[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Notices]
[Pages 83120-83124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26146]


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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.

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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 five-year 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:

[[Page 83121]]

    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
    <bullet> Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Office of Water Docket, Mail Code 28221T, 1200 Pennsylvania 
Avenue NW, Washington, DC 20460.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#2c7c6b7c6c495c4d024b435a"><span class="__cf_email__" data-cfemail="4b1b0c1b0b2e3b2a652c243d">[email protected]</span></a>, 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: 
<a href="/cdn-cgi/l/email-protection#7d10120e180e0e1253111c080f18133d180d1c531a120b"><span class="__cf_email__" data-cfemail="15787a667066667a3b79746067707b557065743b727a63">[email protected]</span></a>. Electronic versions of the draft 2026 PGP and 
Fact Sheet are also available on EPA's NPDES website at https://www.epa.gov/npdes/pesticide-permitting.

SUPPLEMENTARY INFORMATION: This section is organized as follows:

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. Public Participation
    C. Finalizing the Draft 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
------------------------------------------------------------------------
                                                        Examples of
           Category                   NAICS         potentially affected
                                                          entities
------------------------------------------------------------------------
Agricultural entities--General  111 Crop           Producers of crops
 agricultural interests,         Production.        mainly for food and
 farmers/producers, forestry,                       fiber, including
 and irrigation.                                    farms, orchards,
                                                    groves, greenhouses,
                                                    and nurseries that
                                                    have irrigation
                                                    ditches requiring
                                                    pest control.
                                113110 Timber      The operation of
                                 Tract Operations.  timber tracts for
                                                    the purpose of
                                                    selling standing
                                                    timber.
                                113210 Forest      Growing trees for
                                 Nurseries          reforestation and/or
                                 Gathering of       gathering forest
                                 Forest Products.   products, such as
                                                    gums, barks, balsam
                                                    needles, rhizomes,
                                                    fibers, Spanish
                                                    moss, ginseng, and
                                                    truffles.
                                221310 Water       Operating irrigation
                                 Supply for         systems.
                                 Irrigation.
Pesticide parties (includes     325320 Pesticide   Formulation and
 pesticide manufacturers,        and Other          preparation of
 other pesticide users/          Agricultural       agricultural pest
 interests, and consultants).    Chemical           control chemicals.
                                 Manufacturing.
Public health parties           923120             Government
 (includes mosquito or other     Administration     establishments
 vector control districts and    of Public Health   primarily engaged in
 commercial applicators that     Programs.          the planning,
 service these). Resource       .................   administration, and
 management parties (includes   924110              coordination of
 State departments of fish and   Administration     public health
 wildlife, State departments     of Air and Water   programs and
 of pesticide regulation,        Resource and       services, including
 State environmental agencies,   Solid Waste        environmental health
 and universities).              Management         activities.
                                 Programs.         Government
                                .................   establishments
                                .................   primarily engaged in
                                .................   the administration,
                                .................   regulation, and
                                924120              enforcement of air
                                 Administration     and water resource
                                 of Conservation    programs; the
                                 Programs.          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       221 Utilities....  Provide electric
 utilities).                                        power, natural gas,
                                                    steam supply, water
                                                    supply, and sewage
                                                    removal through a
                                                    permanent
                                                    infrastructure of
                                                    lines, mains, and
                                                    pipes.
------------------------------------------------------------------------


[[Page 83122]]

