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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102134-102137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29657]

[[Page 102134]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2023-0268; FRL 10613-02-OW]

Final 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 final permit issuance.

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SUMMARY: This notice announces issuance by all 10 Environmental 
Protection Agency (EPA) Regions of the final 2026 National Pollutant 
Discharge Elimination System (NPDES) pesticide general permit (PGP)--
the 2026 PGP. The 2026 PGP, which has an effective date of October 31, 
2026, replaces the existing permit (2021 PGP) that expires on October 
30, 2026, and authorizes certain point source discharges from the 
application of pesticides to waters of the United States in accordance 
with the terms and conditions described therein. The EPA is issuing 
this permit for five (5) years in all areas of the country where the 
EPA is the NPDES permitting authority.

DATES: The permit becomes effective on October 31, 2026, and will 
expire at 11:59 p.m. on October 30, 2031. In accordance with 40 CFR 
part 23, this permit shall be considered issued for the purpose of 
judicial review on December 31, 2024 Under section 509(b) of the Clean 
Water Act (CWA), judicial review of this general permit can be 
requested by filing a petition for review in the United States Court of 
Appeals within 120 days after the permit is considered issued. Under 
section 509(b) of the CWA, the requirements of this permit may not be 
challenged later in civil or criminal proceedings to enforce these 
requirements. In addition, this permit may not be challenged in other 
agency proceedings. Deadlines for submittal of a Notices of Intent 
(NOI) to be covered, if required, are provided in Part 1.2.3, Table 1-2 
of the 2026 PGP.

FOR FURTHER INFORMATION CONTACT: Contact the appropriate EPA Regional 
office listed on EPA's NPDES website at https://www.epa.gov/npdes/contact-us-pesticide-permitting, email [email protected], or contact Dr. 
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: [email protected]. 
Electronic versions of the 2026 PGP and Fact Sheet are also available 
on EPA's NPDES website at https://www.epa.gov/npdes/pesticide-permitting.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. How can I get copies of this document and other related 
information?
    C. Geographic Coverage
    D. Who are the EPA regional contacts for this final permit?
II. Background
III. Summary of the 2026 PGP
    A. Summary of 2026 PGP Terms and Requirements
    B. 2026 PGP Cost Analysis
IV. Executive Orders 12866 and 13563
V. 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
VI. 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 Part 1.1.1. of the 2026 PGP, that result in a 
discharge to a water of the United States in one of the geographic 
areas identified in Appendix C of the 2026 PGP. 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 2026 PGP
------------------------------------------------------------------------
                                                          Examples of
            Category                     NAICS            potentially
                                                       affected entities
------------------------------------------------------------------------
Agricultural entities--General    111 Crop            Producers of crops
 agricultural interests, farmers/  Production.         mainly for food
 producers, forestry, and                              and fiber,
 irrigation.                                           including 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/
                                   Gathering of        or gathering
                                   Forest Products.    forest products,
                                                       such as gums,
                                                       barks, balsam
                                                       needles,
                                                       rhizomes, fibers,
                                                       Spanish moss,
                                                       ginseng, and
                                                       truffles.
                                  221310 Water        Operating
                                   Supply for          irrigation
                                   Irrigation.         systems.
Pesticide parties (includes       325320 Pesticide    Formulation and
 pesticide manufacturers, other    and Other           preparation of
 pesticide users/interests, and    Agricultural        agricultural pest
 consultants).                     Chemical            control
                                   Manufacturing.      chemicals.
Public health parties (includes   923120              Government
 mosquito or other vector          Administration of   establishments
 control districts and             Public Health       primarily engaged
 commercial applicators that       Programs.           in the planning,
 service these).                                       administration,
                                                       and coordination
                                                       of public health
                                                       programs and
                                                       services,
                                                       including
                                                       environmental
                                                       health
                                                       activities.
Resource management parties       924110              Government
 (includes State departments of    Administration of   establishments
 fish and wildlife, State          Air and Water       primarily engaged
 departments of pesticide          Resource and        in the
 regulation, State environmental   Solid Waste         administration,
 agencies, and universities).      Management          regulation, and
                                   Programs.           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.

[[Page 102135]]

 
                                  924120              Government
                                   Administration of   establishments
                                   Conservation        primarily engaged
                                   Programs.           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.
------------------------------------------------------------------------

B. How can I get copies of this document and other related information?

    Docket. EPA has established a docket for this action under Docket 
ID No. [EPA-HQ-OW-2023-0268]. Although all documents in the docket are 
listed in an index, some information is not publicly available, i.e., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Publicly available docket 
materials are available either electronically through https://www.regulations.gov or in hard copy at the EPA Docket Center, WJC West 
Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The 
Docket Center's hours of operations are 8:30 a.m.-4:30 p.m., Monday-
Friday (except Federal Holidays). For further information on the EPA 
Docket Center services and the current status, see: https://www.epa.gov/dockets.

C. Geographic Coverage

    The EPA provides permit coverage for classes of point source 
discharges of pollutants that occur in areas where the EPA is the NPDES 
permitting authority which includes Massachusetts, New Hampshire, New 
Mexico, the District of Columbia, all U.S. territories except the U.S. 
Virgin Islands, Federal facilities in Delaware, Vermont, Colorado, and 
Washington, all Indian Country except in Maine, and where applicable, 
Lands of Exclusive Federal Jurisdiction. The geographic coverage of the 
2026 PGP is listed in Appendix C of the permit.

