchmark monitoring 

requirements in the 2021 MSGP: B2, C5, 

D2, E3, F5, I1, J3, L2, N2, O1, P1, R1, 

T1, U3, V1, W1, X1, Y2, Z1, AB1, AC1, 

and AD1. Indicator monitoring is 

‘‘report-only’’ and does not have a 

threshold or baseline value for 

comparison, therefore no follow-up 

action is triggered or required based on 

the sampling results. The requirement 

in Part 2.2.1 that the operator’s 

discharge be controlled as necessary 

such that the receiving water of the 

United States will meet applicable water 

quality standards still applies. These 

three parameters will provide operators 

and EPA with a baseline and 

comparable understanding of industrial 


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stormwater discharge quality, broader 

water quality problems, and stormwater 

control measure effectiveness at these 

facilities. See Part 4.2.1.1.a of the permit 

and fact sheet. 

• Indicator monitoring for polycyclic 

aromatic hydrocarbons (PAHs) for 

certain sectors/activities. The 2021 

MSGP includes a new provision that 

requires certain operators to conduct 

report-only indicator analytical 

monitoring for polycyclic aromatic 

hydrocarbons (PAHs) bi-annually (twice 

per year) during their first and fourth 

years of permit coverage. This 

requirement applies to the following 

operators: Operators in all sectors with 

stormwater discharges from paved 

surfaces that will be sealed or re-sealed 

with coal-tar sealcoat where industrial 

activities are located during coverage 

under this permit; operators in sectors A 

(facilities that manufacture, use, or store 

creosote or creosote-treated wood in 

areas that are exposed to precipitation), 

C (SIC Code 2911), D, F, H, I, M, O, P 

(SIC Codes 4011, 4013, and 5171), Q 

(SIC Code 4493), R, and S. Indicator 

monitoring is ‘‘report-only’’ and does 

not have a threshold or baseline value 

for comparison, therefore no follow-up 

action is triggered or required based on 

the sampling results. The requirement 

in Part 2.2.1 that the operator’s 

discharge be controlled as necessary 

such that the receiving water of the 

United States will meet applicable water 

quality standards still applies. EPA 

determined that the sectors and 

activities listed above are likely to have 

industrial activities with potential 

petroleum hydrocarbon exposure to 

precipitation that could result in the 

discharge of PAHs in stormwater based 

on a review of EPA’s sector-specific fact 

sheets and a detailed literature review 

included in the docket (ID No. EPA– 

HQ–OW–2019–0372). PAH monitoring 

data will provide operators and EPA 

with a baseline and comparable 

understanding of industrial stormwater 

discharge quality with respect to 

discharges of PAHs at these facilities. 

EPA plans to use the indicator 

monitoring data collected to conduct an 

initial quantitative assessment of the 

levels of PAHs in industrial stormwater, 

further identify industrial activities with 

the potential to discharge PAHs in 

stormwater, and inform future 

consideration of PAH benchmark 

monitoring for sectors with the potential 

to discharge PAHs in stormwater. See 

Part 4.2.1.1.b of the permit and fact 

sheet. 

• Updating the benchmark 

monitoring schedule. The 2021 MSGP 

requires that applicable operators 

conduct benchmark monitoring 

quarterly in their first and fourth years 

of permit coverage. EPA reminds 

operators and the public that benchmark 

thresholds are not effluent limitations. 

This permit requires benchmark 

monitoring as gauge of the performance 

of facilities’ stormwater control 

measures. Benchmark monitoring begins 

in the first full quarter of permit 

coverage for four quarters. In the 2015 

MSGP, an operator that did not exceed 

the four-quarter annual average for a 

given parameter in the first four quarters 

of permit coverage could discontinue 

benchmark monitoring for that 

parameter for the remainder of the 

permit. Under the 2021 MSGP, an 

operator that does not exceed the fourquarter annual average for a given 

parameter in the first four quarters of 

permit coverage can now discontinue 

benchmark monitoring for that 

parameter for the next two years (i.e., 

the next eight quarters). Quarterly 

benchmark monitoring then resumes for 

all parameters for another four quarters 

in the fourth year of permit coverage, 

and if the operator does not exceed the 

four-quarter annual average for a given 

parameter, it can discontinue 

benchmark monitoring for that 

parameter for the remainder of their 

permit coverage. If, during either the 

first or fourth year of monitoring, the 

annual average for any parameter 

exceeds the benchmark threshold, the 

operator must comply with Part 5 

(Additional Implementation Measures 

responses and deadlines) and continue 

quarterly benchmark monitoring for four 

quarters until results indicate that 

annual average for the parameter(s) is no 

longer exceeded. Under the new 

schedule, regardless of when the 

operator discontinued monitoring for 

any benchmark parameter, monitoring 

resumes for all parameters for four 

quarters in the fourth year of permit 

coverage, unless the permit has already 

expired. It is possible that an operator 

with continued benchmark exceedances 

in years two and three of permit 

coverage will be required to continue 

monitoring through their second and 

third years of permit coverage. In the 

scenario where the operator receives 

results in their third year of permit 

coverage that the benchmark threshold 

is no longer exceeded, the operator is 

still required to monitor again in their 

fourth year of permit coverage. 

The principle underpinning this 

schedule is that the relief period from 

benchmark monitoring between the first 

and fourth year decreases if benchmark 

exceedances continue and additional 

monitoring is required. During this time, 

operators may also be conducting 

continued benchmark monitoring in 

compliance with AIM for certain 

parameters that have ongoing 

exceedances. The extended benchmark 

monitoring schedule under the 2021 

MSGP will ensure that operators have 

current data on their industrial 

stormwater discharges and stormwater 

control measure effectiveness 

throughout their permit coverage and 

will help identify potential adverse 

effects from modifications in facility 

operations and personnel over time. See 

Part 4.2.2.3 of the permit and fact sheet. 

