83120 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Notices 

the agency’s approach to encourage 

increased Opportunity Zone funds 

investment alongside existing EPA 

funding tools, and improving the 

availability of public and private 

sources of funding for stormwater 

infrastructure. 

The Board meets either in-person or 

virtually two times each calendar year 

(two days per meeting) at different 

locations within the continental United 

States. In addition to the bi-annual 

meetings, additional virtual meetings 

may be held during the year to ensure 

timely completion of the Board’s work. 

Board members typically contribute 

approximately 3 to 8 hours per month 

to the activities of the Board. This 

includes participation on one or more of 

the Board’s active workgroups. Members 

serve on the Board without 

compensation; however, Board members 

may receive travel and per diem 

allowances where appropriate and in 

accordance with Federal travel 

regulations. 

Members are appointed to represent 

the perspective of specific 

organizations, associations, or groups of 

persons (Representative members), or to 

provide their individual expertise 

(Special Government Employee, or SGE, 

members). Candidates invited to serve 

as SGE members will be asked to submit 

the ‘‘Confidential Financial Disclosure 

Form for Special Government 

Employees Serving on Federal Advisory 

Committees at the U.S. Environmental 

Protection Agency’’ (EPA Form 3110– 

48). This confidential form allows EPA 

to determine whether there is a statutory 

conflict between that person’s public 

responsibilities as an SGE member and 

private interests and activities, or the 

appearance of a loss of impartiality as 

defined by Federal regulation. The form 

may be viewed at https://www.epa.gov/ 

waterfinancecenter/efab, but this form 

should not be submitted as part of a 

nomination. 

Experience and Expertise Sought for 

the EFAB: The Board seeks to maintain 

diverse representation across all 

workforce sectors (state/local/tribal 

government, business (industry and 

finance), and nonprofit organizations) 

and geographic regions of the United 

States. Nominees should demonstrate 

experience in environmental finance 

and/or reducing the cost of financing 

environmental protection in various 

environmental media (e.g., air, energy, 

land, and water). Experience and 

expertise sought include, but are not 

limited to, the following areas: 

commercial banking; environmental and 

financial resiliency; environmental 

financing including sector-specific 

experience; environmental justice; 

environmental, social, and corporate 

governance; environmental equity 

financing; Federal investments in 

environmental financing; green banking; 

infrastructure financing; insurance 

markets; local utility management and 

finance; public-public and publicprivate partnerships; regulators; 

resource conservation; sustainable 

community partnerships; and 

sustainable economies. 

In accordance with Executive Order 

14035 (June 25, 2021) and consistent 

with law, EPA values and welcomes 

opportunities to increase diversity, 

equity, inclusion, and accessibility on 

its Federal advisory committees. EPA’s 

Federal advisory committees strive to 

have a workforce that reflects the 

diversity of the American people. 

Nominee qualifications will be assessed 

under the mandates of the FACA, which 

requires that committees be balanced in 

terms of the points of view represented 

and the functions to be performed; for 

the Board, this balance includes 

diversity across a broad range of 

constituencies, sectors, and groups. In 

addition to this notice, other sources 

may be utilized in the solicitation of 

nominees. 

How to Submit Nominations: Any 

interested person or organization may 

nominate qualified person(s) to be 

considered for appointment to the 

EFAB. Individuals may self-nominate. 

Nominations should be submitted via 

email to efab@epa.gov. Nominations 

should include the following 

information: Contact information for the 

person making the nomination; contact 

information for the nominee (if 

different), including full name and title, 

business mailing address, telephone, 

and email address; the specific areas of 

experience or expertise of the nominee; 

the nominee’s curriculum vitae or 

resume; and a biographical sketch of the 

nominee indicating current position and 

recent service on other Federal advisory 

committees or national professional 

organizations. A supporting letter of 

endorsement is encouraged, but not 

required. 

Evaluation Criteria: The following 

criteria will be used to evaluate 

nominees: Residence in the United 

States; professional knowledge of, and 

experience with, environmental 

financing activities; senior-level 

experience that fills a gap in Board 

representation or brings a new and 

relevant dimension to its deliberations; 

demonstrated ability to work in a 

consensus-building process with a wide 

range of representatives from diverse 

constituencies; and willingness to serve 

a two or three-year term as an active and 

contributing member, with possible 

reappointment to a second term. 

Andrew D. Sawyers, 

Director, Office of Wastewater Management, 

Office of Water. 

