21328 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices 

Management and Budget (OMB) for 

clearance a proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act of 1995. The 

proposed collection in support of the 

DOE’s Small Business Vouchers (SBV) 

pilot will gather quantitative estimates 

of the pilot’s impacts as well as capture 

implementation lessons learned. The 

information is needed to assess the 

impacts of the SBV Pilot, documenting 

that the investment is producing the 

expected results, and to determine ways 

to improve the pilot should it be 

expanded in scope. 

The SBV Pilot is a funding 

mechanism structured to allow small 

businesses engaged in the renewable 

energy and energy efficiency sectors to 

collaborate with researchers at the DOE 

National Laboratories and to take 

advantage of the resources at the Labs 

that assist small businesses in 

proceeding through commercialization 

challenges. Respondents will include 

small businesses participating in the 

pilot as well a comparison group of 

small businesses outside of the SBV 

Pilot. 

DATES: Comments regarding this 

collection must be received on or before 

May 11, 2016. If you anticipate that you 

will be submitting comments, but find 

it difficult to do so within the period of 

time allowed by this notice, please 

advise the DOE Desk Officer at OMB of 

your intention to make a submission as 

soon as possible. The Desk Officer may 

be telephoned at 202–395–4718. 

ADDRESSES: Written comments should 

be sent to the 

DOE Desk Officer, Office of Information 

and Regulatory Affairs, Office of 

Management and Budget, New 

Executive Office Building, Room 

10102, 735 17th Street NW., 

Washington, DC 20503. 

And to 

Jeff Dowd, 

By email to: Jeff.Dowd@ee.doe.gov. 

Or by mail to: Jeff Dowd, US 

Department of Energy, EE–61P, 1000 

Independence Ave. SW., Washington, 

DC 20585. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Dowd, Jeff.Dowd@ee.doe.gov. Requests 

may also be mailed to Jeff Dowd, US 

Department of Energy, EE–61P, 1000 

Independence Ave. SW., Washington, 

DC 20585. Calls may be directed to Jeff 

Dowd at (202) 586–7258. 

SUPPLEMENTARY INFORMATION: This 

information collection request contains: 

(1) OMB No. ‘‘New’’; (2) Information 

Collection Request Title: Small Business 

Vouchers: Web-survey of Participating 

and Nonparticipating Small Businesses 

for DOE’s Small Business Vouchers 

Pilot; (3) Type of Request: New 

collection; (4) Purpose: To evaluate the 

effectiveness and impacts of DOE’s 

Small Business Vouchers (SBV) pilot 

program, to capture lessons learned, and 

make recommendations; The 

information collection will be through a 

web based survey, allowing 

participating SBV firms and the 

comparison firms to answer questions at 

a time most convenient for them. The 

web survey will consist of two fulllength surveys, the first conducted once 

after the first year of vouchers has been 

completed (i.e., the second year of the 

pilot) and the second once five years 

after the pilot began, and one 

abbreviated survey administered twice 

in the interim years (pilot years three 

and four). The information collection 

assumes there will be approximately 

100 participating SBV firms in the first 

year of the program (vouchers awarded 

in 2016) and assumes there will be 

comparable levels of funding and 

participating SBV firms in 2017 and 

2018. The first full-length survey (30 

minutes in length for about 70 SBV 

participants and about 70 comparison 

firms) will stress questions about the 

application, selection, work agreement 

and completion processes and also ask 

about commercialization progress and 

other outcomes. The survey in year five 

(30 minutes in length) will ask about 

300 firms participating in SBV from 

Years 1–3 and about 100 comparison 

firms about interest in continuing to 

engage with the national Laboratories, 

but will concentrate on 

commercialization and other outcomes 

and how much the DOE program 

contributed to the outcomes. The 

abbreviated, interim-year surveys will 

be 15 minutes in length and will 

provide status updates on SBV pilot 

impacts such as commercialization and 

other outcomes. The purpose of also 

surveying small business firms that have 

an interest in working with the National 

Laboratories but have not participated 

in SBV is to investigate similarities and 

differences in the two small business 

groups. The data collected in the year 

five survey will also be used to perform 

a benefit-cost calculation and 

benchmark comparison of voucher firms 

to firms in the DOE Small Business 

Innovation Research (SBIR) program, 

based on existing SBIR data; (5) Annual 

Estimated Number of Respondents: Pilot 

Year 2 Survey: 140; Pilot Year 3 Survey: 

200; Pilot Year 4 Survey: 300; Pilot Year 

5 Survey: 400 ; (6) Annual Estimated 

Number of Total Responses: Pilot Year 

2 Survey: 140; Pilot Year 3 Survey: 200; 

Pilot Year 4 Survey: 300; Pilot Year 5 

Survey: 400; (7) Annual Estimated 

Number of Burden Hours: Pilot Year 2 

Survey: 70; Pilot Year 3 Survey: 50; 

Pilot Year 4 Survey: 75; Pilot Year 5 

Survey: 200; (8) Annual Estimated 

Reporting and Recordkeeping Cost 

Burden: Pilot Year 2 Survey: $0; Pilot 

Year 5 Survey: $0; Pilot Year 3 and 4 

Survey: $0. 

Statutory Authority: DOE Org Act (42 

U.S.C. 7101, et seq.) and 42 U.S.C. 16191 

(AMO authority). 

Issued in Washington, DC on April 5, 2016. 

Jeff Dowd, 

Office of Energy Efficiency and Renewable 

Energy, Department of Energy. 