• Updating benchmark values. EPA 

updated the benchmark monitoring 

thresholds in the 2021 MSGP for 

aluminum, copper for discharges to 

freshwater, selenium for discharges to 

freshwater, and cadmium based on 

revised current CWA section 304(a) 

national recommended aquatic life 

water quality criteria and suspended the 

benchmark monitoring thresholds for 

magnesium and iron based on lack of 

documented acute toxicity. The 2021 

MSGP also allows operators who exceed 

the revised benchmark thresholds for 

discharges to freshwater for aluminum 

and copper to demonstrate to EPA that 

their discharges do not result in an 

exceedance of a facility-specific value 

calculated by the operator using the 

national recommended water quality 

criteria multi-variable models in-lieu of 

the applicable 2021 MSGP benchmark 

threshold. See Parts 4.2.2 and 8 of the 

permit and fact sheet. 

EPA also received some comments 

related to developing wet-weather 

criteria. At this time, EPA does not plan 

to develop wet-weather criteria as the 

Agency believes aquatic life water 

quality criteria are appropriate 

protective values for ambient waters and 

MSGP’s benchmark thresholds. The 

Agency may consider the validity of 

exploring a wet-weather criteria 

approach in the future, however. 

• Additional Implementation 

Measures. The 2021 MSGP includes 

revisions to the Additional 

Implementation Measures (AIM) 

requirements for benchmark monitoring 

exceedances that were included in the 

proposed 2020 MSGP. EPA revised 

these provisions to address concerns 

raised in public comments. Both the 

proposed 2020 MSGP and the final 2021 

MSGP maintain a three-level structure 

of advancement and responses triggered 

by benchmark exceedances and keep 

follow-up actions clear, timely, and 

proportional to exceedance frequency 

and duration. The final 2021 MSGP AIM 

requirements reduce costs and 

complexity from the proposal by 

creating stepwise, sequential 

advancement through the AIM levels 


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with clear ‘‘resetting’’ to baseline status 

if benchmark thresholds and responses 

are met within the required deadlines. 

EPA reminds operators and the public 

that benchmark thresholds are not 

effluent limitations. This permit 

requires benchmark monitoring as a 

gauge of the performance of facilities’ 

stormwater control measures. The other 

corrective action conditions, subsequent 

action deadlines, and documentation 

requirements in Part 5.1 remain the 

same as in the 2015 MSGP. 

In Part 5.2, AIM is triggered by an 

exceedance of a benchmark monitoring 

parameter, which can occur from two 

‘‘triggering events’’: Either an 

exceedance of the four-quarterly annual 

average for a parameter, or from fewer 

than four quarterly samples if a single 

sample or the sum of any sample results 

within the sampling year exceeds the 

benchmark threshold by more than four 

times for a parameter (this result 

indicates that an exceedance of the 

annual average is mathematically 

certain). 

There are three AIM levels in the 2021 

MSGP: AIM Level 1, Level 2, and Level 

3. All operators subject to benchmark 

monitoring requirements begin in 

baseline status at the start of their 

permit coverage. An operator would 

progress linearly through the three AIM 

levels if an exceedance triggering event 

occurs and continues. If an exceedance 

triggering event occurs while in baseline 

status, an operator would enter AIM 

Level 1. If a triggering event occurs 

while in Level 1, an operator proceeds 

to AIM Level 2. If a triggering event 

occurs while in Level 2, an operator 

proceeds to AIM Level 3. The operator 

is required to respond with increasingly 

robust control measures and continued 

benchmark monitoring with each 

subsequent AIM level. The operator is 

‘‘reset’’ to baseline status from any AIM 

level if benchmark thresholds and 

responses are met within the required 

deadlines. 

After an exceedance triggering event 

occurs, an operator must continue 

quarterly monitoring for the 

parameter(s) that caused the AIM 

triggering event at all affected 

stormwater discharge points, until four 

additional quarters of monitoring do not 

result in an exceedance triggering event. 

The deadlines for implementing AIM 

responses remains the same as in the 

proposed permit for Levels 1 and 2 

(within 14 days of receipt of lab results, 

unless infeasible, then within 45 days). 

The deadline for Level 3 has been 

extended to allow time for scheduling 

and completing installation of 

stormwater control measures (identify 

the schedule for installing controls 

within 14 days; install controls within 

60 days, unless infeasible, then within 

90 days). EPA may grant an extension to 

the specified deadlines for AIM Level 2 

and AIM Level 3 based on an 

appropriate demonstration by the 

operator as outlined in Parts 5.2.4.2 

(AIM Level 2 Deadlines) and 5.3.5.2 

(AIM Level 3 Deadlines). 

The following five exceptions to the 

AIM requirements are available for an 

exceedance triggering event at any AIM 

level: (1) Natural background sources, 

(2) run-on, (3) a one-time abnormal 

event, (4) a demonstration that 

discharges of copper and aluminum do 

not result in an exceedance of facilityspecific criteria using the national 

recommended water quality criteria inlieu of the applicable MSGP benchmark 

threshold, and 5) a demonstration that 

the benchmark exceedance does not 

result in any exceedance of an 

applicable water quality standard. AIM 

requirements increase regulatory 

certainty while ensuring that discharges 

are sufficiently controlled to protect 

water quality. See Part 5.2 of the permit 

and fact sheet. 

• Impaired waters monitoring. Under 

the 2021 MSGP, operators discharging 

to impaired waters without an EPAapproved or -established total maximum 

daily load (TMDL) must complete 

annual monitoring for discharges of 

certain pollutants to impaired waters. 