[FR Doc. 2023–26096 Filed 11–27–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2023–0268; FRL [10613–01– 

OW] 

Draft National Pollutant Discharge 

Elimination System (NPDES) Pesticide 

General Permit for Point Source 

Discharges From the Application of 

Pesticides; Reissuance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of draft permit and 

request for public comment. 

SUMMARY: All ten Environmental 

Protection Agency (EPA) Regions are 

proposing for public comment the draft 

2026 National Pollutant Discharge 

Elimination System (NPDES) Pesticide 

General Permit (PGP)—the draft 2026 

PGP. The draft 2026 PGP covers point 

source discharges from the application 

of pesticides to waters of the United 

States. Once finalized, the draft 2026 

PGP will replace the existing permit, the 

2021 PGP, which was issued for a fiveyear term in the Federal Register on 

October 31, 2021, and expires October 

31, 2026, at midnight. The draft 2026 

PGP largely has the same conditions and 

requirements as EPA’s previously issued 

PGPs, and would authorize certain point 

source discharges from the application 

of pesticides to waters of the United 

States in accordance with the terms and 

conditions described therein. EPA 

proposes to issue this permit for five (5) 

years in all areas of the country where 

EPA is the NPDES permitting authority. 

EPA solicits public comment on all 

aspects of the draft 2026 PGP. This 

Federal Register document describes 

the draft 2026 PGP in general and seeks 

comment as described in Section III.C of 

this document. The Fact Sheet 

accompanying the permit contains 

supporting documentation. EPA 

encourages the public to read the Fact 

Sheet to better understand the draft 

2026 PGP. 

DATES: Written comments on the draft 

2026 PGP must be received by January 

12, 2024. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OW–2023–0268, by any of the following 

methods: 


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Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Notices 83121 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Office of Water Docket, Mail Code 

28221T, 1200 Pennsylvania Avenue 

NW, Washington, DC 20460. 

• Hand Delivery or Courier: EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

a.m. to 4:30 p.m., Monday through 

Friday (except Federal Holidays). 

Instructions: All submissions received 

must include the Docket ID No. EPA– 

HQ–OW–2023–0268. Comments 

received may be posted without change 

to https://www.regulations.gov/, 

including any personal information 

provided. For detailed instructions on 

sending comments and additional 

information on the rulemaking process, 

see the ‘‘Public Participation’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Contact the appropriate EPA Regional 

office listed in Section I.D of this 

document, email PGP@epa.gov, or 

contact Lauren Mosesso, EPA 

Headquarters, Office of Water, Office of 

Wastewater Management (4203M), 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460; telephone number: 202–564– 

1012; email address: mosesso.lauren@

epa.gov. Electronic versions of the draft 

2026 PGP and Fact Sheet are also 

available on EPA’s NPDES website at 

https://www.epa.gov/npdes/pesticidepermitting. 

SUPPLEMENTARY INFORMATION: This 

section is organized as follows: 

Table of Contents 

I. General Information 

A. Does this action apply to me? 

B. Public Participation 

C. Finalizing the Draft 2026 PGP 

D. Who are the EPA regional contacts for 

this draft permit? 

II. Background 

III. Scope and Applicability 

A. Geographic Coverage 

B. Categories of Pesticide Use-Patterns 

Covered 

C. Summary of the Permit and Changes 

From the 2021 PGP 

IV. Cost Impacts of the Draft 2026 PGP 

V. Statutory and Executive Orders Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulations and 

Regulatory Review 

B. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations and Executive Order 14096: 

Revitalizing Our Nation’s Commitment 

to Environmental Justice for All 

C. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

I. General Information 

A. Does this action apply to me? 

You may be affected by this action if 

you apply pesticides under the use 

patterns in section III.B of this 

document that result in a discharge to 

waters of the United States in one of the 

geographic areas identified in section 

III.A of this document. Potentially 

affected entities, as categorized in the 

North American Industry Classification 

System (NAICS), may include, but are 

not limited to: 

TABLE 1—ENTITIES POTENTIALLY REGULATED BY THE DRAFT 2026 PGP 

Category NAICS Examples of potentially affected entities 

Agricultural entities—General agricultural interests, farmers/producers, forestry, and irrigation.111 Crop Production ................... Producers of crops mainly for food and fiber, including farms, orchards, groves, greenhouses, and nurseries that have irrigation 

ditches requiring pest control. 