[FR Doc. 2016–08226 Filed 4–8–16; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2015–0828; FRL 9944–76– 

OW] 

Draft National Pollutant Discharge 

Elimination System (NPDES) General 

Permit for Stormwater Discharges 

From Construction Activities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice and request for public 

comment. 

SUMMARY: All 10 EPA Regions are 

proposing for public comment on the 

draft 2017 National Pollutant Discharge 

Elimination System (NPDES) general 

permit for stormwater discharges from 

construction activities, also referred to 

as the ‘‘2017 Construction General 

Permit (CGP)’’ or the ‘‘draft permit.’’ 

The draft permit, once finalized, will 

replace the existing general permit 

covering stormwater discharges from 

construction activities that will expire 

on February 16, 2017. EPA proposes to 

issue this permit for five (5) years, and 

to provide permit coverage to eligible 

operators in all areas of the country 

where EPA is the NPDES permitting 

authority, including Idaho, 

Massachusetts, New Hampshire, and 

New Mexico, Indian country lands, 

Puerto Rico, the District of Columbia, 

and most U.S. territories and 

protectorates. EPA seeks comment on 

the draft permit and on the 

accompanying fact sheet, which 

contains supporting documentation. 

This Federal Register document 

describes the draft permit in general and 

also includes specific topics on which 

the Agency is particularly seeking 

comment. EPA encourages the public to 

read the fact sheet to better understand 

the draft permit. The fact sheet and draft 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices 21329 

permit can be found at https://

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

DATES: Comments on the draft permit 

must be received on or before May 26, 

2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2015–0828 to the Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or withdrawn. EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. 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-epadockets. 

FOR FURTHER INFORMATION CONTACT: For 

further information on the draft permit, 

contact the appropriate EPA Regional 

office listed in Section I.F of this action, 

or Emily Halter, EPA Headquarters, 

Office of Water, Office of Wastewater 

Management; 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. What should I consider as I prepare my 

comments for EPA? 

D. Will public hearings be held on this 

action? 

E. What process will EPA follow to finalize 

the permit? 

F. Who are the EPA regional contacts for 

this permit? 

II. Background of Permit 

III. Summary of the Draft Permit 

A. Technology-Based Effluent Limits 

B. Water Quality-Based Effluent Limits 

(WQBELS) 

C. Summary of Proposed Permit Changes 

D. Provisions for Which EPA is Soliciting 

Comment 

IV. Analysis of Economic Impacts 

V. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

VI. Compliance with the National 

Environmental Policy Act (NEPA) for the 

National Pollutant Discharge Elimination 

System (NPDES) General Permit for 

Discharges From Construction Activities 

VII. Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

VIII. Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments 

I. General Information 

A. Does this action apply to me? 

1. Entities Covered by this Permit 

This draft permit covers the following 

entities, as categorized in the North 

American Industry Classification 

System (NAICS): 

TABLE 1—ENTITIES COVERED BY THIS DRAFT PERMIT

Category Examples of affected entities 

North 

American 

Industry 

Classification 

System 

(NAICS) Code 

Industry .......................... Construction site operators disturbing 1 or more acres of land, or less than 1 acre but part of a larger common plan 

of development or sale if the larger common plan will ultimately disturb 1 acre or more, and performing the following activities: 

Construction of Buildings ........................................................................................................................ 236 

Heavy and Civil Engineering Construction ............................................................................................. 237 

EPA does not intend the preceding 

table to be exhaustive, but provides it as 

a guide for readers regarding the types 

of activities that EPA is now aware of 

that could potentially be affected by this 

action. Other types of entities not listed 

in the table could also be affected. To 

determine whether your site is covered 

by this action, you should carefully 

examine the definition of ‘‘construction 

activity’’ and ‘‘small construction 

activity’’ in existing EPA regulations at 

40 CFR 122.26(b)(14)(x) and 

122.26(b)(15), respectively. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

one of the persons listed for technical 

information in the preceding FOR

FURTHER INFORMATION CONTACT section. 

2. Construction Projects for Which 

Operators are Eligible for Permit 

Coverage 

Coverage under this permit is 

available to operators of eligible projects 

located in those areas where EPA is the 

permitting authority. A list of eligible 

areas is included in Appendix B of the 

draft permit. Eligibility for permit 

coverage is limited to operators of ‘‘new 

sites,’’ operators of ‘‘existing sites,’’ 

‘‘new operators of new or existing 

sites,’’ and operators of ‘‘emergencyrelated projects.’’ A ‘‘new site’’ is a site 

where construction activities 

commenced on or after February 16, 

2017. An ‘‘existing site’’ is a site where 

construction activities commenced prior 

to February 16, 2017. A ‘‘new operator 

of a new or existing site’’ is an operator 

that through transfer of ownership and/ 

or operation replaces the operator of an 

already permitted construction site. An 

‘‘emergency-related project’’ is a project 

initiated in response to a public 

emergency (e.g., mud slides, earthquake, 

extreme flooding conditions, disruption 

in essential public services), for which 

the related work requires immediate 

authorization to avoid imminent 

endangerment to human health or the 

environment, or to reestablish public 

services. 