D. Who are the EPA regional contacts for this final permit?

    For the list of EPA Regional contacts, visit the EPA's NPDES 
website at https://www.epa.gov/npdes/contact-us-pesticide-permitting.

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.'' 33 
U.S.C. 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), the EPA may ``issue a permit for the 
discharge of any pollutant, or combination of pollutants, 
notwithstanding section 1311(a)'' upon certain conditions required by 
the Act.
    The 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). The 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. In 2016 and 2021 respectively, The EPA 
issued the second PGP (2016 PGP) and third PGP (2021 PGP). After the 
EPA issued the 2021 PGP in September 2021, a petition for review of the 
permit was filed in the U.S. Court of Appeals for the Ninth Circuit. 
Center for Biological Diversity v. EPA and FWS, No. 21-71306 (9th Cir.) 
The petition filed by the Center for Biological Diversity (CBD) 
challenged EPA's permit issuance under the CWA, and the EPA and the 
U.S. Fish and Wildlife Service (FWS) actions with respect to the permit 
under the Endangered Species Act (ESA). After CBD filed the petition, 
EPA, FWS, and CBD entered into settlement discussions. A settlement 
agreement resulted from these discussions, which the parties entered 
into on July 25, 2023 (Settlement Agreement). The Settlement Agreement 
does not affect the provisions in the 2021 PGP, but several terms 
concern what was to be proposed in the 2026 PGP. Information on the 
Settlement Agreement is available in Docket ID EPA-HQ-OGC-2023-0247-
0002.

[[Page 102136]]

    The EPA is issuing the 2026 PGP to replace the 2021 PGP which 
expires on October 30, 2026. Like the previously issued PGP, the 2026 
PGP provides coverage for certain point source discharges of pollutants 
to waters of the United States in areas where the EPA is the NPDES 
permitting authority. The EPA published the draft 2026 PGP and 
accompanying Fact Sheet in the Federal Register on November 28, 2023 
(88 FR 83120), soliciting comments on the draft permit. The EPA also 
conducted consultation with Indian Tribal Governments. The EPA received 
12 written comment letters on the draft permit. The EPA considered all 
comments received during the comment period in preparing the final 
permit. The EPA responded to all significant comments in the Response 
to Comment Document which is available as part of the docket for this 
permit.

III. Summary of the 2026 PGP

A. Summary of 2026 PGP Terms and Requirements

    While the requirements of the 2026 PGP remain largely the same as 
those in the previously issued PGPs, a summary of updates from the 2021 
PGP and from the proposed 2026 PGP are outlined in the 2026 PGP Fact 
Sheet. The 2026 PGP is structured in the same nine parts as the 
previously issued PGPs: (1) Coverage under This Permit, (2) Technology-
Based Effluent Limitations, (3) Water Quality-Based Effluent 
Limitations and Other 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 Within Specific States (including 
Territories) and Indian Country. Additionally, as with the previously 
issued PGPs, the 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) PGP Eligibility 
Worksheet for Threatened and Endangered Species Protection. A summary 
of the 2026 PGP's requirements is provided in the 2026 PGP Fact Sheet.

B. 2026 PGP Cost Analysis

    The cost analysis accompanying this final permit monetizes and 
quantifies certain incremental cost impacts of the final permit changes 
as compared to the 2021 PGP. The EPA analyzed each change in the 2026 
PGP considering the previous permit's requirements. The objective of 
the cost analysis is to show where or to what extent the 2026 PGP 
requirements impose an incremental increase in administrative and 
compliance costs (such as sampling and monitoring costs) on Operators 
in relation to costs that are already accounted for in the 2021 PGP. As 
a majority of the changes in the final permit are to clarify 
requirements in previously issued permits, the EPA expects minimal 
incremental cost impact on entities that will be covered under the 2026 
PGP. For further discussion, see Appendix D of the fact sheet.

IV. Executive Orders 12866 and 13563

    The 2026 PGP is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

V. 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

    The EPA believes that it is not practicable to assess whether the 
human health or environmental conditions that exist prior to this 
action result in disproportionate and adverse effects on communities 
with environmental justice concerns. As part of the general permit 
development process, the EPA reviews available information to evaluate 
whether issuance of a permit could affect overburdened communities. The 
EPA has determined that a more in-depth environmental justice analysis 
is not feasible for this permit reissuance due to the limited amount of 
and format of information the EPA currently has available. The 
information supporting this Executive Order review is contained in 
Appendix E of the fact sheet.

VI. 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 PGP, in Indian Country; therefore, consistent with 
the EPA Policy on Consultation and Coordination with Indian Tribes, the 
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 appropriate, 
to address Tribal implications of the draft 2026 PGP, the EPA conducted 
the following activities:
     August 22, 2023--the 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--the 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 webinars. No official comments were 
received during the webinars. The presentation was posted on the Tribal 
portal website at https://tcots.epa.gov.
    The EPA received one comment from Tribes and Tribal organizations 
during the consultation and coordination period. Records of the Tribal 
informational webinars and a consultation summary are included in the 
docket for this proposed action (Docket ID No. EPA-HQ-OW-2023-0268). 
The EPA has considered the comment received in the proposal. The Agency 
specifically solicited additional comment on this proposed permit 
during the public comment period. The EPA also notes that as part of 
the finalization of this permit, the Agency completed CWA section 401 
certification procedures with all applicable authorized Tribes where 
this permit will apply (see Part 9 and Appendix C of the PGP).

[[Page 102137]]

    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.
Jeffery 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. 2024-29657 Filed 12-16-24; 8:45 am]
BILLING CODE 6560-50-P
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