113110 Timber Tract Operations The operation of timber tracts for the purpose of selling standing timber. 

113210 Forest Nurseries Gathering of Forest Products.Growing trees for reforestation and/or gathering forest products, such 

as gums, barks, balsam needles, rhizomes, fibers, Spanish moss, 

ginseng, and truffles. 

221310 Water Supply for Irrigation.Operating irrigation systems. 

Pesticide parties (includes pesticide 

manufacturers, other pesticide 

users/interests, and consultants).

325320 Pesticide and Other Agricultural Chemical Manufacturing.Formulation and preparation of agricultural pest control chemicals. 

Public health parties (includes mosquito or other vector control districts and commercial applicators 

that service these). Resource 

management parties (includes 

State departments of fish and 

wildlife, State departments of 

pesticide regulation, State environmental agencies, and universities).

923120 Administration of Public 

Health Programs.

924110 Administration of Air and 

Water Resource and Solid 

Waste Management Programs.

924120 Administration of Conservation Programs.

Government establishments primarily engaged in the planning, administration, and coordination of public health programs and services, including environmental health activities. 

Government establishments primarily engaged in the administration, 

regulation, and enforcement of air and water resource programs; 

the administration and regulation of water and air pollution control 

and prevention programs; the administration and regulation of flood 

control programs; the administration and regulation of drainage development and water resource consumption programs; and coordination of these activities at intergovernmental levels. 

Government establishments primarily engaged in the administration, 

regulation, supervision and control of land use, including recreational areas; conservation and preservation of natural resources; erosion control; geological survey program administration; 

weather forecasting program administration; and the administration 

and protection of publicly and privately owned forest lands. Government establishments responsible for planning, management, 

regulation and conservation of game, fish, and wildlife populations, 

including wildlife management areas and field stations; and other 

administrative matters relating to the protection of fish, game, and 

wildlife are included in this industry. 

Utility parties (includes utilities) ....... 221 Utilities .................................. Provide electric power, natural gas, steam supply, water supply, and 

sewage removal through a permanent infrastructure of lines, 

mains, and pipes. 


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B. Public Participation 

1. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OW–2023– 

0268, at https://www.regulations.gov 

(our preferred method), or the other 

methods identified in the ADDRESSES

section. Once submitted, comments 

cannot be edited or removed from the 

docket. EPA may publish any comment 

received to its public docket. Do not 

submit to EPA’s docket at https://

www.regulations.gov any information 

you consider to be Confidential 

Business Information (CBI), Proprietary 

Business Information (PBI), or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). Please visit https://

www.epa.gov/dockets/commenting-epadockets for additional submission 

methods; the full EPA public comment 

policy; information about CBI, PBI, or 

multimedia submissions; and general 

guidance on making effective 

comments. 

2. Will public hearings be held on this 

action? 

EPA has not scheduled any public 

hearings to receive public comment 

concerning the draft 2026 PGP. 

However, interested persons may 

request a public hearing concerning the 

draft 2026 PGP pursuant to 40 CFR 

124.12. Requests for a public hearing 

must be sent or delivered in writing to 

the same address as provided above for 

public comments prior to the close of 

the comment period. Requests for a 

public hearing must state the nature of 

the issues proposed to be raised in the 

hearing. Pursuant to 40 CFR 124.12, 

EPA shall hold a public hearing if it 

finds, on the basis of requests, a 

significant degree of public interest in a 

public hearing on the draft 2026 PGP. If 

EPA decides to hold a public hearing, a 

public notice of the date, time, and 

place of the hearing will be made at 

least 30 days prior to the hearing. Any 

person may provide written or oral 

statements and data pertaining to the 

draft 2026 PGP at any such public 

hearing. 

C. Finalizing the Draft 2026 PGP 

EPA intends to issue a final 2026 PGP 

on or prior to December 17, 2024, a 

condition of the Settlement Agreement 

in Center for Biological Diversity v. EPA 

and FWS, No. 21–71306 (9th Cir.). The 

final 2026 PGP will be issued after all 

public comments received during the 

public comment period have been 

considered and any appropriate changes 

are made to the draft 2026 PGP. EPA 

will include its response to significant 

comments received in the docket as part 

of the final permit decision. Once the 

final 2026 PGP becomes effective on 

October 31, 2026, eligible Operators 

may seek authorization under the new 

PGP as outlined in the permit. To 

ensure uninterrupted permit coverage 

from the 2021 PGP to the 2026 PGP, 

Operators who are required to submit a 

Notice of Intent (NOI) must submit their 

NOI for coverage under the new permit 

prior to discharge as outlined in the 

permit (e.g., no later than 10 or 30 days 

before discharge). See Part 1.2.4 of the 

draft 2026 PGP. 

