101000 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices 

Sanctuary: Restoration, Review Period 

Ends: 01/13/2025, Contact: Beth 

Dieveney 305–797–6818. 

EIS No. 20240234, Draft, BOEM, LA, 

Gulf of Mexico Regional OCS Oil and 

Gas Lease Sales, Comment Period 

Ends: 01/27/2025, Contact: Helen 

Rucker 504–736–2421. 

EIS No. 20240235, Final, USACE, NE, 

Nebraska Highway 12 Niobrara East 

and West, Review Period Ends: 01/27/ 

2025, Contact: Lee Fuerst 720–922– 

3840. 

Amended Notice 

EIS No. 20240207, Final, USCG, WA, 

Expansion and Modernization of Base 

Seattle, Washington, Review Period 

Ends: 01/10/2025, Contact: Dean 

Amundson 510–637–5541. Revision 

to FR Notice Published 11/15/2024; 

Extending the Comment Period from 

12/16/2024 to 01/10/2025. 

Dated: December 9, 2024. 

Mark Austin, 

Acting Director, NEPA Compliance Division, 

Office of Federal Activities. 

[FR Doc. 2024–29368 Filed 12–12–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2024–0481; FRL 11244–01– 

OW] 

National Pollutant Discharge 

Elimination System (NPDES) 2026 

Issuance of the Multi-Sector General 

Permit for Stormwater Discharges 

Associated With Industrial Activity 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for public 

comment. 

SUMMARY: All 10 Environmental 

Protection Agency (EPA) Regions are 

proposing for public comment the 2026 

National Pollutant Discharge 

Elimination System (NPDES) general 

permit for stormwater discharges 

associated with industrial activity, also 

referred to as the ‘‘2026 Multi-Sector 

General Permit (MSGP)’’ or the 

‘‘proposed permit.’’ The proposed 

permit once finalized will replace the 

EPA’s existing MSGP that expires on 

February 28, 2026. The EPA proposes to 

issue this permit for five (5) years. Once 

finalized, this permit will be available 

in areas where the EPA is the NPDES 

permitting authority. The EPA solicits 

comment on all aspects of the proposed 

general permit and seeks public 

comment on specific requests for 

information as described in of this 

document. The public is encouraged to 

read the proposed permit fact sheet to 

better understand the proposed permit 

requirements. The proposed permit and 

fact sheet can be found at https://

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

DATES: Comments must be received on 

or before February 11, 2025. Under the 

Paperwork Reduction Act, comments on 

the information collection provisions 

must be received by OMB on or before 

January 13, 2025. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OW–2024–0481, by any of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). 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.–4:30 p.m., Monday–Friday (except 

Federal holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. 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, or contact Alicia Denning, 

EPA Headquarters, Office of Water, 

Office of Wastewater Management, Mail 

Code 4203M, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460; 

telephone number: 202–564–0018; 

email address: denning.alicia@epa.gov. 

Electronic versions of the proposed 

permit and fact sheet are also available 

on EPA’s NPDES website at https://

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

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 2026 MSGP 

D. EPA Regional Contacts for the Proposed 

MSGP 

II. Background 

III. Scope and Applicability 

A. Geographic Coverage 

B. Activities Covered 

C. Summary of Proposed Permit and 

Changes from the 2021 MSGP 

D. Specific Requests for Comment 

IV. Cost Impacts of the Proposed 2026 MSGP 

V. Public Notice of Clean Water Act Section 

401 Certification on Behalf of Tribes 

Without Treatment as a State Authority 

and for Lands of Exclusive Federal 

Jurisdiction 

VI. Statutory and Executive Orders Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

B. Paperwork Reduction Act (PRA) 

C. 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 

D. Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments 

I. General Information 

A. Does this action apply to me? 

The proposed permit covers 

stormwater discharges from industrial 

facilities in the 30 sectors shown below: 

Sector A—Timber Products. 

Sector B—Paper and Allied Products 

Manufacturing. 

Sector C—Chemical and Allied Products 

Manufacturing. 

Sector D—Asphalt Paving and Roofing 

Materials Manufactures and Lubricant 

Manufacturers. 

Sector E—Glass, Clay, Cement, Concrete, and 

Gypsum Product Manufacturing. 

Sector F—Primary Metals. 

Sector G—Metal Mining (Ore Mining and 

Dressing). 