3. Geographic Coverage 

This draft permit will provide 

coverage to eligible operators for 

stormwater discharges from 

construction activities that occur in 

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21330 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices 

1 In January 2016, the Interior Board of Indian 

Appeals upheld the decision by the Bureau of 

Indian Affairs to provide federal recognition to the 

Pamunkey Tribe of Virginia (see In Re Federal 

Acknowledgement of the Pamunkey Indian Tribe, 

62 IBIA 122 (1/28/16)). Following this action, it is 

likely state reservation land will be placed into 

trust. Once this process is completed, the 

reservation would be Indian country. EPA would 

then consult with the Tribe as to whether the Tribe 

would like permit coverage for operators on its 

reservation, and if so, EPA could then issue the 

permit for the Pamunkey Reservation without 

further notice and comment. 

areas not covered by an approved state 

NPDES program. The areas of 

geographic coverage of this draft permit 

are listed in Appendix B, and include 

the states of New Hampshire, 

Massachusetts, New Mexico, and Idaho 

as well as all Indian country lands,1 and 

areas in selected states operated by a 

federal operator. Permit coverage is also 

provided to operators in Puerto Rico, 

the District of Columbia, and the Pacific 

Island territories, among others. 

B. How can I get copies of these 

documents and other related 

information? 

1. Docket. EPA has established an 

official public docket for this action 

under Docket ID No. EPA–HQ–OW– 

2015–0828. The official public docket is 

the collection of materials that is 

available for public viewing at the Water 

Docket in the EPA Docket Center, (EPA/ 

DC) WJC West Building, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC 20460. Although all 

documents in the docket are listed in an 

index, some information is not publicly 

available, i.e., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Publicly available docket materials are 

available in hard copy at the EPA 

Docket Center Public Reading Room, 

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

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744 

and the telephone number for the Water 

Docket is (202) 566–2426. 

2. Electronic Access. You may access 

this Federal Register notice 

electronically through the United States 

government on-line source for Federal 

regulations at http://

www.regulations.gov. 

Electronic versions of this draft 

permit and fact sheet are available on 

EPA’s NPDES Web site at https://

www.epa.gov/npdes/stormwaterdischarges-construction-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 http://www.regulations.gov to 

submit or 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 EPA’s 

public docket, visit the EPA Docket 

Center homepage at https://

www.epa.gov/dockets. Although not all 

docket materials may be available 

electronically, you may still access any 

of the publicly available docket 

materials through the Docket Facility 

identified in Section I.B.1. 

C. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit CBI 

information to EPA through http://

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

EPA’s policy is that public comments, 

whether submitted electronically or in 

paper, will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. As noted 

previously, CBI information should not 

be submitted through http://

www.regulations.gov or by email. When 

EPA identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket. 

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the docket will be 

scanned and placed in EPA’s electronic 

public docket. Where practical, physical 

objects will be photographed, and the 

photograph will be placed in EPA’s 

electronic public docket along with a 

brief description written by the docket 

staff. 

2. Tips for Preparing Your Comments. 

When submitting comments, 

remember to: 

• Identify this draft permit by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Where possible, respond to specific 

questions or organize comments by 

referencing a section or part of this draft 

permit. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• To ensure that EPA can read, 

understand, and therefore properly 

respond to comments, the Agency 

would prefer that commenters cite, 

where possible, the paragraph(s) or 

section in the draft permit or fact sheet 

to which each comment refers. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

D. Will public hearings be held on this 

action? 

EPA has not scheduled any public 

hearings to receive public comment 

concerning the draft permit. All persons 

will continue to have the right to 

provide written comments during the 

public comment period. However, 

interested persons may request a public 

hearing pursuant to 40 CFR 124.12 

concerning the draft permit. Requests 

for a public hearing must be sent or 

delivered in writing to the same address 

as provided previously 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 permit. 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 

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Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices 21331 

and data pertaining to the draft permit 

at the public hearing. 

E. What process will EPA follow to 

finalize the permit? 

After the close of the public comment 

period, EPA intends to issue a final 

permit on or prior to the expiration date 

of the current 2012 CGP. This permit 

will not be issued until all significant 

comments have been considered and 

appropriate changes made to the draft 

permit. EPA’s responses to public 

comments received will be included in 

the docket as part of the final permit 

issuance. Once the final permit becomes 

effective, eligible operators of existing 

and new sites may seek authorization 

under the new CGP. Any construction 

site operator obtaining permit coverage 

prior to the expiration date of the 2012 

CGP will automatically remain covered 

under that permit until the earliest of: 

• Authorization for coverage under 

the 2017 CGP following a timely 

submittal of a complete and accurate 

Notice of Intent (NOI); 

• Submittal of a Notice of 

Termination (NOT); or 

• EPA issues an individual permit or 

denies coverage under an individual 

permit for the site’s stormwater 

discharges. 

F. Who are the EPA regional contacts for 

this permit? 

For EPA Region 1, contact Suzanne 

Warner at telephone number: (617) 918– 

1383 or email at warner.suzanne@

epa.gov. 

For EPA Region 2, contact Stephen 

Venezia at telephone number: (212) 

637–3856 or email at venezia.stephen@

epa.gov, or for Puerto Rico, contact 

Sergio Bosques at tel.: (787) 977–5838 or 

email at bosques.sergio@epa.gov. 

For EPA Region 3, contact Carissa 

Moncavage at telephone number: (215) 

814–5798 or email at 

moncavage.carissa@epa.gov. 

For EPA Region 4, contact Michael 

Mitchell at telephone number: (404) 

562–9303 or email at mitchell.michael@

epa.gov. 

For EPA Region 5, contact Brian Bell 

at telephone number: (312) 886–0981 or 

email at bell.brianc@epa.gov. 

For EPA Region 6, contact Suzanna 

Perea at telephone number: (214) 665– 

7217 or email at: perea.suzanna@

epa.gov. 