D. Who are the EPA regional contacts 

for this draft permit? 

For EPA Region 1, contact George 

Papadopoulos at tel.: (617) 918–1579; or 

email at papadopoulos.george@epa.gov. 

For EPA Region 2, contact Sergio 

Bosques at tel.: (787) 977–5838 or 

bosques.sergio@epa.gov. 

For EPA Region 3, contact Carissa 

Moncavage at tel.: (215) 814–5798; or 

email at moncavage.carissa@epa.gov. 

For EPA Region 4, contact Sam 

Sampath at tel.: (404) 562–9229; or 

email at sampath.sam@epa.gov. 

For EPA Region 5, contact John 

Colletti at tel.: (312) 886–6106; or email 

at colletti.john@epa.gov. 

For EPA Region 6, contact William F. 

Cooper at tel.: (214) 665–6443 or email 

at cooper.williamf@epa.gov. 

For EPA Region 7, contact Alex 

Owutaka at tel.: (913) 551–7584 or email 

at: owutaka.alex@epa.gov. 

For EPA Region 8, contact Margaret 

Kennedy at tel.: (303) 312–6644 or email 

at: kennedy.margaret@epa.gov. 

For EPA Region 9, contact Prasad 

Gullapalli at tel.: (415) 972–3406 or 

email at: Gullapalli.Prasad@epa.gov. 

For EPA Region 10, contact Bilin Basu 

at tel.: (206) 553–0029 or email at: 

basu.bilin@epa.gov. 

II. Background 

Section 301(a) of the CWA provides 

that ‘‘the discharge of any pollutant by 

any person shall be unlawful’’ unless 

the discharge is in compliance with 

certain other sections of the Act. 33 

U.S.C. 1311(a). The CWA defines 

‘‘discharge of a pollutant’’ as ‘‘(A) any 

addition of any pollutant to navigable 

waters from any point source and (B) 

any addition of any pollutant to the 

waters of the contiguous zone or the 

ocean from any point source other than 

a vessel or other floating craft.’’ 33 

U.S.C. 1362(12). A ‘‘point source’’ is any 

‘‘discernible, confined and discrete 

conveyance’’ but does not include 

‘‘agricultural stormwater discharges and 

return flows from irrigated agriculture.’’ 

1362(14). The term ‘‘pollutant’’ includes 

among other things ‘‘garbage . . . 

chemical wastes, biological materials 

. . . and industrial, municipal, and 

agricultural waste discharged into 

water.’’ 33 U.S.C. 1362(6). 

A person may discharge a pollutant 

without violating the Section 301 

prohibition by obtaining authorization 

to discharge (referred to herein as 

‘‘coverage’’) under a Section 402 NPDES 

permit (33 U.S.C. 1342). Under Section 

402(a), EPA may ‘‘issue a permit for the 

discharge of any pollutant, or 

combination of pollutants, 

notwithstanding Section 1311(a)’’ upon 

meeting certain conditions required by 

the Act. 

EPA issued the first Pesticide General 

Permit (‘‘2011 PGP’’) on October 31, 

2011, in response to the United States 

Sixth Circuit Court of Appeals ruling 

vacating EPA’s 2006 Final Rule on 

Aquatic Pesticides. National Cotton 

Council of America. v. EPA, 553 F.3d 

927 (6th Cir. 2009). EPA developed the 

PGP to control point source discharges 

of biological pesticides and chemical 

pesticides that leave a residue into 

waters of the United States. The PGP 

provides coverage for certain point 

source discharges of pollutants to waters 

of the United States in areas where EPA 

is the permitting authority. In 2016, EPA 

issued the second PGP (‘‘2016 PGP’’) 

and, in 2021, issued the third PGP 

(‘‘2021 PGP’’). In October 2021, the 

Center for Biological Diversity filed a 

petition in the U.S. Court of Appeals for 

the Ninth Circuit challenging EPA’s 

issuance of the 2021 PGP. The petition 

alleged that EPA failed to comply with 

the CWA in issuing the 2021 PGP, and 

that EPA and the U.S. Fish and Wildlife 

Service (FWS) failed to comply with the 

Endangered Species Act (ESA) in 

issuing the 2021 PGP. A Settlement 

Agreement in Center for Biological 

Diversity v. EPA and FWS, No. 21– 

71306 (9th Cir.) was finalized on July 

25, 2023. The settlement agreement 

committed EPA (1) to initiate formal 

ESA consultation on the draft 2026 PGP 

by February 1, 2024; (2) to propose 

certain revisions to the monitoring and 

recordkeeping provisions for public 

comment when proposing the draft 2026 

PGP; and (3) to issue the 2026 PGP on 

or before December 17, 2024. 