Impaired waters monitoring begins in 

the first year of permit coverage, starting 

in the first full quarter of permit 

coverage. Monitoring is required for one 

year at each discharge point for all 

pollutants for which the waterbody is 

impaired, just as in the 2015 MSGP, 

after which the operator can discontinue 

monitoring for the next two years for 

any pollutant that is not detected. 

Annual monitoring must continue for 

any pollutant that is detected in the 

discharge. Required annual monitoring 

then resumes in the fourth year of 

permit coverage for one year for those 

pollutants that are both causing 

impairments and are associated with the 

industrial activity and/or are a required 

benchmark parameter for the operator’s 

subsector(s), including any pollutant(s) 

for which the operator previously 

discontinued monitoring. After 

monitoring in the fourth year of permit 

coverage is completed, the operator can 

discontinue monitoring for the duration 

of their permit coverage for any 

pollutant that is not detected. Again, 

annual monitoring must continue for 

any pollutant that is detected in the 

stormwater discharge. For waters 

identified as impaired by acidity or 

heat, annual monitoring must continue 

where the measured pH or temperature 

exceeds the range of acceptable values 

assigned to the water consistent with 

applicable water quality standards. The 

extended impaired waters monitoring 

schedule under the 2021 MSGP will 

ensure that operators affirmatively 

determine in their first year of permit 

coverage that a parameter causing an 

impairment is not present at the facility 

before narrowing the list of monitored 

parameters in the fourth year. The 

updated schedule ensures operators 

periodically check on their potential 

contributions to impairments in their 

industrial stormwater discharges 

throughout their permit coverage. See 

Part 4.2.5.1.a of the permit and fact 

sheet. 

C. Summary of Changes From Proposed 

2020 MSGP 

After considering information and 

comments received, the following 

proposed requirements were either not 

finalized or have been modified in the 

2021 MSGP relative to the proposed 

2020 MSGP: 

1. Expanding the permit eligibility 

requirement for discharges to a federal 

CERCLA site beyond EPA Region 10. 

EPA is limiting this eligibility criterion 

to MSGP facilities in EPA Region 10 

states and Indian Country. EPA has 

extensive information that stormwater 

discharges are a source of CERCLA site 

recontamination in Region 10. EPA 

Region 10 has seen both the actual 

recontamination of Superfund Sites 

from stormwater discharge points and 

the potential for recontamination from 

source control information gathered at 

Superfund Sites not yet cleaned up. 

EPA adds in the 2021 MSGP that such 

facilities in Region 10 submit the 

required information to the EPA 

Regional Office in their NOI via the 

NPDES eReporting Tool (NeT) for the 

MSGP, which will be reviewed for 30 

days prior to the standard 30-day review 

period for all NOIs. 

2. Adding an eligibility criterion 

regarding coal-tar sealcoat. EPA is not 

finalizing the eligibility criterion 

regarding coal-tar sealcoat that was 

included in the proposed 2020 MSGP. 

EPA is instead implementing a holistic 

activity-based approach for addressing 

discharges of PAHs in stormwater 

associated with industrial activity. The 

2021 MSGP requires industrial facilities 

to complete ‘‘report-only’’ indicator 

analytical monitoring bi-annually (i.e., 

sample twice per year) during the first 

and fourth year of permit coverage for 

PAHs if the facilities initially seal or reseal coal-tar sealcoat on paved surfaces 

where industrial activities are located, 

as well other specific sectors with 

potential petroleum hydrocarbon 


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exposure to stormwater. The indicator 

monitoring, specified in Part 4.2.1 of the 

2021 MSGP, is ‘‘report-only’’ and does 

not have a threshold or baseline value 

for comparison nor does it trigger 

follow-up actions. This pollutant 

focused approach to evaluating 

activities and sectors that may 

contribute PAHs to stormwater 

discharges will allow the Agency to use 

the indicator monitoring data collected 

to conduct an initial quantitative 

assessment of the levels of PAHs in 

industrial stormwater, further identify 

industrial activities with the potential to 

discharge PAHs in stormwater, and 

inform future consideration of potential 

PAH benchmark monitoring for sectors 

with the potential to discharge PAHs in 

stormwater. 

3. Modifying the permit authorization 

timeframe if a new facility had a 

pending enforcement action. EPA is not 

finalizing the proposed extended 

authorization timeframe that would 

have extended the review period for 

new NOIs for facilities that have a 

pending enforcement action. However, 

EPA updates the NOI form in the 2021 

MSGP to include new questions 

specifically to identify if there is a 

pending enforcement action related to 

stormwater. 

4. Providing an inspection-only option 

in lieu of benchmark monitoring. EPA is 

not finalizing an inspection-only option 

in the 2021 MSGP. EPA acknowledges 

the validity of the NRC Study 

recommendation to provide an 

alternative compliance option for lowrisk facilities; however, the Agency does 

not currently have sufficient 

information or a fully-vetted approach 

to identify which facilities should be 

considered ‘‘low-risk.’’ EPA will 

continue to collect information, 

including the indicator monitoring data 

required in the 2021 MSGP, to support 

future consideration of an inspectiononly option for low-risk facilities. 

5. Requiring universal benchmark 

monitoring for pH, TSS, and COD 

applicable to all sectors. EPA is not 

finalizing universal benchmark 

monitoring for pH, TSS, and COD as 

proposed. Instead, the 2021 MSGP 

includes a new provision that requires 

certain operators to conduct indicator 

analytical monitoring for pH, TSS, and 

COD quarterly for the duration of the 

permit. This ‘‘indicator monitoring’’ 

requirement applies to all operators in 

subsectors that do not have sectorspecific benchmark monitoring 

requirements in the 2021 MSGP. For the 

final permit, indicator monitoring is 

‘‘report-only’’ and does not have a 

threshold or baseline value for 

comparison, therefore no follow-up 

action is triggered or required. 