For EPA Region 7, contact Mark 

Matthews at telephone number: (913) 

551–7635 or email at: matthews.mark@

epa.gov. 

For EPA Region 8, contact Amy Clark 

at telephone number: (303) 312–7014 or 

email at: clark.amy@epa.gov. 

For EPA Region 9, contact Eugene 

Bromley at telephone number: (415) 

972–3510 or email at bromley.eugene@

epa.gov. 

For EPA Region 10, contact Margaret 

McCauley at telephone number: (206) 

553–1772 or email at 

mccauley.margaret@epa.gov. 

II. Background of Permit 

The Clean Water Act (‘‘CWA’’) 

establishes a comprehensive program 

‘‘to restore and maintain the chemical, 

physical, and biological integrity of the 

Nation’s waters.’’ 33 U.S.C. 1251(a). The 

CWA also includes the objective of 

attaining ‘‘water quality which provides 

for the protection and propagation of 

fish, shellfish and wildlife and * * * 

recreation in and on the water.’’ 33 

U.S.C. 1251(a)(2)). To achieve these 

goals, the CWA requires EPA to control 

discharges of pollutants from point 

sources through the issuance of National 

Pollutant Discharge Elimination System 

(‘‘NPDES’’) permits. 

The Water Quality Act of 1987 (WQA) 

added section 402(p) to the CWA, which 

directed EPA to develop a phased 

approach to regulate stormwater 

discharges under the NPDES program. 

33 U.S.C. 1342(p). EPA published a final 

regulation in the Federal Register, often 

called the ‘‘Phase I Rule,’’ on November 

16, 1990, establishing permit 

application requirements for, among 

other things, ‘‘storm water discharges 

associated with industrial activity.’’ See 

55 FR 47990. EPA defines the term 

‘‘storm water discharge associated with 

industrial activity’’ in a comprehensive 

manner to cover a wide variety of 

facilities. See id. Construction activities, 

including activities that are part of a 

larger common plan of development or 

sale, that ultimately disturb at least five 

acres of land and have point source 

discharges to waters of the U.S. were 

included in the definition of ‘‘industrial 

activity’’ pursuant to 40 CFR 

122.26(b)(14)(x). The second rule 

implementing section 402(p), often 

called the ‘‘Phase II Rule,’’ was 

published in the Federal Register on 

December 8, 1999. It requires NPDES 

permits for discharges from construction 

sites disturbing at least one acre but less 

than five acres, including sites that are 

part of a larger common plan of 

development or sale that will ultimately 

disturb at least one acre but less than 

five acres, pursuant to 40 CFR 

122.26(b)(15)(i). See 64 FR 68722. EPA 

is proposing to issue this draft permit 

under the statutory and regulatory 

authority cited above. 

NPDES permits for construction 

stormwater discharges are required 

under Section 402(a)(1) of the CWA to 

include conditions to meet technologybased effluent limits established under 

Section 301 and, where applicable, 

Section 306. Effluent limitations 

guidelines (ELGs) and New Source 

Performance Standards (NSPS) are 

technology-based effluent limitations 

that are based on the degree of control 

that can be achieved using various 

levels of pollutant control technology as 

defined in Subchapter III of the CWA. 

Once a new national standard is 

established in accordance with these 

sections, NPDES permits must 

incorporate limits based on such 

technology-based standards. See CWA 

sections 301 and 306, 33 U.S.C. 1311 

and 1316, and 40 CFR 122.44(a)(1). On 

December 1, 2009, EPA published final 

regulations establishing technologybased Effluent Limitations Guidelines 

(ELGs) and New Source Performance 

Standards (NSPS) for the Construction & 

Development (C&D) point source 

category, which became effective on 

February 1, 2010. See 40 CFR part 450, 

and 74 FR 62996 (December 1, 2009). 

The Construction & Development Rule, 

or ‘‘C&D rule,’’ was amended on March 

6, 2014 to satisfy EPA’s agreements 

pursuant to a settlement of litigation 

that challenged the 2009 rule. See 79 FR 

12661. All NPDES construction permits 

issued by EPA or states after this date 

must incorporate the requirements in 

the C&D rule. 

III. Summary of the Draft Permit 

The draft permit is similar to the 

existing 2012 CGP. It includes effluent 

limitations (i.e., requirements for 

erosion and sediment and pollutant 

prevention controls) and requirements 

for self-inspections, corrective actions, 

staff training, development of a 

stormwater pollution prevention plan 

(SWPPP), and permit conditions 

applicable to construction sites in 

specific states, Indian country lands, 

and territories. Additionally, the 

appendices provide forms for the 

submittal of an NOI, NOT, Low 

Erosivity Waiver (LEW), as well as stepby-step procedures for determining 

eligibility with respect to the protection 

of threatened and endangered species 

and historic properties, and for 

complying with the draft permit’s 

natural buffer requirements. 

A. Technology-Based Effluent Limits 

As stated previously, all NPDES 

construction permits issued by EPA or 

states after March 6, 2014 must 

incorporate the requirements in the C&D 

rule, as amended. The non-numeric 

effluent limitations in the C&D rule are 

designed to prevent the mobilization 

and discharge of sediment and 

sediment-bound pollutants, such as 

metals and nutrients, and to prevent or 

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21332 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices 

minimize exposure of stormwater to 

construction materials, debris, and other 

sources of pollutants on construction 

sites. In addition, these non-numeric 

effluent limitations limit the generation 

of dissolved pollutants. Soil on 

construction sites can contain a variety 

of pollutants such as nutrients, 

pesticides, herbicides, and metals. 