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-epa-dockets for additional submission methods; the full EPA 
public comment policy; information about CBI, PBI, or multimedia 
submissions; and general guidance on making effective comments.
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 <a href="/cdn-cgi/l/email-protection#1f6f7e6f7e7b706f706a73706c31787a706d787a5f7a6f7e31787069"><span class="__cf_email__" data-cfemail="4a3a2b3a2b2e253a253f262539642d2f25382d2f0a2f3a2b642d253c">[email protected]</span></a>.
    For EPA Region 2, contact Sergio Bosques at tel.: (787) 977-5838 or 
<a href="/cdn-cgi/l/email-protection#7c1e130f0d09190f520f190e1b15133c190c1d521b130a"><span class="__cf_email__" data-cfemail="55373a26242030267b263027323c3a153025347b323a23">[email protected]</span></a>.
    For EPA Region 3, contact Carissa Moncavage at tel.: (215) 814-
5798; or email at <a href="/cdn-cgi/l/email-protection#395456575a584f585e5c175a584b504a4a58795c4958175e564f"><span class="__cf_email__" data-cfemail="ea878584898b9c8b8d8fc4898b988399998baa8f9a8bc48d859c">[email protected]</span></a>.
    For EPA Region 4, contact Sam Sampath at tel.: (404) 562-9229; or 
email at <a href="/cdn-cgi/l/email-protection#1a697b776a7b6e7234697b775a7f6a7b347d756c"><span class="__cf_email__" data-cfemail="a0d3c1cdd0c1d4c88ed3c1cde0c5d0c18ec7cfd6">[email protected]</span></a>.
    For EPA Region 5, contact John Colletti at tel.: (312) 886-6106; or 
email at <a href="/cdn-cgi/l/email-protection#80e3efecece5f4f4e9aeeaefe8eec0e5f0e1aee7eff6"><span class="__cf_email__" data-cfemail="95f6faf9f9f0e1e1fcbbfffafdfbd5f0e5f4bbf2fae3">[email protected]</span></a>.
    For EPA Region 6, contact William F. Cooper at tel.: (214) 665-6443 
or email at <a href="/cdn-cgi/l/email-protection#caa9a5a5baafb8e4bda3a6a6a3aba7ac8aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="4625292936233468312f2a2a2f272b200623362768212930">[email protected]</span></a>.
    For EPA Region 7, contact Alex Owutaka at tel.: (913) 551-7584 or 
email at: <a href="/cdn-cgi/l/email-protection#91fee6e4e5f0faf0bff0fdf4e9d1f4e1f0bff6fee7"><span class="__cf_email__" data-cfemail="d9b6aeacadb8b2b8f7b8b5bca199bca9b8f7beb6af">[email protected]</span></a>.
    For EPA Region 8, contact Margaret Kennedy at tel.: (303) 312-6644 
or email at: <a href="/cdn-cgi/l/email-protection#dbb0beb5b5bebfa2f5b6baa9bcbaa9beaf9bbeabbaf5bcb4ad"><span class="__cf_email__" data-cfemail="670c02090902031e490a061500061502132702170649000811">[email protected]</span></a>.
    For EPA Region 9, contact Prasad Gullapalli at tel.: (415) 972-3406 
or email at: <a href="/cdn-cgi/l/email-protection#ca8dbfa6a6abbaaba6a6a3e49ab8abb9abae8aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="df98aab3b3beafbeb3b3b6f18fadbeacbebb9fbaafbef1b8b0a9">[email protected]</span></a>.
    For EPA Region 10, contact Bilin Basu at tel.: (206) 553-0029 or 
email at: <a href="/cdn-cgi/l/email-protection#e88a899b9dc68a81848186a88d9889c68f879e"><span class="__cf_email__" data-cfemail="15777466603b777c797c7b557065743b727a63">[email protected]</span></a>.

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.

[[Page 83123]]

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:

<bullet> Mosquito and Other Flying Insect Pest Control
<bullet> Weed and Algae Pest Control
<bullet> Animal Pest Control
<bullet> 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 Quality-Based Effluent Limitations, (4) 
Monitoring, (5) Pesticide Discharge Management Plan, (6) Corrective 
Action, (7) Recordkeeping and Annual Reporting, (8) EPA Contact 
Information and Mailing Addresses, and (9) Permit Conditions Applicable 
to Specific States (including Territories) and Indian Country. 
Additionally, as with the 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:
    <bullet> The PGP defines ``Operator'' (i.e., the entity required to 
obtain NPDES permit coverage for discharges) to include any (a) 
Applicator who performs the application of pesticides or has day-to-day 
control of the application of pesticides that results in a discharge to 
waters of the United States, or (b) Decision-maker who controls any 
decision to apply pesticides that results in a discharge to waters of 
the United States. There may be instances when a single entity acts as 
both an Applicator and a Decision-maker.
    <bullet> All Applicators are required to minimize pesticide 
discharges by using only the amount of pesticide and frequency of 
pesticide application necessary to control the target pest, maintain 
pesticide application equipment in proper operating condition, control 
discharges as necessary to meet applicable water quality standards, and 
monitor for and report any adverse incidents.
    <bullet> All Decision-makers are required, to the extent not 
determined by the Applicator, to minimize pesticide discharges by using 
only the amount of pesticide and frequency of pesticide application 
necessary to control the target pest. All Decision-makers are also 
required to control discharges as necessary to meet applicable water 
quality standards and monitor for and report any adverse incidents.
    <bullet> Certain Decision-makers 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.
    <bullet> 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.
    <bullet> 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

[[Page 83124]]

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:
    <bullet> 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/.
    <bullet> 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-P[eacute]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.

Tom[aacute]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


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