Sector H—Coal Mines and Coal MiningRelated Facilities. 

Sector I—Oil and Gas Extraction. 

Sector J—Mineral Mining and Dressing. 

Sector K—Hazardous Waste Treatment 

Storage or Disposal. 

Sector L—Landfills and Land Application 

Sites. 

Sector M—Automobile Salvage Yards. 

Sector N—Scrap Recycling Facilities. 

Sector O—Steam Electric Generating 

Facilities. 

Sector P—Land Transportation. 

Sector Q—Water Transportation. 

Sector R—Ship and Boat Building or 

Repairing Yards. 

Sector S—Air Transportation Facilities. 

Sector T—Treatment Works. 

Sector U—Food and Kindred Products. 

Sector V—Textile Mills, Apparel, and other 

Fabric Products Manufacturing. 

Sector W—Furniture and Fixtures. 

Sector X—Printing and Publishing. 

Sector Y—Rubber, Miscellaneous Plastic 

Products, and Miscellaneous 

Manufacturing Industries. 

Sector Z—Leather Tanning and Finishing. 

Sector AA—Fabricated Metal Products. 


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Sector AB—Transportation Equipment, 

Industrial or Commercial Machinery. 

Sector AC—Electronic, Electrical, 

Photographic and Optical Goods. 

Sector AD—Reserved for Facilities Not 

Covered Under Other Sectors and 

Designated by the Director. 

Coverage under the proposed 2026 

MSGP is available to operators of 

eligible facilities located in areas where 

the EPA is the permitting authority. A 

list of eligible areas is included in 

Appendix C of the proposed 2026 

MSGP. 

B. Public Participation 

1. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OW–2024– 

0481, 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. The EPA may publish any 

comment received to its public docket. 

Do not submit to the 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. The 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? 

The EPA has not scheduled any 

public hearings to receive public 

comment concerning the proposed 

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 

proposed permit. Requests for 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 and must 

state the nature of the issue the 

requester would like raised in the 

hearing. Pursuant to 40 CFR 124.12, the 

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 proposed permit. 

If the EPA decides to hold a public 

hearing, a public notice of 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 

proposed permit at the public hearing. 

The EPA will host two public 

informational webinars on the proposed 

permit. Details of the dates of those 

webinars and how to attend will be 

posted on EPA’s NPDES website at 

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

C. Finalizing the 2026 MSGP 

The final 2026 MSGP will be issued 

after all public comments received 

during the public comment period have 

been considered and any appropriate 

changes are made to the proposed 

permit. The EPA will include its 

response to significant comments 

received in the docket as part of the 

final permit decision. Once the final 

2026 MSGP becomes effective, eligible 

operators of industrial facilities may 

seek authorization as outlined in the 

permit. 

D. EPA Regional Contacts for the 

Proposed MSGP 

For EPA Region 1, contact 

Abdulrahman Ragab at tel.: (617) 918– 

1586; or email at Ragab.abdulrahman@

epa.gov. 

For EPA Region 2 (New York and 

New Jersey), contact Sieglinde 

Pylypchuk at tel.: (212)-637–4133; or 

email at Pylypchuk.Sieglinde@epa.gov. 

For EPA Region 2 (Carribean), contact 

Sergio Bosques at tel: (787) 977–5828; or 

email at Bosques.Sergio@epa.gov. 

For EPA Region 3, contact Shana 

Stephens at tel.: (215) 814–2771; or 

email at stephens.shana@epa.gov. 

For EPA Region 4, contact Mike 

Mitchell at tel.: (404) 562–9303; or email 

atMitchell.Michael@epa.gov. 

For EPA Region 5, contact Krista 

McKim at tel.: (312) 353–8270; or email 

at mckim.krista@epa.gov. 

For EPA Region 6, contact Nasim 

Jahan at tel.: (214)-665–7522; or email 

atJahan.Nasim@epa.gov. 

For EPA Region 7, contact Mark 

Matthews at tel.: (913)-551–7635; or 

email atMatthews.Mark@epa.gov. 

For EPA Region 8, contact Paul 

Garrison at tel.: (303)-312–6016; or 

email atgarrison.paul@epa.gov. 

For EPA Region 9, contact Eugene 

Bromley at tel.: (415)-972–3510; or 

email at Bromley.Eugene@epa.gov. 

For EPA Region 10, contact Jill Seale 

at tel.: (206) 553–1582; or email 

atSeale.Jill@epa.gov. 