These pollutants may be present 

naturally in the soil, such as arsenic or 

selenium, or they may have been 

contributed by previous activities on the 

site, such as agriculture or industrial 

activities. These pollutants, once 

mobilized by stormwater, can detach 

from the soil particles and become 

dissolved pollutants. Once dissolved, 

these pollutants would not be removed 

by down-slope sediment controls. 

Source control through minimization of 

soil erosion is therefore the most 

effective way of controlling the 

discharge of these pollutants. 

The non-numeric effluent limits in 

the C&D rule, upon which certain 

technology-based requirements in the 

draft permit are based, include the 

following: 

• Erosion and Sediment Controls— 

Permittees are required to design, install 

and maintain effective erosion controls 

and sediment controls to minimize the 

discharge of pollutants. At a minimum, 

such controls must be designed, 

installed and maintained to: 

1. Control stormwater volume and 

velocity to minimize soil erosion in 

order to minimize pollutant discharges; 

2. Control stormwater discharges, 

including both peak flowrates and total 

stormwater volume, to minimize 

channel and streambank erosion and 

scour in the immediate vicinity of 

discharge points; 

3. Minimize the amount of soil 

exposed during construction activity; 

4. Minimize the disturbance of steep 

slopes; 

5. Minimize sediment discharges from 

the site. The design, installation and 

maintenance of erosion and sediment 

controls must address factors such as 

the amount, frequency, intensity and 

duration of precipitation, the nature of 

resulting stormwater discharge, and soil 

characteristics, including the range of 

soil particle sizes expected to be present 

on the site; 

6. Provide and maintain natural 

buffers around waters of the United 

States, direct stormwater to vegetated 

areas and maximize stormwater 

infiltration to reduce pollutant 

discharges, unless infeasible; 

7. Minimize soil compaction. 

Minimizing soil compaction is not 

required where the intended function of 

a specific area of the site dictates that it 

be compacted; and 

8. Unless infeasible, preserve topsoil. 

Preserving topsoil is not required where 

the intended function of a specific area 

of the site dictates that the topsoil be 

disturbed or removed. 

• Soil Stabilization Requirements— 

Permittees are required to, at a 

minimum, initiate soil stabilization 

measures immediately whenever any 

clearing, grading, excavating or other 

earth disturbing activities have 

permanently ceased on any portion of 

the site, or temporarily ceased on any 

portion of the site and will not resume 

for a period exceeding 14 calendar days. 

In arid, semiarid, and drought-stricken 

areas where initiating vegetative 

stabilization measures immediately is 

infeasible, alternative stabilization 

measures must be employed as specified 

by the permitting authority. 

Stabilization must be completed within 

a period of time determined by the 

permitting authority. In limited 

circumstances, stabilization may not be 

required if the intended function of a 

specific area of the site necessitates that 

it remain disturbed. 

• Dewatering Requirements— 

Permittees are required to minimize the 

discharge of pollutants from dewatering 

trenches and excavations. Discharges 

are prohibited unless managed by 

appropriate controls. 

• Pollution Prevention Measures— 

Permittees are required to design, 

install, implement, and maintain 

effective pollution prevention measures 

to minimize the discharge of pollutants. 

At a minimum, such measures must be 

designed, installed, implemented and 

maintained to: 

1. Minimize the discharge of 

pollutants from equipment and vehicle 

washing, wheel wash water, and other 

wash waters. Wash waters must be 

treated in a sediment basin or 

alternative control that provides 

equivalent or better treatment prior to 

discharge; 

2. Minimize the exposure of building 

materials, building products, 

construction wastes, trash, landscape 

materials, fertilizers, pesticides, 

herbicides, detergents, sanitary waste 

and other materials present on the site 

to precipitation and to stormwater. 

Minimization of exposure is not 

required in cases where the exposure to 

precipitation and to stormwater will not 

result in a discharge of pollutants, or 

where exposure of a specific material or 

product poses little risk of stormwater 

contamination (such as final products 

and materials intended for outdoor use); 

and 

3. Minimize the discharge of 

pollutants from spills and leaks and 

implement chemical spill and leak 

prevention and response procedures. 

• Prohibited Discharges—The 

following discharges from C&D sites are 

prohibited: 

1. Wastewater from washout of 

concrete, unless managed by an 

appropriate control; 

2. Wastewater from washout and 

cleanout of stucco, paint, form release 

oils, curing compounds and other 

construction materials; 

3. Fuels, oils, or other pollutants used 

in vehicle and equipment operation and 

maintenance; and 

4. Soaps or solvents used in vehicle 

and equipment washing. 

• Surface Outlets—When discharging 

from basins and impoundments, 

permittees are required to utilize outlet 

structures that withdraw water from the 

surface, unless infeasible. 

The fact sheet details how EPA has 

incorporated these requirements into 

the draft permit. The discussion in the 

fact sheet includes a summary of each 

provision and the Agency’s rationale for 

articulating the provision in this way. 

B. Water Quality-Based Effluent Limits 

(WQBELs) 

EPA’s regulations at 40 CFR 

122.44(d)(1) require permitting 

authorities to include additional or 

more stringent permit requirements 

when necessary to achieve water quality 

standards. The 2012 CGP contained 

several provisions to protect water 

quality and the draft permit includes 

those same provisions. It includes a 

narrative WQBEL requiring that 

discharges be controlled as necessary to 

meet applicable water quality standards. 