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III. Scope and Applicability 

A. Geographic Coverage 

EPA provides permit coverage for 

classes of point source discharges of 

pollutants that occur in areas where 

EPA is the NPDES permitting authority. 

The geographic coverage of the draft 

2026 PGP is listed in Appendix C of the 

permit. 

B. Categories of Pesticide Use-Patterns 

Covered 

The draft 2026 PGP has largely the 

same requirements and conditions as 

the 2021 PGP and regulates the same 

discharges of pollutants to waters of the 

United States from the application of (1) 

biological pesticides, and (2) chemical 

pesticides that leave a residue. The draft 

2026 PGP applies to the following same 

pesticide use patterns: 

• Mosquito and Other Flying Insect Pest 

Control 

• Weed and Algae Pest Control 

• Animal Pest Control 

• Forest Canopy Pest Control 

The scope of activities encompassed 

by these pesticide use patterns is 

described in greater detail in Part III.1.1 

of the Fact Sheet for the draft 2026 PGP. 

C. Summary of the Permit and Changes 

From the 2021 PGP 

Once effective, the final 2026 PGP 

will replace the 2021 PGP, which 

became effective for a five-year term on 

October 31, 2021 (86 FR 51665), and 

expires October 31, 2026, at midnight. 

The draft 2026 PGP is largely similar to 

the 2021 PGP, and is structured in the 

same nine parts: (1) Coverage Under 

This Permit, (2) Technology-Based 

Effluent Limitations, (3) Water QualityBased Effluent Limitations, (4) 

Monitoring, (5) Pesticide Discharge 

Management Plan, (6) Corrective Action, 

(7) Recordkeeping and Annual 

Reporting, (8) EPA Contact Information 

and Mailing Addresses, and (9) Permit 

Conditions Applicable to Specific States 

(including Territories) and Indian 

Country. Additionally, as with the 2021 

PGP, the draft 2026 PGP includes nine 

appendices with additional conditions 

and guidance for permittees: (A) 

Definitions, Abbreviations, and 

Acronyms, (B) Standard Permit 

Conditions, (C) Areas Covered, (D) 

Notice of Intent (NOI) form, (E) Notice 

of Termination (NOT) form, (F) 

Pesticide Discharge Evaluation 

Worksheet (PDEW), (G) Annual 

Reporting Template, (H) Adverse 

Incident Report Template, and (I) 

Endangered Species Procedures. 

The following is a summary of the 

draft 2026 PGP’s proposed 

requirements: 

• The PGP defines ‘‘Operator’’ (i.e., 

the entity required to obtain NPDES 

permit coverage for discharges) to 

include any (a) Applicator who 

performs the application of pesticides or 

has day-to-day control of the application 

of pesticides that results in a discharge 

to waters of the United States, or (b) 

Decision-maker who controls any 

decision to apply pesticides that results 

in a discharge to waters of the United 

States. There may be instances when a 

single entity acts as both an Applicator 

and a Decision-maker. 

• All Applicators are required to 

minimize pesticide discharges by using 

only the amount of pesticide and 

frequency of pesticide application 

necessary to control the target pest, 

maintain pesticide application 

equipment in proper operating 

condition, control discharges as 

necessary to meet applicable water 

quality standards, and monitor for and 

report any adverse incidents. 

• All Decision-makers are required, to 

the extent not determined by the 

Applicator, to minimize pesticide 

discharges by using only the amount of 

pesticide and frequency of pesticide 

application necessary to control the 

target pest. All Decision-makers are also 

required to control discharges as 

necessary to meet applicable water 

quality standards and monitor for and 

report any adverse incidents. 