Requiring sector-specific benchmark 

monitoring for Sector I (Oil and Gas 

Extraction), Sector P (Land 

Transportation and Warehousing), and 

Sector R (Ship and Boat Building and 

Repair Yards). EPA is not finalizing 

benchmark monitoring requirements for 

Sectors I, P, and R as proposed. Upon 

reconsidering the recommendations of 

the NRC regarding ‘‘Sectors Not Subject 

to Benchmark Monitoring’’ and the 

‘‘Need for Periodic Monitoring 

Reviews,’’ EPA now acknowledges that 

the NRC highlighted Sectors I, P, and R 

as ‘‘examples [to] show that monitoring 

requirements within the MSGP are not 

consistently applied’’ and that ‘‘[s]ectorspecific monitoring requirements for all 

sectors should be rigorously reviewed to 

assess whether the monitoring 

requirements are appropriate to ensure 

control of stormwater pollution and 

determine whether benchmark 

monitoring requirements should be 

adjusted.’’ Contrary to the proposed 

2020 MSGP Fact Sheet, which 

incorrectly interpreted the NRC study as 

‘‘recommend[ing] that EPA require 

benchmark monitoring for Sectors I, P, 

and R,’’ EPA now recognizes that the 

NRC did not recommend the Agency 

require benchmarks for these sectors, 

but rather provided them as examples of 

‘‘Sectors Not Subject to Benchmark 

Monitoring’’ and for highlighting the 

‘‘Need for Periodic Monitoring 

Reviews.’’ The NRC notes that these 

examples ‘‘highlight the need for 

updated evaluations of pollutant 

potential and opportunities for pollutant 

reduction through implementation of 

additional SCMs.’’ 

EPA recognizes it misinterpreted the 

actual recommendations of the NRC 

report in this instance, and the Agency 

acknowledges the NRC Study’s 

recommendation for additional sectorspecific data-gathering efforts. EPA 

commits to address the specific 

recommendations of the NRC regarding 

‘‘Sectors Not Subject to Benchmark 

Monitoring’’ and the ‘‘Need for Periodic 

Monitoring Reviews’’ in future 

proposals of the MSGP. At this time, 

EPA is requiring indicator monitoring 

for pH, TSS, and COD for facilities in 

subsectors that do not have sectorspecific benchmark monitoring 

requirements in the 2021 MSGP, which 

includes subsectors I1, P1, and R1. The 

indicator monitoring will provide 

operators and EPA with a baseline and 

comparable understanding of industrial 

stormwater discharge quality, broader 

water quality problems, and stormwater 

control effectiveness at these facilities, 

as recommended by NRC. EPA will use 

the results of the indicator monitoring to 

re-assess the need for additional 

chemical-specific benchmark 

monitoring for the next reissuance of the 

MSGP. 

6. Modifying the method for 

determining natural background 

pollutant contributions from the 2015 

MSGP. In the 2021 MSGP, EPA retains 

the 2015 MSGP no net contribution 

method to applying the natural 

background exception for several 

reasons. The 2015 MSGP method is 

consistent with existing EPA policy 

concerning the establishment of sitespecific water quality criteria based on 

natural background conditions. See 

EPA’s Office of Science and Technology 

memorandum, Establishing Site Specific 

Aquatic Life Criteria Equal to Natural 

Background (November 5, 1997). 

Additionally, the 2015 MSGP response 

to comments stated that ‘‘the CWA does 

not allow EPA or states to set a sitespecific criteria equal to the natural 

background plus an otherwise 

protective level . . . since doing so 

could raise the level of the pollutant in 

the water body that might [be] above the 

natural background, which would not 

be protective of aquatic life, at a 

minimum.’’ See Natural Background 

Exception to Benchmark Monitoring (p. 

5–6) in Response to Public Comments— 

EPA NPDES 2015 Multi-Sector General 

Permit (MSGP), June 4, 2015. Public 

comments also raised a variety of 

concerns to EPA that the proposed 

subtraction method is counter to the 

‘‘solely attributable’’ standard and is not 

appropriate for the MSGP. 

7. Requiring sector-specific fact sheet 

checklists to be used as part of AIM Tier 

2 in Appendix Q. EPA is not finalizing 

Appendix Q in the 2021 MSGP. Instead, 

EPA maintains the existing industrial 

stormwater fact sheet series as guidance. 

In the 2021 MSGP, after AIM Level 2 is 

triggered, the Level 2 response requires 

the operator to generally implement 

additional pollution prevention/good 

housekeeping measures. EPA 

encourages facilities to consult the 

existing MSGP industrial stormwater 

fact sheet series for guidance on 

recommended stormwater control 

measures appropriate to comply with 

AIM Level 2. EPA plans to work with 

external stakeholders to thoroughly 

revise the sector-specific fact sheets. 

IV. Implementation Assistance 

Following issuance of the 2021 

MSGP, EPA plans to provide further 

assistance to industrial operators and 

other interested parties on various 

aspects of this new permit. The 

following activities or documents are 

planned: 


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1. National webcast—EPA will host at 

least one webcast in February 2021 that 

will provide an overview of the 2021 

MSGP and an opportunity for 

participants to ask questions. EPA will 

announce details of all webcasts and 

post webcast recordings on the 

industrial stormwater website at https:// 

www.epa.gov/npdes/stormwaterdischarges-industrial-activities. 