Failure to control discharges in a 

manner that meets applicable water 

quality standards will be a violation of 

the permit. 

In addition to the narrative WQBEL, 

the draft permit contains related 

provisions that act together to further 

protect water quality. These provisions 

were also included in the 2012 CGP. For 

example, the draft permit requires 

permittees to implement stormwater 

control measures and to take corrective 

action in response to any exceedance of 

applicable water quality standards. To 

provide further protection, the draft 

permit requires more stringent site 

inspection frequencies and stabilization 

deadlines for constructions sites that 

discharge to sensitive waters, such as 

those waters that are sediment or 

nutrient-impaired, which are parameters 

typically associated with stormwater 

discharges from construction sites, or 

waters identified by a state, tribe, or 

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Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices 21333 

EPA as requiring enhanced protection 

under antidegradation requirements. 

Additionally, EPA expects that, as with 

the 2012 CGP, the Agency will receive 

CWA Section 401 certifications for the 

final 2017 CGP. Some of those 

certifications may include additional 

conditions that are required by states, 

Indian country lands, and territories, 

that become legally binding permit 

limits and conditions in specific 

geographic areas where the permit is 

available. 

C. Summary of Proposed Permit 

Changes 

EPA proposes to make several 

modifications to the 2012 CGP, which 

are summarized below and discussed in 

more detail in the fact sheet. EPA also 

specifically requests comment on 

several potential permit modifications, 

which are summarized in Section III.D 

below. The fact sheet for the draft 

permit explains in more detail each 

proposed permit condition and the 

rationale for including those conditions 

and any changes to those conditions. 

The fact sheet and draft permit can be 

found at https://www.epa.gov/npdes/

stormwater-discharges-constructionactivities. The following list summarizes 

these specific permit modifications, and 

where they are included in the draft 

permit. 

1. Streamlining of permit—EPA 

proposes to streamline and simplify 

language throughout the draft permit to 

present requirements in a generally 

more clear and readable manner. This 

structure should enhance the 

permittees’ understanding of and 

compliance with the permit’s 

requirements. For example, EPA moved 

language that was not necessary in the 

permit to the relevant appendix or to the 

fact sheet. Although the draft permit has 

been streamlined from prior permits, 

many of the requirements remain 

unchanged. 

2. Revisions consistent with the C&D 

ELG, as amended— EPA proposes to 

make minor revisions to the technologybased effluent limits in the permit to 

implement the March 6, 2014 

amendments to the Construction and 

Development Effluent Guidelines and 

Standards (the ‘‘C&D rule’’) at 40 CFR 

part 450 (see section III.A. of this notice 

on Technology-Based Effluent Limits). 

The 2012 CGP already incorporated the 

original C&D rule requirements and the 

draft permit makes the necessary 

revisions to the language based on the 

rule amendments, but does not add any 

new requirements. These revisions 

include clarifying the applicability of 

requirements to control erosion caused 

by discharges, providing additional 

details on areas where buffers are 

required, and clarifying requirements 

for soil stabilization, preservation of 

topsoil, and pollution prevention 

measures. 

3. Authorized non-stormwater 

discharges—EPA currently authorizes 

several non-stormwater discharges 

associated with construction activity 

under the 2012 CGP. EPA proposes in 

the draft permit to require that 

authorized non-stormwater discharges 

of external building washdown waters 

must not contain hazardous substances, 

such as paint or caulk containing 

polychlorinated biphenyls (PCBs). Part 

1.2.2. 

4. Public notice of permit coverage— 

The current 2012 CGP requires that 

permittees post a sign or other public 

notice of permit coverage at a safe, 

publicly accessible location in close 

proximity to the construction site. EPA 

proposes in the draft permit that this 

notice must also include information 

informing the public on how to contact 

EPA if stormwater pollution is observed 

in the discharge. EPA is proposing to 

require this condition to improve 

compliance with the permit. Part 1.5. 

5. Stockpiles and land clearing debris 

piles—The current 2012 CGP requires 

that cover or appropriate temporary 

stabilization be provided for any 

stockpiles ‘‘where practicable.’’ EPA 

proposes in the draft permit to require 

cover or appropriate temporary 

stabilization for all inactive stockpiles 

and land clearing debris piles for those 

piles that will be unused for 14 or more 

days. This provision is consistent with 

the permit’s stabilization requirements 

in Part 2.2.14 of the draft permit. EPA 

is proposing this change to ensure 

pollutants are minimized from these 

piles, but is clarifying that the 

requirement only applies where these 

piles are not actively being used. Part 

2.2.5. 

6. Construction and domestic waste— 

EPA proposes in the draft permit to 

require waste container lids to be kept 

closed when not in use, or, for waste 

containers that do not have lids and 

could leak, EPA proposes to require 

cover or a similarly effective means to 

be provided to minimize the discharge 

of pollutants. EPA proposes this change 

to make the requirements for 

construction and domestic waste 

consistent with the cover requirements 

for most other types of materials and 

wastes in the 2012 CGP. Part 2.3.3. 

7. Pollution prevention requirements 

for demolition activities—EPA proposes 

in the draft permit a requirement to 

implement controls to minimize the 

exposure of polychlorinated biphenyl- 

(PCB) containing building materials to 

precipitation and stormwater associated 

with the demolition of structures with at 

least 10,000 square feet of floor space 

built or renovated before January 1, 

1980. In addition, EPA proposes to 

require information about the 

demolition location and associated 

pollutants to be documented in the 

SWPPP. Part 2.3.3. 