II. Background 

Section 405 of the Water Quality Act 

of 1987 added section 402(p) of the 

Clean Water Act (CWA), which directed 

the EPA to develop a phased approach 

to regulate stormwater discharges under 

the NPDES program. The EPA published 

a final regulation on the first phase on 

this program on November 16, 1990, 

establishing permit application 

requirements for ‘‘stormwater 

discharges associated with industrial 

activity.’’ See 55 FR 48063. The EPA 

defined the term ‘‘stormwater discharge 

associated with industrial activity’’ in a 

comprehensive manner to cover a wide 

variety of facilities. See 40 CFR 

122.26(b)(14). The EPA proposes to 

issue the MSGP under this statutory and 

regulatory authority. 

Under CWA section 402(a)(5), 402(b), 

and 40 CFR part 123, the EPA can 

authorize states, Tribes, and territories 

to implement the NPDES program and 

issue permits for discharges in their 

jurisdictions. To date, 47 states and one 

territory (the U.S. Virgin Islands) have 

been either fully or partially authorized 

for NPDES program administration. 

Where states, Tribes, and territories 

have not received program 

authorization, the EPA remains the 

NPDES permitting authority and is 

responsible for direct implementation of 

the NPDES program in those 

jurisdictions. The EPA is the sole 

NPDES permitting authority in: 

Massachusetts, New Hampshire, and 

New Mexico; all Indian country except 

in Maine; the District of Columbia; 

Federal facilities in Colorado, Delaware, 

Vermont, and Washington; all territories 

except the U.S. Virgin Islands; and all 

Lands of Exclusive Federal Jurisdiction. 

The EPA issues several NPDES general 

permits that cover ‘‘all areas where the 

EPA is the permitting authority’’ that 

include the states, Indian country, and 

territories named above, unless 

otherwise specified in those permits. 

The proposed 2026 MSGP will also be 

issued and available to authorize 

eligible discharges in all areas where the 

EPA is the permitting authority, as 

described in Appendix C of the 

proposed permit. 

III. Scope and Applicability 

A. Geographic Coverage 

The 2026 MSGP will cover 

stormwater discharges from industrial 

facilities in areas where the EPA is the 

NPDES permitting authority. The 

geographic coverage of this permit is 


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listed in Appendix C of the proposed 

permit. 

B. Activities Covered 

This permit will authorize stormwater 

discharges from industrial facilities in 

30 sectors, as shown in section I.A. of 

this document. 

C. Summary of the Proposed Permit and 

Changes From the 2021 MSGP 

Once effective, the final 2026 MSGP 

will replace the 2021 MSGP. The 2021 

MSGP became effective on March 1, 

2021 (86 FR 10269). Subsequently, EPA 

finalized a minor modification to the 

2021 MSGP that became effective on 

September 29, 2021. The 2021 MSGP 

expires February 28, 2026, at midnight. 

The proposed permit is similar to the 

existing permit and is structured in nine 

(9) parts: general requirements that 

apply to all facilities (e.g., eligibility 

requirements, effluent limitations and 

other limitations, inspection and 

monitoring requirements, Stormwater 

Pollution Prevention Plan (SWPPP) 

requirements, and reporting and 

recordkeeping requirements) (Parts 1–7); 

industrial sector-specific conditions 

(Part 8); and State- and Tribal-specific 

requirements applicable to facilities 

located within individual states or 

Indian Country (Part 9). Additionally, 

the appendices provide proposed forms 

for the Notice of Intent (NOI), the Notice 

of Termination (NOT), the Conditional 

No Exposure Certification (NEC), the 

Discharge Monitoring Report (DMR), 

and the annual report, as well as stepby-step procedures for determining 

eligibility with respect to protecting 

historic properties and endangered 

species, and for calculating site-specific, 

hardness-dependent benchmarks. 

The proposed 2026 MSGP includes a 

number of new or modified 

requirements compared to the 2021 

MSGP. The following list summarizes 

the more significant proposed changes 

to the MSGP. The EPA requests 

comment on these modifications and all 

parts of the proposed permit. 

1. Designing Stormwater Control 

Measures for Resiliency. The EPA is 

proposing a revision to the 

considerations that were in the 2021 

MSGP to ensure operators consider best 

available data when designing 

stormwater control measures to 

withstand future weather conditions. 