2. Revisions to sector-specific fact 

sheets for PFAS (guidance)—To 

recognize that industrial facilities can 

conduct activities that use, store, 

manufacture, transfer, and/or dispose of 

PFAS-containing materials and in 

alignment with EPA’s ‘‘Interim Strategy 

for Per- and Polyfluoroalkyl Substances 

in Federally Issued National Pollutant 

Discharge Elimination System Permits: 

Recommendations from the PFAS 

NPDES Regional Coordinators 

Committee,’’ EPA revised each of the 

sector-specific fact sheet guidance 

documents to include practices that 

could be used by operators to minimize 

PFAS in stormwater discharges. EPA 

will continue to work with stakeholders 

to further update these sector-specific 

fact sheets with additional emerging 

stormwater control measures that could 

be used by industrial operators. 

3. Other templates and guidance— 

EPA will also update existing forms and 

guidance for developing SWPPPs, 

conducting monitoring, performing 

inspections and visual assessments, and 

provide tutorials and training materials 

for how to submit forms and data to 

EPA via NeT–MSGP. 

4. Benchmark monitoring tracking 

spreadsheet—EPA will also develop a 

spreadsheet that industrial operators 

may use to calculate whether their 

quarterly benchmark monitoring data 

results in an exceedance (AIM triggering 

condition). 

V. Paperwork Reduction Act (PRA) 

The information collection activities 

in this permit have been submitted for 

approval to the Office of Management 

and Budget (OMB) under the PRA. The 

Information Collection Request (ICR) 

document that EPA prepared has been 

assigned EPA ICR number 2612.02, 

OMB Control No. 2040–0300. You can 

find a copy of the ICR in the docket for 

this permit (Docket ID No EPA–HQ– 

OW–2019–0372), and it is briefly 

summarized here. 

CWA section 402 and the NPDES 

regulations require collection of 

information primarily used by 

permitting authorities, permittees 

(operators), and EPA to make NPDES 

permitting decisions. The burden and 

costs associated with the entire NPDES 

program are accounted in an approved 

ICR (EPA ICR number 0229.23, OMB 

control no. 2040–0004). Certain changes 

in this permit require revisions to the 

ICR to reflect changes to the forms and 

other information collection 

requirements. EPA is reflecting the 

paperwork burden and costs associated 

with this permit in a separate ICR 

instead of revising the existing ICR for 

the entire program for administrative 

reasons. 

EPA is collecting new information as 

part of the 2021 MSGP. The NOI form 

was updated from the 2015 MSGP to 

collect new information related to the 

following: Added two questions to 

determine if PAH indicator monitoring 

in Part 4.2.1.1.b should apply; added 

questions for operators in New Mexico 

only (based on CWA section 401 

conditions specific to operators in New 

Mexico in Part 9 of the permit); added 

the SIC code field for co-located 

activities; added an additional option 

for Sector G ore answer selections; 

added an additional option for operators 

to upload/attach their SWPPP (in 

additional to the existing options from 

the 2015 MSGP); for new dischargers 

only, added a question to indicate if the 

facility has a pending enforcement 

action related to industrial stormwater 

by EPA, a state, or a citizen; and added 

questions related to endangered species 

protection criterion determination and 

Criterion C3 form information, historic 

properties determination, new 

dischargers to impaired waters 

eligibility information, and CERCLArelated eligibility information to the NOI 

form in NeT–MSGP in lieu of providing 

information to EPA via email 

communication or in another form to 

streamline or reduce burden. 

EPA made no changes to the Notice of 

Termination (NOT) requirements. For 

the Annual Report form, EPA added the 

requirement to include AIM responses 

for the 2021 MSGP. For the No Exposure 

Certification form, EPA made no 

changes to the information collected, 

but finalized a change of the acronym 

for the No Exposure Certification from 

NOE to NEC. 

For the Discharge Monitoring Report 

(DMR) form, EPA updated the form to 

match the language included in the 

permit as follows: Updated Part 3.d of 

the form to allow operators to indicate 

if monitoring was for indicator 

monitoring; updated Part 3.l of the form 

to match the abnormal event exception; 

added Part 3.n (demonstration that 

discharges of copper do not result in an 

exceedance of facility-specific criteria) 

and Part 3.o (demonstration that 

discharges of aluminum do not result in 

an exceedance of facility-specific 

criteria) to match the permit. 

Respondents/affected entities: 

Industrial facilities in the 30 sectors 

shown in section I.A of this document 

in the areas where EPA is the NPDES 

permitting authority. 

Respondent’s obligation to respond: 

Compliance with the MSGP’s 

information collection and reporting 

requirements is mandatory for MSGP 

operators. 

Estimated number of respondents: 

EPA estimates that approximately 2,508 

operators will receive coverage under 

the 2021 MSGP. 

Frequency of response: Response 

frequencies in the 2021 MSGP vary from 

once per permit term to quarterly. 

Total estimated burden: EPA 

estimates that the information collection 

burden of the 2021 MSGP is 68,460 

hours per year. Burden is defined at 5 

CFR 1320.3(b). 

Total estimated cost: EPA estimates 

that the final information collection cost 

of the 2021 MSGP is $2,461,813 per 

year. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. EPA 

responded to ICR-related comments in 

the final permit. 

VI. 2021 MSGP Incremental Cost 

Analysis and Future Cost-Benefit 

Considerations 

The cost analysis accompanying this 

final permit monetizes and quantifies 

certain incremental cost impacts of the 

final permit changes as compared to the 

2015 MSGP. EPA analyzed each change 

in the 2021 MSGP considering the 

previous permit’s (i.e., the 2015 MSGP) 

requirements. The objective of this cost 

analysis is to show where or to what 

extent the 2021 MSGP requirements 

impose an incremental increase in 

administrative and compliance costs 

(such as sampling and monitoring costs) 

on operators in relation to costs that are 

already accounted for in the 2015 

MSGP. 