• Certain Decision-makers are 

required also to submit an NOI to obtain 

authorization to discharge and to 

implement pest management options to 

reduce the discharge of pesticides to 

waters of the United States. These 

Decision-makers are: agencies for which 

pest management for land resource 

stewardship is an integral part of the 

organization’s operations; entities with a 

specific responsibility to control pests 

(e.g., mosquito and weed control 

districts); local governments or other 

entities that apply pesticides in excess 

of specified annual treatment area 

thresholds; and entities that discharge 

pesticides to Tier 3 waters (Outstanding 

National Resource Waters, 40 CFR 

131.12(a)(3)) or to waters of the United 

States containing Fish and Wildlife 

Service (FWS) Listed Resources of 

Concern and/or National Marine 

Fisheries Service (NMFS) Listed 

Resources of Concern. 

• Within this group, certain large 

Decision-makers (any (1) public entity 

that serves a population greater than 

10,000 or (2) private enterprise that 

exceeds the Small Business 

Administration size standard as 

identified in 13 CFR 121.201) must also 

develop a Pesticide Discharge 

Management Plan (PDMP), submit 

annual reports, and maintain detailed 

records. Whereas certain small 

Decision-makers (any (1) public entity 

that serves a population of 10,000 or 

less or (2) private enterprise that does 

not exceed the Small Business 

Administration size standard as 

identified in 13 CFR 121.201) are 

required to complete a pesticide 

discharge evaluation worksheet for each 

pesticide application (in lieu of the 

more comprehensive PDMP), an annual 

report, and detailed recordkeeping. 

• Deadlines for submittal of an NOI to 

be covered, if required, are provided in 

Part 1.2.3, Table 1–2, of the draft 2026 

PGP. 

EPA encourages the public to review 

and comment on all aspects and 

provisions in the draft 2026 PGP. The 

draft 2026 PGP is largely similar to the 

2021 PGP but includes the changes 

listed below. See Part III of the draft 

2026 PGP fact sheet for further 

discussion. 

(1) Adds Part 4.3, Documentation of 

Visual Monitoring, to reiterate the 

requirement to record visual monitoring 

as required under the Recordkeeping 

portions of the permit Parts 7.2, 7.3, and 

7.4; 

(2) Adds Part 4.4, Additional 

Monitoring, to emphasize additional 

monitoring could be required by EPA to 

ensure compliance with PGP; 

(3) Requires Decision-makers to 

submit Pesticide Discharge Management 

Plan (PDMP) with NOI submission (Part 

5); 

(4) Updates PDMP contents to include 

visual monitoring procedures (Part 5); 

(5) Adds that if visual monitoring was 

performed, the record must include the 

date, time, and location (Part 7); 

(6) Requires Decision-makers to 

submit visual monitoring records with 

an Annual Report (Part 7); 

(7) Adds a field for NAICS Code on 

the Notice of Intent form (Appendix D); 

(8) Adds a field for latitude and 

longitude of the Pest Management Area 

on the Notice of Intent form (Appendix 

D); 

(9) Adds the terms ‘‘Fish and Wildlife 

Service Listed Resources of Concern’’ 

and ‘‘Lands of Exclusive Federal 

Jurisdiction’’ to Appendix A, 

Definitions and Acronyms; 

(10) Updates Appendix C, Areas 

Covered, to add permit numbers for 

other areas of Indian Country and Lands 

of Exclusive Federal Jurisdiction. 

(11) Adds the term, ‘‘Fish and 

Wildlife Service (FWS) Listed Resources 

of Concern’’ where the permit already 

includes the term, ‘‘National Marine 

Fisheries Service (NMFS) Listed 

Resources of Concern’’ to reflect 

proposed permit changes to address 


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listed species and designated critical 

habitats under the jurisdiction of FWS; 

(12) Notes in Part 1.1.2.4 that aerial 

image of the pest management area(s) 

may not be needed if EPA’s geospatial 

mapping tool is available to provide 

supporting documentation when 

selecting ESA eligibility Criterion A; 

(13) Directs Decision-makers who are 

required to submit an NOI to include 

activities resulting in a discharge to 

waters of the United States containing 

FWS Listed Resources of Concern on the 

NOI (Part 1.2.2), and updates the NOI 

form to reflect this change (Appendix 

D); 

(14) Updates Appendix I, Endangered 

Species Procedures, to clarify the 

procedures with a worksheet format to 

guide Operators through the ESA 

eligibility criteria. 