8. Reporting information on 

construction activities—EPA proposes 

to require a question on the NOI form 

asking for the type of construction 

activities that will occur on the site. See 

draft Appendix J. 

D. Provisions for Which EPA is 

Soliciting Comment 

While EPA encourages the public to 

review and comment on all provisions 

in the draft permit, EPA has included in 

the body of the draft permit several 

provisions on which EPA specifically 

requests feedback. The following list 

summarizes these specific requests for 

comment, and where they are included 

in the permit: 

1. Group SWPPP for multiple 

operators—Request for comment on 

whether the permit should include a 

provision for sites with multiple 

operators requiring those operators to 

develop a group SWPPP. Part 1.1.1. 

2. Authorized non-stormwater 

discharges—Request for comment on 

whether to require that authorized nonstormwater discharges of external 

building washdown waters must not 

contain hazardous substances. Part 

1.2.2. 

3. Stabilization deadlines—Request 

for comment on modifying the deadline 

to complete stabilization to seven (7) 

calendar days for all sites. Part 2.2.14. 

4. Controls for dewatering 

discharges—Request for comment on 

additional controls or requirements EPA 

should consider to ensure that 

discharges of pollutants in construction 

dewatering discharges are minimized. 

Part 2.4. 

5. Site inspection frequency—Request 

for comment on modifying the 

minimum site inspection frequency. 

Part 4.2.2. 

6. Snowmelt discharge inspection 

frequency—Request for comment on the 

frequency of inspections that should be 

required for discharge events with 

snowmelt runoff. Part 4.2.2. 

7. Availability of Stormwater 

Pollution Prevention Plan (SWPPP)— 

Request for comment on requiring 

operators to make the SWPPP, or a 

portion of the SWPPP, publicly 

available. Part 7.3. 

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21334 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices 

IV. Analysis of Economic Impacts 

EPA expects the economic impact on 

entities that will be covered under this 

permit, including small businesses, to 

be minimal. A copy of EPA’s economic 

analysis, titled ‘‘Cost Impact Analysis 

for the 2017 Proposed Construction 

General Permit (CGP),’’ is available in 

the docket for this draft permit. The 

economic impact analysis indicates that 

while there may be some incremental 

increase in the costs of complying with 

the new permit, these costs will not 

have a significant economic impact on 

a substantial number of small entities. 

V. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

The draft permit is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

VI. Compliance with the National 

Environmental Policy Act (NEPA) for 

the National Pollutant Discharge 

Elimination System (NPDES) General 

Permit for Discharges From 

Construction Activities 

Pursuant to the National 

Environmental Policy Act (NEPA) (42 

U.S.C. 4321–4307h), the Council on 

Environmental Quality’s NEPA 

regulations (40 CFR part 15), and EPA’s 

regulations for implementing NEPA (40 

CFR part 6), EPA has determined that 

the 2017 reissuance of the CGP is 

eligible for a categorical exclusion 

requiring documentation under 40 CFR 

6.204(a)(1)(iv). This category includes 

‘‘actions involving reissuance of a 

NPDES permit for a new source 

providing the conclusions of the 

original NEPA document are still valid, 

there will be no degradation of the 

receiving waters, and the permit 

conditions do not change or are more 

environmentally protective.’’ EPA 

completed an Environmental 

Assessment/Finding of No Significant 

Impact (EA/FONSI) for the existing 2012 

CGP. The analysis and conclusions 

regarding the potential environmental 

impacts, reasonable alternatives, and 

potential mitigation included in the EA/ 

FONSI are still valid for the 2017 

reissuance of the CGP because the 

proposed permit conditions are either 

the same or in some cases are more 

environmentally protective. Actions 

may be categorically excluded if the 

action fits within a category of action 

that is eligible for exclusion and the 

proposed action does not involve any 

extraordinary circumstances. EPA has 

reviewed the proposed action and 

determined that the 2017 reissuance of 

the CGP does not involve any 

extraordinary circumstances listed in 

6.204(b)(1) through (b)(10). Prior to the 

issuance of the final 2017 CGP, the EPA 

Responsible Official will document the 

application of the categorical exclusion 

and will make it available to the public 

on EPA’s Web site at https://

cdxnodengn.epa.gov/cdx-enepa-public/

action/nepa/search. If new information 

or changes in the draft permit involve or 

relate to at least one of the extraordinary 

circumstances or otherwise indicate that 

the permit may not meet the criteria for 

categorical exclusion, EPA will prepare 

an EA or Environmental Impact 

Statement (EIS). 

VII. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 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. 

EPA has determined that this draft 

permit will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because the 

requirements in the draft permit apply 

equally to all construction projects that 

disturb one or more acres in areas where 

EPA is the permitting authority, and the 

erosion and sediment control proposed 

provisions increase the level of 

environmental protection for all affected 

populations. 

VIII. Executive Order 13175: 

Consultation and Coordination With 

Indian Tribal Governments 

In compliance with Executive Order 

13175, EPA has consulted with tribal 

officials to gain an understanding of 

and, where necessary, to address the 

tribal implications of the draft permit. In 

the course of this consultation, EPA 

conducted the following activities: 

• August 5, 2015—EPA mailed 

notification letters to all Tribal leaders, 

initiating consultation and coordination 

on the draft permit. The consultation 

period was from August 17, 2015 to 

October 13, 2015. 

• August 11, 2015—EPA presented a 

brief overview of the current CGP and 

information regarding the upcoming 

consultation to the National Tribal 

Caucus. 