More broadly, EPA notes that 

additional unquantified costs and 

benefits result from this action. In 

developing the next MSGP (or another 

NPDES general permit, as appropriate), 

EPA plans to estimate the broader 

impacts arising from these actions, 

including costs and benefits. Estimates 

under consideration may include: (1) 

Assessing how costs and benefits are 

attributed between the MSGP and 

applicable water quality standards 

(including TMDLs) that may be in effect; 

(2) developing a new modeling 


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framework to assess how regulated 

entities understand and implement 

control measures relating to existing and 

new permit obligations; (3) examining 

whether any underlying cost and benefit 

assumptions need to be updated; (4) 

examining more broadly how EPA can 

analyze benefits when developing 

permits; (5) developing more robust 

approaches to assessing uncertainties 

associated with the analytic approaches, 

including how to quantitatively assess 

uncertainties of key assumptions; and 

(6) developing a framework to analyze 

the effect of cooperative federalism. 

EPA expects the incremental cost 

impact on entities that will be covered 

under the 2021 MSGP, including small 

businesses, to be minimal. EPA 

anticipates the incremental 

administrative and compliance cost for 

new or modified permit requirements 

will be $338–$632 per operator per year; 

or $1,690–$3,157 per operator over the 

5-year permit term. A copy of EPA’s 

incremental cost analysis for the final 

permit, titled ‘‘Cost Analysis for the 

Final 2021 Multi-Sector General Permit 

(MSGP),’’ is available in the docket 

(Docket ID No. EPA–HQ–OW–2019– 

0372). The cost analysis indicates that 

while there will be an incremental 

increase in the costs of complying with 

the 2021 MSGP, these costs will not 

have a significant economic impact on 

a substantial number of small entities. 

VII. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is a 

‘‘significant regulatory action.’’ 

Accordingly, EPA submitted this action 

to OMB for review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011), and any changes 

made in response to OMB 

recommendations will be documented 

in the docket for this action (Docket ID 

No. EPA–HQ–OW–2019–0372). 

VIII. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

This action does not have 

disproportionately high and adverse 

human health or environmental effects 

on minority populations, low-income 

populations and/or indigenous peoples, 

as specified in Executive Order 12898. 

EPA has determined that the 2021 

MSGP will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because the 

requirements in the permit apply 

equally to industrial facilities in areas 

where EPA is the permitting authority, 

and the provisions increase the level of 

environmental protection for all affected 

populations. 

IX. Executive Order 13175: 

Consultation and Coordination With 

Indian Tribal Governments 

This action has tribal implications. 

However, it will neither impose 

substantial direct compliance costs on 

federally recognized tribal governments, 

nor preempt tribal law. With limited 

exceptions, EPA directly implements 

the NPDES program in Indian country 

as no tribe has yet obtained EPA 

authorization to administer the NPDES 

program. As a result, almost all eligible 

facilities with stormwater discharges 

associated with industrial activities in 

Indian country fall under EPA’s MSGP 

or may be covered under an individual 

NPDES permit issued by EPA. 

EPA consulted with tribal officials 

under EPA’s Policy on Consultation and 

Coordination with Indian Tribes early in 

the process of developing this permit to 

have meaningful and timely input into 

its development to gain an 

understanding of and, where necessary, 

to address the tribal implications of the 

permit. A summary of that consultation 

and coordination follows. 

• June 26, 2019—EPA initiated a 

tribal consultation and coordination 

process for this action by sending a 

‘‘Notice of Consultation and 

Coordination’’ letter to all 573 federally 

recognized tribes. The letter invited 

tribal leaders and designated 

consultation representative(s) to 

participate in the tribal consultation and 

coordination process. The consultation 

period was from July 8 to September 9, 

2019. 

• July 10, 2019—EPA presented an 

overview of the current 2015 MSGP and 

potential changes for the reissuance of 

the MSGP to the National Tribal Water 

Council. 

• August 1, 2019—EPA held an 

informational webinar for tribal 

representatives. A total of 19 tribal 

representatives participated in the 

webinar. 

EPA solicited comment from federally 

recognized tribes early in the reissuance 

process. Tribes and tribal organizations 

submitted one letter and three emails to 

EPA, and EPA addressed those 

comments in the final permit and/or 

sent the requested information to the 

tribes. Records of the tribal 

informational webinar and a 

consultation summary summarizing the 

written comments submitted by tribes 

are included in the docket for this 

action (Docket ID No. EPA–HQ–OW– 

2019–0372). EPA also notes that the 

Agency completed the CWA section 401 

certification procedures with all 

authorized tribes where this permit 

applies. EPA will provide email 

notification to tribes of the final 2021 

MSGP. 

X. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not a ‘‘significant 

energy action’’ because it is not likely to 

have a significant adverse effect on the 

supply, distribution or use of energy 

and has not otherwise been designated 

by the Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. 

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

et seq. 

This notice of final permit issuance of 

the Environmental Protection Agency 

was signed on January 15, 2021, by 

Dennis Deziel, Regional Administrator, 

EPA Region 1, pursuant to the 

settlement agreement entered in 

Waterkeeper Alliance, Inc. et al. v. U.S. 

EPA, No. 15–2091 (2d Cir.). That notice 

of final permit issuance with the 

original signature and date is 

maintained by EPA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned EPA Official 

re-signs the notice of final permit 

issuance for publication, as an official 

document of the Environmental 

Protection Agency. This administrative 

process in no way alters the legal effect 

of this notice of final permit issuance 

upon publication in the Federal 

Register. 

Dated: February 11, 2021. 

Deborah Szaro, 

Acting Regional Administrator, EPA Region 

1. 

This notice of final permit issuance of 

the Environmental Protection Agency 

was signed on January 15, 2021, by 

Jeffrey Gratz, Deputy Director, Water 


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Division, EPA Region 2, pursuant to the 

settlement agreement entered in 

Waterkeeper Alliance, Inc. et al. v. U.S. 