See Part 2.1.1.8 of the proposed permit. 

2. Water Quality-Based Effluent 

Limitations or Other Limitations. The 

EPA is proposing a revision to the water 

quality-based effluent limitations and 

other limitations. The revised provision 

specifies that discharges must not 

contain or result in observable deposits 

of floating solids, scum, sheen, or 

substances; an observable film or sheen 

upon or discoloration from oil and 

grease; or foam or substances that 

produce an observable change in color. 

See Part 2.2 of the proposed permit. 

3. Monitoring Changes. 

• Indicator Monitoring for Per- and 

Polyfluoroalkyl Substances (PFAS). The 

EPA is proposing a new provision in the 

2026 MSGP that requires sectors A, B, 

C, D, F, I, K, L, M, N, P, R, S, T, U, V, 

W, X, Y, Z, AA, AB, and AC to conduct 

quarterly ‘‘report-only’’ indicator 

analytical monitoring for PFAS. See Part 

4.2.1.1.c of the proposed permit. 

• Updating Monitoring Requirements 

for Certain Sectors. The EPA is 

proposing a shift from report-only 

indicator monitoring to benchmark 

monitoring for certain sectors. EPA 

evaluated indicator monitoring results 

for pH, total suspended solids, and 

chemical oxygen demand from the 2021 

MSGP permit term and compared them 

to 2021 benchmark thresholds for those 

parameters. EPA is proposing to shift 

the monitoring requirements from 

indicator to benchmark monitoring for 

those sectors with a significant number 

of data points that would have exceeded 

the 2021 benchmark threshold. 

Benchmark monitoring parameters are 

proposed based on indicator monitoring 

results collected under the 2021 MSGP, 

along with industry analysis of common 

activities and materials which expose 

pollutants to stormwater. Depending on 

the sector, specific benchmark 

monitoring parameters may include pH, 

total suspended solids, chemical oxygen 

demand, ammonia, nitrate, nitrite, and 

metals. See Part 4.2.2 of the proposed 

permit and fact sheet. 

• Updating the Benchmark 

Monitoring Schedule. The EPA is 

proposing a modified benchmark 

monitoring schedule in the 2026 MSGP. 

Operators will be required to conduct 

quarterly benchmark monitoring in their 

first three years of permit coverage or 

until twelve quarters of monitoring data 

are collected. See Part 4.2.2.2 of the 

proposed permit. 

• Impaired Waters Monitoring. The 

EPA is proposing a change to the 

structure and schedule of impaired 

waters monitoring in the 2026 MSGP. 

Operators discharging to impaired 

waters must complete quarterly 

monitoring for all pollutants for which 

the waterbody is impaired. If a pollutant 

is detected, the operator must do 

corrective action. See Part 4.2.5.1 of the 

proposed permit. 

4. Additional Implementation 

Measures (AIM). 

• Updates to Corrective Action. The 

EPA is proposing that facilities must 

conduct an inspection to identify the 

cause of a benchmark exceedance when 

AIM level 1 is triggered in the 2026 

MSGP. See Part 5.2 of the proposed 

permit. 

• Natural Background Exception. The 

EPA is proposing a requirement for 

operators to provide analytical results of 

stormwater runoff from natural 

background and to get EPA approval to 

claim a natural background exception in 

the 2026 MSGP. Until the operator 

receives approval from the EPA, they 

must continue monitoring. See Part 5.2 

of the proposed permit. 

• Reporting. The EPA is proposing 

that operators must submit an AIM 

Triggering Event Report to the EPA in 

response to triggering AIM at any level. 

This requirement ensures that operators 

investigate and document the cause of 

the AIM triggering event and design 

corrective action to reduce pollutant 

loads. See Part 5.2 of the proposed 

permit. 

D. Specific Requests for Comment 

While the EPA encourages the public 

to review and comment on all 

provisions in the proposed 2026 MSGP, 

the EPA has included in the body of the 

proposed permit several proposed 

provisions on which the EPA 

specifically requests feedback. The 

following list summarizes these specific 

requests for comment and where they 

are included in the permit. The EPA 

notes that these are only summaries of 

the requests for comment and 

recommends that the public see the 

specific wording of each comment 

request within the body of the permit. 

