102134 Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices 

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. 

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-uspesticide-permitting, email PGP@

epa.gov, 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: 

Mosesso.Lauren@epa.gov. 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 

Category NAICS Examples of potentially affected entities 

Agricultural entities—General agricultural interests, farmers/producers, forestry, and irrigation.111 Crop Production ........................................ Producers of crops mainly for food and fiber, 

including farms, orchards, groves, greenhouses, and nurseries that have irrigation 

ditches requiring pest control. 

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

of selling standing timber. 

113210 Forest Nurseries Gathering of Forest 

Products.

Growing trees for reforestation and/or gathering forest products, such as gums, barks, 

balsam needles, rhizomes, fibers, Spanish 

moss, ginseng, and truffles. 

221310 Water Supply for Irrigation .................. Operating irrigation systems. 

Pesticide parties (includes pesticide manufacturers, other pesticide users/interests, and 

consultants).

325320 Pesticide and Other Agricultural 

Chemical Manufacturing.

Formulation and preparation of agricultural 

pest control chemicals. 

Public health parties (includes mosquito or 

other vector control districts and commercial 

applicators that service these).

923120 Administration of Public Health Programs.Government establishments primarily engaged 

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

Resource management parties (includes State 

departments of fish and wildlife, State departments of pesticide regulation, State environmental agencies, and universities).

924110 Administration of Air and Water Resource and Solid Waste Management Programs.Government establishments primarily engaged 

in the administration, regulation, and enforcement of air and water resource programs; the administration and regulation of 

water and air pollution control and prevention programs; the administration and regulation of flood control programs; the administration and regulation of drainage development and water resource consumption programs; and coordination of these activities 

at intergovernmental levels. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices 102135 

TABLE 1—ENTITIES POTENTIALLY REGULATED BY THE 2026 PGP—Continued 

Category NAICS Examples of potentially affected entities 

924120 Administration of Conservation Programs.Government establishments primarily engaged 

in the administration, regulation, supervision 

and control of land use, including recreational areas; conservation and preservation of natural resources; erosion control; 

geological survey program administration; 

weather forecasting program administration; 

and the administration and protection of 

publicly and privately owned forest lands. 

Government establishments responsible for 

planning, management, regulation and conservation of game, fish, and wildlife populations, including wildlife management areas 

and field stations; and other administrative 

matters relating to the protection of fish, 

game, and wildlife are included in this industry. 

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

supply, water supply, and sewage removal 

through a permanent infrastructure of lines, 

mains, and pipes. 

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-uspesticide-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. 


ddrumheller on DSK120RN23PROD with NOTICES1
102136 Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices 

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 indepth 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). 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2015–0341; FRL–12497–01– 

OAR] 

Notice of Availability of One New 

Chapter in the Environmental 

Protection Agency’s Air Pollution 

Control Cost Manual—Dry Sorbent 

Injection 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability and public 

comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA) is providing notice that 

we are adding one chapter to the current 

EPA Air Pollution Control Cost Manual 

(henceforth, Control Cost Manual). The 

EPA is requesting comment on: Chapter 

2, Section 5, ‘‘Dry Sorbent Injection.’’ 

This new Control Cost Manual chapter 

covers control measures for sulfur 

dioxide (SO2) and acid gas emissions. 

DATES: Comments must be received on 

or before March 17, 2025. Please refer to 

SUPPLEMENTARY INFORMATION for 

additional information on submitting 

comments on the provided data. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2015–0341, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov/ (our preferred 

method). Follow the online instructions 

for submitting comments. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Docket No. EPA–HQ–OAR–2015–0341, 

Office of Air and Radiation Docket, Mail 

Code 28221T, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460. 

• Hand Delivery or Courier: EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

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

Friday (except Federal Holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

action. 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: 

Larry Sorrels, Health and Environmental 

Impacts Division, Office of Air Quality 

Planning and Standards, Environmental 

Protection Agency, C439–02, 109 T.W. 

Alexander Drive, Research Triangle 

Park, NC 27709; telephone number: 

(919) 541–5041; email address: 

sorrels.larry@epa.gov. 

SUPPLEMENTARY INFORMATION: The EPA 

is requesting comment on the specific 

Control Cost Manual chapter included 

in this notice. 

Written Comments: Submit your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2015–0341, 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 

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. 

I. General Information 

A. What should I consider as I prepare 

my comments for the EPA? 

1. Submitting CBI. Do not submit this 

information to the EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to the EPA docket office, mark 

the outside of the disk or CD–ROM as 

CBI and then identify electronically 

within the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 Code of 

Federal Regulation (CFR) part 2. 

2. Tips for Preparing your Comments. 

When submitting comments, remember 

to: Identify the notification by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

CFR part or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language/data for your requested 

changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Information Available for Public 

Comment 

The EPA is requesting comment on 

one new chapter of the EPA Air 


ddrumheller on DSK120RN23PROD with NOTICES1