EPA, No. 15–2091 (2d Cir.). That notice 

of final permit issuance with the 

original signature and date is 

maintained by EPA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned EPA Official 

re-signs the notice of final permit 

issuance for publication, as an official 

document of the Environmental 

Protection Agency. This administrative 

process in no way alters the legal effect 

of this notice of final permit issuance 

upon publication in the Federal 

Register. 

Dated: February 11, 2021. 

Jeffrey Gratz, 

Deputy Director, Water Division, EPA Region 

2. 

This notice of final permit issuance of 

the Environmental Protection Agency 

was signed on January 15, 2021, by 

Carmen Guerrero-Perez, Director, 

Caribbean Environmental Protection 

Division, EPA Region 2, pursuant to the 

settlement agreement entered in 

Waterkeeper Alliance, Inc. et al. v. U.S. 

EPA, No. 15–2091 (2d Cir.). That notice 

of final permit issuance with the 

original signature and date is 

maintained by EPA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned EPA Official 

re-signs the notice of final permit 

issuance for publication, as an official 

document of the Environmental 

Protection Agency. This administrative 

process in no way alters the legal effect 

of this notice of final permit issuance 

upon publication in the Federal 

Register. 

Dated: February 11, 2021. 

Carmen Guerrero-Perez, 

Director, Caribbean Environmental Protection 

Division, EPA Region 2. 

This notice of final permit issuance of 

the Environmental Protection Agency 

was signed on January 15, 2021, by 

Catherine Libertz, Director, Water 

Division, EPA Region 3, pursuant to the 

settlement agreement entered in 

Waterkeeper Alliance, Inc. et al. v. U.S. 

EPA, No. 15–2091 (2d Cir.). That notice 

of final permit issuance with the 

original signature and date is 

maintained by EPA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned EPA Official 

re-signs the notice of final permit 

issuance for publication, as an official 

document of the Environmental 

Protection Agency. This administrative 

process in no way alters the legal effect 

of this notice of final permit issuance 

upon publication in the Federal 

Register. 

Dated: February 11, 2021. 

Catherine Libertz, 

Director, Water Division, EPA Region 3. 

This notice of final permit issuance of 

the Environmental Protection Agency 

was signed on January 15, 2021, by 

Jeaneanne Gettle, Director, Water 

Division, EPA Region 4, pursuant to the 

settlement agreement entered in 

Waterkeeper Alliance, Inc. et al. v. U.S. 

EPA, No. 15–2091 (2d Cir.). That notice 

of final permit issuance with the 

original signature and date is 

maintained by EPA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned EPA Official 

re-signs the notice of final permit 

issuance for publication, as an official 

document of the Environmental 

Protection Agency. This administrative 

process in no way alters the legal effect 

of this notice of final permit issuance 

upon publication in the Federal 

Register. 

Dated: February 11, 2021. 

Jeaneanne Gettle, 

Director, Water Division, EPA Region 4. 

This notice of final permit issuance of 

the Environmental Protection Agency 

was signed on January 15, 2021, by Tera 

Fong, Director, Water Division, EPA 

Region 5, pursuant to the settlement 

agreement entered in Waterkeeper 

Alliance, Inc. et al. v. U.S. EPA, No. 15– 

2091 (2d Cir.). That notice of final 

permit issuance with the original 

signature and date is maintained by 

EPA. For administrative purposes only, 

and in compliance with requirements of 

the Office of the Federal Register, the 

undersigned EPA Official re-signs the 

notice of final permit issuance for 

publication, as an official document of 

the Environmental Protection Agency. 

This administrative process in no way 

alters the legal effect of this notice of 

final permit issuance upon publication 

in the Federal Register. 

Dated: February 11, 2021. 

Tera Fong, 

Director, Water Division, EPA Region 5. 

This notice of final permit issuance of 

the Environmental Protection Agency 

was signed on January 15, 2021, by 

Charles Maguire, Director, Water 

Division, EPA Region 6, pursuant to the 

settlement agreement entered in 

Waterkeeper Alliance, Inc. et al. v. U.S. 

EPA, No. 15–2091 (2d Cir.). That notice 

of final permit issuance with the 

original signature and date is 

maintained by EPA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned EPA Official 

re-signs the notice of final permit 

issuance for publication, as an official 

document of the Environmental 

Protection Agency. This administrative 

process in no way alters the legal effect 

of this notice of final permit issuance 

upon publication in the Federal 

Register. 

Dated: February 11, 2021. 

Charles Maguire, 

Director, Water Division, EPA Region 6. 

This notice of final permit issuance of 

the Environmental Protection Agency 

was signed on January 15, 2021, by 

Jeffery Robichaud, Director, Water 

Division, EPA Region 7, pursuant to the 

settlement agreement entered in 

Waterkeeper Alliance, Inc. et al. v. U.S. 

EPA, No. 15–2091 (2d Cir.). That notice 

of final permit issuance with the 

original signature and date is 

maintained by EPA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned EPA Official 

re-signs the notice of final permit 

issuance for publication, as an official 

document of the Environmental 

Protection Agency. This administrative 

process in no way alters the legal effect 

of this notice of final permit issuance 

upon publication in the Federal 

Register. 

Dated: February 11, 2021. 

Jeffery Robichaud, 

Director, Water Division, EPA Region 7. 

This notice of final permit issuance of 

the Environmental Protection Agency 

was signed on January 15, 2021, by 

Darcy O’Connor, Director, Water 

Division, EPA Region 8, pursuant to the 

settlement agreement entered in 

Waterkeeper Alliance, Inc. et al. v. U.S. 