• Request for comment on the 

possible discharge of 6PPD-quinone in 

stormwater. The EPA is interested in 

learning more about how to identify 

likely sources of 6PPD-quinone in 

stormwater discharges, what controls 

may be effective in minimizing the 

discharge of this contaminant from 

regulated facilities, and what 

monitoring requirements may be 

appropriate for potential sources. 

• Request for comment on requiring 

PFAS indicator monitoring using 

Method 1621, Determination of 

Adsorbable Organic Fluorine (AOF) in 

Aqueous Matrices by Combustion Ion 

Chromatography (CIC), in addition to 

Method 1633. 

• Request for comment on whether 

EPA should include benchmark 

monitoring for iron and magnesium and 

for any information related to acute 

effects or effects from intermittent 

exposure to iron or magnesium on 

aquatic organisms. 

• Request for comment on whether 

benchmark monitoring for certain 


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parameters is appropriate for specific 

subsectors: L2: Manganese; N2: Cobalt, 

Manganese, arsenic, and silver; O1: 

Barium, beryllium, cadmium, cobalt, 

selenium, lead, magnesium, manganese, 

mercury, silver, and thallium; P1: 

Aluminum, manganese, and nickel; 

AB1: Antimony, arsenic, barium, cobalt, 

manganese, silver, vanadium. See Part 8 

of the proposed permit. 

• Request for comment on whether 

PFAS-related benchmark monitoring 

should be applied to some, or all, of the 

sectors identified for PFAS-indicator 

monitoring. EPA recently published 

aquatic life criteria for PFOA and PFOS, 

as well as Clean Water Act Aquatic Life 

Benchmarks for PFAS (89 FR 81077) 

that could be considered as benchmark 

monitoring threshold(s). 

• Request for comment on the 

proposed approach in Part 4.2.5.1 that 

requires impaired waters monitoring 

throughout the entire permit term. EPA 

is also interested in alternative 

approaches for monitoring impaired 

waters. 

IV. Cost Impacts of the Proposed 2026 

MSGP 

The EPA estimates anticipates the 

incremental cost for new or modified 

permit requirements will be, on average, 

and annual cost of approximately 

$4,670 per facility; or $9.84 million 

nationwide. A copy of the EPA’s cost 

analysis for the proposed permit, titled 

‘‘Cost Impact Analysis for the Proposed 

2026 MSGP,’’ is available in the docket 

(Docket ID No. EPA–HQ–OW–2024– 

0481). The economic impact analysis 

indicates that while there will be an 

incremental increase in the costs of 

complying with the new proposed 

permit, these costs will not have a 

significant economic impact on a 

substantial number of small entities. 

Historically, the EPA has developed a 

cost analysis as a part of the 

administrative record in support of the 

MSGP issuance. The Agency analyzed 

changes in the proposed permit, 

evaluating the incremental cost 

implications of the final permit as 

compared to the previous permit 

issuance. The objective of this cost 

analysis was to show where or to what 

extent the newly proposed permit 

requirements imposed incremental 

changes in costs on permittees in 

relation to the previous permit issuance. 

Developing a cost analysis for a 

general permit that covers a wide 

variety of activities across 30 industrial 

sectors in a range of geographic 

locations poses unique challenges. 

Additional variables such as facility and 

operations size, existing control 

measures, and variable labor and 

material expenses also have the 

potential to impact the overall analyses 

significantly. These factors as well as 

the nature of the permit itself can create 

challenges in developing the 

appropriate individualized assumptions 

for each operator that may be covered 

under the permit. The EPA issues 

general permits before receiving NOIs 

from operators seeking coverage. This 

permitting structure precludes the EPA 

from knowing exactly where and what 

type of operators will be covered ahead 

of permit issuance, further complicating 

cost estimations. 

V. Public Notice of Clean Water Act 

Section 401 Certification on Behalf of 

Tribes Without Treatment as a State 

Authority and for Lands of Exclusive 

Federal Jurisdiction 

The EPA acts as the certifying 

authority in areas of Indian Country on 

behalf of those Tribes that have not 

received treatment in a similar manner 

as a state (TAS) for the purposes of 

Clean Water Act section 401 

certification. The EPA also acts as a 

certifying authority for section 401 on 

Lands of Exclusive Federal Jurisdiction. 