• August 12, 2015—EPA presented a 

brief overview of the current CGP and 

information regarding the upcoming 

consultation to the National Tribal 

Water Council. 

• September 22, 2015—EPA held a 

consultation teleconference call; 18 

Tribes were represented. EPA 

responded to the general questions 

raised on the call. 

• On October 14, 2015, EPA received 

one set of comments from a Tribe in the 

State of Washington. EPA has started 

evaluation of the comments and will 

consider them moving forward; EPA 

will respond to the formal comments 

submitted in writing during the 

comment period in the Agency’s final 

action. 

• EPA will provide email notification 

to Tribes of today’s proposal of the draft 

permit, and invite those interested to 

provide the Agency with comments. 

EPA also notes that as part of the 

finalization of this draft permit, it will 

complete the Section 401 certification 

procedures with all applicable tribes 

where this permit will apply (see 

Appendix B). 

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

et seq. 

Dated: March 29, 2016. 

H. Curtis Spalding, 

Regional Administrator, EPA Region 1. 

Dated: March 29, 2016. 

Joan Leary Matthews 

Director, Clean Water Division, EPA Region 

2. 

Dated: March 29, 2016. 

Jose C. Font 

Director, Caribbean Environmental Protection 

Division, EPA Region 2. 

Dated: March 29, 2016. 

Jon M. Capacasa, 

Director, Water Protection Division, EPA 

Region 3. 

Dated: March 29, 2016. 

James D. Giattina, 

Director, Water Protection Division, EPA 

Region 4. 

Dated: March 29, 2016. 

Tinka G. Hyde 

Director, Water Division, EPA Region 5. 

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Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices 21335 

Dated: March 29, 2016. 

David Garcia, 

Deputy Director, Water Division, EPA Region 

6. 

Dated: March 29, 2016. 

Karen Flournoy, 

Director, Water, Wetlands, and Pesticides 

Division, EPA Region 7. 

Dated: March 29, 2016. 

Darcy O’Connor, 

Acting Assistant Regional Administrator, EPA 

Region 8. 

Dated: March 29, 2016. 

Mike Montgomery 

Assistant Director, Water Division, EPA 

Region 9. 

Dated: March 29, 2016. 

Daniel D. Opalski, 

Director, Office of Water and Watersheds, 

EPA Region 10. 

[FR Doc. 2016–08276 Filed 4–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0316; FRL–9944–37] 

Tetrachlorvinphos (TCVP); EPA 

Proposal To Rely on Data From Human 

Research on TCVP Exposure From 

Flea Control Collars 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with EPA’s 

rule for protection of human subjects, 

EPA is providing an opportunity for 

public comment on EPA’s proposal to 

rely on data from human research on 

tetrachlorvinphos (TCVP) exposure from 

flea control collars. 

DATES: Comments must be received on 

or before May 11, 2016. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2008–0316, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

information on EPA’s Rule for 

Protection of Human Subjects contact: 

Maureen Lydon, Human Research 

Ethics Review Officer, Office of 

Pesticide Programs (7501P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–0440; email address: 

lydon.maureen@epa.gov. 

For information on the EPA risk 

assessment contact: James Parker, 

Chemical Review Manager, Pesticide 

Re-Evaluation Division (7508P), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (703) 306–0469; 

email address: parker.james@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action is directed to the public 

in general, and may be of interest to a 

wide range of stakeholders including 

environmental, human health, farm 

worker, and agricultural advocates; the 

chemical industry; pesticide users; and 

members of the public interested in the 

sale, distribution, or use of pesticides. 

Since others also may be interested, the 

Agency has not attempted to describe all 

the specific entities that may be affected 

by this action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult a contact 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When preparing and submitting your 

comments, see the commenting tips at 

http://www.epa.gov/dockets/

comments.html. 

3. Environmental justice. EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. To help 

address potential environmental justice 

issues, the Agency seeks information on 

any groups or segments of the 

population who, as a result of their 

location, cultural practices, or other 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticides 

discussed in this document, compared 

to the general population. 

II. Authority 

EPA is conducting its registration 

review of TCVP pursuant to section 3(g) 

of the Federal Insecticide, Fungicide, 

and Rodenticide Act (FIFRA), 7 U.S.C. 

136 et seq., and the Procedural 

Regulations for Registration Review at 

40 CFR part 155, subpart C. Section 3(g) 

of FIFRA provides, among other things, 

that the registrations of pesticides are to 

be reviewed every 15 years. Under 

FIFRA, a pesticide product may be 

registered or remain registered only if it 

meets the statutory standard for 

registration given in FIFRA section 

3(c)(5) (7 U.S.C. 136a(c)(5)). When used 

in accordance with widespread and 

commonly recognized practice, the 

pesticide product must perform its 

intended function without unreasonable 

adverse effects on the environment; that 

is, without any unreasonable risk to 

man or the environment, or a human 

dietary risk from residues that result 

from the use of a pesticide in or on food. 

III. EPA’s Proposal To Rely on 

Published TCVP Human Research 

During the public meeting of the 

Human Studies Review Board (HSRB) 

held on January 12–13, 2016, EPA’s 

Office of Pesticide Programs provided 

an overview and science and ethics 

review of the research discussed in the 

article ‘‘Assessing Intermittent Pesticide 

Exposure From Flea Control Collars 

Containing the Organophosphorus 

Insecticide Tetrachlorvinphos (TCVP).’’ 

This research article was authored by M. 

Keith Davis, J. Scott Boone, John E. 

Moran, John W. Tyler and Janice E. 

Chambers and published in 2008 in the 

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