EPA, No. 15–2091 (2d Cir.). That notice 

of final permit issuance with the 

original signature and date is 

maintained by EPA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned EPA Official 

re-signs the notice of final permit 

issuance for publication, as an official 

document of the Environmental 

Protection Agency. This administrative 

process in no way alters the legal effect 

of this notice of final permit issuance 

upon publication in the Federal 

Register. 


tkelley on DSKBCP9HB2PROD with NOTICES
10278 Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Notices 

Dated: February 11, 2021. 

Humberto Garcia, 

Acting Director, Water Division, EPA Region 

8. 

This notice of final permit issuance of 

the Environmental Protection Agency 

was signed on January 15, 2021, by 

Toma ́s Torres, Director, Water Division, 

EPA Region 9, pursuant to the 

settlement agreement entered in 

Waterkeeper Alliance, Inc. et al. v. U.S. 

EPA, No. 15–2091 (2d Cir.). That notice 

of final permit issuance with the 

original signature and date is 

maintained by EPA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned EPA Official 

re-signs the notice of final permit 

issuance for publication, as an official 

document of the Environmental 

Protection Agency. This administrative 

process in no way alters the legal effect 

of this notice of final permit issuance 

upon publication in the Federal 

Register. 

Dated: February 11, 2021. 

Toma ́ s Torres, 

Director, Water Division, EPA Region 9. 

This notice of final permit issuance of 

the Environmental Protection Agency 

was signed on January 15, 2021, by 

Daniel Opalski, Director, Water 

Division, EPA Region 10, pursuant to 

the settlement agreement entered in 

Waterkeeper Alliance, Inc. et al. v. U.S. 

EPA, No. 15–2091 (2d Cir.). That notice 

of final permit issuance with the 

original signature and date is 

maintained by EPA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned EPA Official 

re-signs the notice of final permit 

issuance for publication, as an official 

document of the Environmental 

Protection Agency. This administrative 

process in no way alters the legal effect 

of this notice of final permit issuance 

upon publication in the Federal 

Register. 

Dated: February 11, 2021. 

Daniel Opalski, 

Director, Water Division, EPA Region 10. 

[FR Doc. 2021–03391 Filed 2–18–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[FRS 17437; PS Docket No. 13–42] 

Reallocation of 470–512 MHz (T-Band) 

Spectrum 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: In this document, the Public 

Safety and Homeland Security Bureau 

and Wireless Telecommunications 

Bureau (collectively the Bureaus) jointly 

terminate PS Docket No. 13–42 entitled 

Reallocation of 470–512 MHz (T-Band) 

Spectrum. 

DATES: January 13, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Brian Marenco, Electronics Engineer, 

Policy and Licensing Division, Public 

Safety and Homeland Security Bureau, 

(202) 418–0838 or via email at 

Brian.Marenco@fcc.gov, and Thomas 

Eng, Electronics Engineer, Policy and 

Licensing Division, Public Safety and 

Homeland Security Bureau, (202) 418– 

0019 or via email at Thomas.Eng@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, 

DA 21–52, adopted on January 13, 2021, 

and released on January 13, 2021. The 

complete text of this document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center, 45 L 

Street NE, Washington, DC 20554. 

Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, DA 20–304 (March 19, 2020). 

https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. During 

the time the Commission’s building is 

closed to the general public and until 

further notice. 

1. On January 13, 2021, the Bureaus 

released an Order terminating the 

proceeding for PS Docket No. 13–42 as 

a result of the signing of the Don’t Break 

Up the T-Band Act (T-Band Act) into 

law as part of the Consolidated 

Appropriations Act, 2021. The T-Band 

Act repealed section 6103 of the Middle 

Class Tax Relief and Job Creation Act of 

2012, which mandated the Commission 

reallocate and auction frequencies used 

by public safety eligibles in the 470–512 

MHz spectrum (T-Band Mandate). 

2. The Commission adopted a Notice 

of Proposed Rulemaking in June 2020 to 

meet its statutory deadlines and 

directives. Since the T-Band Act 

repealed the T-Band Mandate in its 

entirety, the Bureaus terminated the 

proceeding since there is no longer a 

statutory mandate to reallocate and 

auction frequencies in the T-Band. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary,Office of the Secretary. 

[FR Doc. 2021–03425 Filed 2–18–21; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[FRS 17438] 

Wireless Telecommunications Bureau 

and Public Safety and Homeland 

Security Bureau Modify Suspensions 

of Acceptance and Processing of 

Certain Part 22 and Part 90 

Applications for 470–512 MHz (T-Band) 

Spectrum 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: In this Public Notice, the 

Public Safety and Homeland Security 

Bureau and Wireless 

Telecommunications Bureau 

(collectively the Bureaus) modify 

suspensions of acceptance and 

processing of certain Part 22 and Part 90 

applications for 470–512 MHz (T-Band) 

spectrum. 

DATES: The Bureaus issued the Public 

Notice on January 19, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Brian Marenco, Electronics Engineer, 

Policy and Licensing Division, Public 

Safety and Homeland Security Bureau, 

(202) 418–0838 or via email at 

Brian.Marenco@fcc.gov, and Joshua 

Smith, Mobility Division, Wireless 

Telecommunications Bureau, (717) 338– 

2502 or via email at Joshua.Smith@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Public 

Notice, DA 21–82, released on January 

19, 2021. The complete text of this 

document is available for inspection 

and copying during normal business 

hours in the FCC Reference Information 

Center, 45 L Street NE, Washington, DC 

20554. Effective March 19, 2020, and 

until further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, DA 20–304 (March 19, 2020). 

https://www.fcc.gov/document/fcccloses-headquarters-open-window-andVerDate Sep<11>2014 21:07 Feb 18, 2021 Jkt 253001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\19FEN1.SGM 19FEN1

tkelley on DSKBCP9HB2PROD with NOTICES