The EPA is today providing notice 

under 40 CFR 121.17(a) that EPA’s 

Regions are requesting certification as of 

the date of signature of this notice for 

the proposed 2026 MSGP for non-TAS 

Tribes and Lands of Exclusive Federal 

Jurisdiction. Consistent with the EPA’s 

policy on Tribal consultation and 

coordination, the EPA will coordinate 

and work with non-TAS Tribes to 

provide an opportunity for their input 

on the agency’s certification of the 2026 

MSGP, and specifically on any water 

quality requirements that should be 

considered. The EPA will act on the 

non-TAS and LEFJ certification requests 

by either: (1) granting certification; (2) 

granting certification with conditions; 

(3) denying certification; or (4) expressly 

waiving certification consistent with 

CWA section 401 and the EPA’s 

implementing regulations at 40 CFR part 

121. 

VI. Statutory and Executive Orders 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a significant 

regulatory action as defined in 

Executive Order 12866, as amended by 

Executive Order 14094, and was 

therefore not subject to a requirement 

for Executive Order 12866 review. 

B. Paperwork Reduction Act (PRA) 

The information collection activities 

in this proposed permit have been 

submitted for approval to the Office of 

Management and Budget (OMB) under 

the PRA. The Information Collection 

Request (ICR) document that the EPA 

prepared has been assigned EPA ICR 

No. 7801.01, OMB Control No. 2040– 

NEW. You can find a copy of the ICR 

in the docket for this permit (Docket ID 

No. EPA–HQ–OW–2024–0481), and it is 

briefly summarized here. CWA section 

402 and the NPDES regulations require 

collection of information primarily used 

by permitting authorities, permittees 

(operators), and the EPA to make 

NPDES permitting decisions. The 

burden and costs associated with the 

entire NPDES program are accounted for 

in an approved ICR (EPA ICR Reference 

No: 202201–2040–004 OMB Control No: 

2040–0004), which includes the burden 

and costs associated with the 

requirements of the 2021 MSGP. Certain 

provisions in the proposed permit 

would require revisions to the ICR to 

reflect new forms and other changes to 

the information collection requirements. 

The EPA is reflecting the changes in 

paperwork burden and costs that would 

be associated with the proposed permit 

changes in a separate ICR instead of 

revising the existing ICR for the entire 

program for administrative reasons. 

Respondents/affected entities: 

Industrial facilities in the 30 sectors 

shown in section I.A of this document 

in areas where EPA is the NPDES 

permitting authority. 

Respondent’s obligation to respond: 

Compliance with the MSGP’s 

information collection and reporting 

requirements is mandatory for MSGP 

operators. 

Estimated number of respondents: 

The EPA estimates that approximately 

2,100 operators will receive coverage 

under the 2026 MSGP. 

Frequency of response: Response 

frequencies in the proposed 2026 MSGP 

vary from once per permit term to 

quarterly. 

Total estimated burden: The EPA 

estimates that the information collection 

burden of the proposed permit is 22,543 

hours (per year). Burden is defined at 5 

CFR 1320.3(b). 

Total estimated cost: The EPA 

estimates that the proposed information 

collection cost of the proposed permit is 

$1.0M per year. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for the EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 


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Submit your comments on the EPA’s 

need for this information, the accuracy 

of the provided burden estimates, and 

any suggested methods for minimizing 

respondent burden to the EPA using the 

docket identified at the beginning of this 

document. The EPA will respond to any 

ICR-related comments in the response to 

comments document on the final 

permit. You may also send your ICRrelated comments to OMB’s Office of 

Information and Regulatory Affairs 

using the interface at https://

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. OMB must 

receive comments no later than January 

13, 2025. 

C. 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 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. This 

action does not have disproportionately 

high and adverse human health or 

environmental effects on minority 

populations, low-income populations, 

or indigenous peoples, as specified in 

Executive Order 12898. The EPA has 

determined that the 2026 MSGP will not 

have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because the requirements in 

the permit apply equally to industrial 

facilities in areas where the EPA is the 

permitting authority, and the provisions 

increase the level of environmental 

protection for all affected populations. 

In addition, as part of electronic 

reporting under the MSGP, permittees 

submit data including information on 

their industrial sector/subsectors, 

discharge monitoring results, receiving 

water information, facility location, 

activities, and discharge points. The 

Agency continues to expand its use of 

existing data and enhance collection 

and analysis efforts. These data and 

analyses can be used to generate 

graphics and visual aids to assist with 

identifying patterns and relationships 

within data, improve understanding, 

and support data driven decision 

making. 