IV. Cost Impacts of the Draft 2026 PGP 

Based on the cost analyses performed 

for EPA’s previously issued PGPs, EPA 

expects the costs that covered entities, 

including small businesses, will bear to 

comply with this permit will be 

minimal. Since the draft 2026 PGP is 

largely similar to the 2021 PGP, EPA 

projects that the proposed changes will 

have minimal incremental cost impacts 

on regulated entities. Copies of EPA’s 

economic analyses and cost impact 

analyses for EPA’s previously issued 

PGPs are available in the docket for this 

permit. See Appendix D of the draft 

2026 PGP Fact Sheet for further 

discussion of the potential incremental 

costs of the draft 2026 PGP. 

V. Statutory and Executive Orders 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulations 

and Regulatory Review 

The draft 2026 PGP is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

EPA believes that the human health 

and environmental conditions that exist 

prior to this action is not likely to result 

in disproportionate and adverse effects 

on communities with EJ concerns. As 

part of the general permit development 

process, EPA reviews available 

information to evaluate whether 

issuance of a permit could affect 

overburdened communities. The 

information supporting this Executive 

Order review is contained in Appendix 

E of the draft 2026 PGP Fact Sheet. 

C. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. It will neither impose 

substantial direct compliance costs on 

federally recognized tribal governments, 

nor preempt tribal law. EPA directly 

implements the NPDES Program, 

including the 2026 PGP when it is 

finalized, in Indian Country; therefore, 

in compliance with EPA Policy on 

Consultation and Coordination with 

Indian Tribes, EPA consulted with tribal 

officials early in the process to provide 

tribes an opportunity to have 

meaningful and timely input into the 

renewal of the PGP. To gain an 

understanding of, and where necessary, 

to address tribal implications of the 

draft 2026 PGP, EPA conducted the 

following activities: 

• August 22, 2023—EPA emailed 

notification letters to tribal leaders 

initiating consultation and coordination 

on the renewal of the PGP. The 

initiation letter was also posted on 

EPA’s Tribal Consultation Opportunities 

Tracking System (TCOTS) at https://

tcots.epa.gov/. 

• September 19 and 21, 2023—EPA 

held two informational webinars open 

to all tribal representatives and reserved 

the last part of each webinar for official 

consultation comments. Eighteen tribal 

representatives participated in the 

webinar. No official comments were 

received during the webinar. The 

presentation was posted on the tribal 

portal website at http://tcots.epa.gov. 

EPA received one comment from 

tribes and tribal organizations during 

the consultation and coordination 

period. Records of the tribal 

informational webinar and a 

consultation summary are included in 

the docket for this proposed action 

(Docket ID No. EPA–HQ–OW–2023– 

0268). EPA has considered the comment 

received in the proposal. The Agency 

specifically solicits additional comment 

on this proposed permit during the 

public comment period. EPA also notes 

that as part of the finalization of this 

proposed permit, the Agency will 

complete the Clean Water Act section 

401 certification procedures with all 

authorized tribes where this permit will 

apply. 

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

1251 et seq. 

David W. Cash, 

Regional Administrator, EPA Region 1. 

Christine Ash, 

Acting Director, Water Division, EPA Region 

2. 

Carmen R. Guerrero-Pe ́rez, 

Director, Caribbean Environmental Protection 

Division, EPA Region 2. 

Catherine Libertz, 

Director, Water Division, EPA Region 3. 

Christopher Thomas, 

Acting Director, Water Division, EPA Region 

4. 

Tera L. Fong, 

Director, Water Division, EPA Region 5. 

Dzung Kim Ngo Kidd, 

Acting Director, Water Division, EPA Region 

6. 

Dana Skelley, 

Acting Director, Water Division, EPA Region 

7. 

Darcy O’Connor, 

Director, Water Division, EPA Region 8. 

Toma ́ s Torres, 

Director, Water Division, EPA Region 9. 

Michael J. Szerlog, 

Acting Director, Water Division, EPA Region 

10. 

[FR Doc. 2023–26146 Filed 11–27–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2023–0070; FRL–10841–10– 

OCSPP] 

Pesticide Product Registration; 

Receipt of Applications for New Active 

Ingredients October 2023 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received applications 

to register pesticide products containing 

active ingredients not included in any 

currently registered pesticide products. 

Pursuant to the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), EPA is hereby providing notice 

of receipt and opportunity to comment 

on these applications. 

DATES: Comments must be received on 

or before December 28, 2023. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0070, 

through the Federal eRulemaking Portal 

at https://www.regulations.gov. Follow 

the online instructions for submitting 


lotter on DSK11XQN23PROD with NOTICES1