Utilizing data visualization tools will 

help the EPA implement the Principals 

for Addressing Justice and Equity as 

outlined in the NPDES Program Policy 

Guidance on Addressing Environmental 

Justice and Equity in NPDES Permitting 

(January 2024). These tools will enable 

the Agency to enhance public 

involvement in the permitting process 

by improving transparency for members 

of the public as well as stakeholders. 

Data visualization tools will be used to 

map industrial stormwater discharge 

locations and analyze discharge data. 

Analyses will look to improve available 

information regarding these discharges 

and factors such as: demographic data 

indicating vulnerabilities in the 

potentially affected community, existing 

environmental data relevant to the 

environmental justice concern, 

including surface water quality 

monitoring, and existing public health 

data about the potentially affected 

community. 

The EPA also plans to incorporate 

data from additional sources such as 

EJScreen, FEMA, and other program 

offices to gain a better understanding of 

the broader impacts that communities 

may be facing. With this improved 

understanding, the Agency will 

continue to look for opportunities to 

adapt future permit conditions to 

mitigate identified water quality 

concerns and other disproportionate 

environmental impacts as appropriate. 

D. 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. 

The EPA directly implements the 

NPDES Program, including the 2026 

MSGP when finalized, in Indian country 

(except in Maine); therefore, in 

compliance with the EPA Policy on 

Consultation and Coordination with 

Indian Tribes, the Agency consulted 

with Tribal officials early in the process 

to provide Tribes an opportunity to 

provide meaningful and timely input 

into the development of the proposed 

permit. To gain an understanding of, 

and where necessary, to address the 

Tribal implication of the proposed 

permit, the EPA conducted the 

following activities: 

• August 29, 2024—The EPA emailed 

notification letters to Tribal leaders 

initiating consultation and coordination 

on the proposed 2026 MSGP. The 

initiation letter was also posted on the 

EPA’s Tribal Consultation Opportunities 

Tracking System (TCOTS) at https://

tcots.epa.gov/. 

• September 18 and September 19, 

2024—The EPA held two informational 

webinars open to all Tribal 

representatives and reserved the last 

part of each webinar for official 

consultation comments. Eight Tribal 

representatives participated in the 

webinars. The presentation was posted 

on the Tribal portal website at http://

tcots.epa.gov. 

The EPA received no comments from 

Tribes and Tribal organizations during 

the consultation and coordination 

period, including two requests for 

government-to-government 

consultations, which took place on 

October 22, 2024, and November 5, 

2024. 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–2024– 

0481). EPA will provide email 

notification to Tribes of the proposed 

permit and invite those interested to 

submit comments during the public 

comment period. The EPA also notes 

that as part of the finalization of this 

proposed permit, it will complete the 

section 401 certification procedures 

with all applicable Tribes where the 

proposed 2026 MSGP will apply (see 

Appendix C of the proposed permit). 


khammond on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices 101005 

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

1251 et seq. 

David Cash, 

Regional Administrator, EPA Region 1. 

Javier Laureano Perez, 

Director, Water Division, EPA Region 2. 

Carmen Guerrero Perez, 

Director, Caribbean Environmental Protection 

Division, EPA Region 2. 

Michelle Price-Fay, 

Director, Water Division, EPA Region 3. 

Kathlene Butler, 

Director, Water Division, EPA Region 4. 

Tera Fong, 

Director, Water Division, EPA Region 5. 

Troy Hill, 

Director, Water Division, EPA Region 6. 

Jeffrey Robichaud, 

Director, Water Division, EPA Region 7. 

Stephanie DeJong, 

Manager, Clean Water Branch, EPA Region 

8. 

Tomas Torres, 

Director, Water Division, EPA Region 9. 

Mathew Martinson, 

Director, Water Division, EPA Region 10. 

[FR Doc. 2024–29402 Filed 12–12–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2023–0112; FRL–12494–01– 

OMS] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Comment Request; 

NSPS for Calciners and Dryers in 

Mineral Industries (Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) has submitted an 

information collection request (ICR), 

NSPS for Calciners and Dryers in 

Mineral Industries (EPA ICR Number 

0746.12, OMB Control Number 2060– 

0251) to the Office of Management and 

Budget (OMB) for review and approval 

in accordance with the Paperwork 

Reduction Act. This is a proposed 

extension of the ICR, which is currently 

approved through December 31, 2024. 

Public comments were previously 

requested via the Federal Register on 

May 18, 2023 during a 60-day comment 

period. This notice allows for an 

additional 30 days for public comments. 

DATES: Comments may be submitted on 

or before January 13, 2025. 

ADDRESSES: Submit your comments, 

referencing Docket ID Number EPA– 

HQ–OAR–2023–0112, to EPA online 

using https://www.regulations.gov/ (our 

preferred method), by email to a-and-rdocket@epa.gov, or by mail to: EPA 

Docket Center, Environmental 

Protection Agency, Mail Code 28221T, 

1200 Pennsylvania Ave. NW, 

Washington, DC 20460. 

The EPA’s policy is that all comments 

received will be included in the public 

docket without change including any 

personal information provided, unless 

the comment includes profanity, threats, 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. 

Submit written comments and 

recommendations to OMB for the 

proposed information collection within 

30 days of publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

30-day Review—Open for Public 

Comments’’ or by using the search 

function. 

FOR FURTHER INFORMATION CONTACT: 

Muntasir Ali, Sector Policies and 

Program Division (D243–05), Office of 

Air Quality Planning and Standards, 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina, 

27711; telephone number: (919) 541– 

0833; email address: ali.muntasir@

epa.gov. 

SUPPLEMENTARY INFORMATION: This is a 

proposed extension of the ICR, which is 

currently approved through January 31, 

2025. An agency may not conduct or 

sponsor and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

Public comments were previously 

requested via the Federal Register on 

April 23, 2024, during a 60-day 

comment period (89 FR 30358). This 

notice allows for an additional 30 days 

for public comments. Supporting 

documents, which explain in detail the 

information that the EPA will be 

collecting, are available in the public 

docket for this ICR. The docket can be 

viewed online at www.regulations.gov 

or in person at the EPA Docket Center, 

WJC West, Room 3334, 1301 

Constitution Ave. NW, Washington, DC. 

The telephone number for the Docket 

Center is 202–566–1744. For additional 

information about EPA’s public docket, 

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

Abstract: The New Source 

Performance Standards (NSPS) for 

Calciners and Dryers in Mineral 

Industries (40 CFR part 60, subpart 

UUU) were proposed on April 23, 1986; 

promulgated on September 28, 1992; 

and amended on July 29, 1993. These 

regulations apply only to new calciners 

and dryers at mineral processing plants 

that either process or produce either any 

of the following minerals and their 

concentrates or any mixture of which 

the majority is any of the following 

minerals or a combination of these 

minerals: alumina, ball clay, bentonite, 

diatomite, feldspar, fire clay, fuller’s 

earth, gypsum, industrial sand, kaolin, 

lightweight aggregate, magnesium 

compounds, perlite, roofing granules, 

talc, titanium dioxide, and vermiculite. 

Particulate matter (PM) is the pollutant 

regulated under this subpart. Feed and 

product conveyors are not considered 

part of the affected facility. Facilities 

subject to NSPS Subpart LL, Metallic 

Mineral Processing Plants are not 

subject to these particular standards. 

There are additional processes and 

process units at mineral processing 

plants listed at Section 60.730(b), which 

are not subject to the provisions of this 

Subpart. New facilities include those 

that commenced construction, 

modification or reconstruction after the 

date of proposal. This information is 

being collected to assure compliance 

with 40 CFR part 60, subpart UUU. 

Form Numbers: None. 

Respondents/affected entities: 

Mineral processing plants that use 

calciners and dryers. 

Respondent’s obligation to respond: 

Mandatory (40 CFR part 60, subpart 

UUU). 

Estimated number of respondents: 

167 (total). 

Frequency of response: Semiannual. 

Total estimated burden: 6,630 hours 

(per year). Burden is defined at 5 CFR 

1320.3(b). 

Total estimated cost: $990,000 (per 

year), includes $154,000 annualized 

capital or operation & maintenance 

costs. 

Changes in the Estimates: There is no 

change in burden from the most recently 

approved ICR as currently identified in 

the OMB Inventory of Approved 

Burdens. This is due to two 

considerations. First, the regulations 

have not changed over the past three 

years and are not anticipated to change 

over the next three years. Second, the 

growth rate for this industry is very low 

or non-existent, so there is no 

significant change in the overall burden. 

There is an increase in capital and 

operation & maintenance costs due to an 

adjustment to increase from 2008 to 


khammond on DSK9W7S144PROD with NOTICES