Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 36487 

(iii) enhance the quality, utility, and 

clarity of the information to be 

collected; and (iv) minimize the burden 

of the collection of information on those 

who are to respond, including through 

the use of appropriate automated 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. The EPA will consider the 

comments received and amend the ICR 

as appropriate. The final ICR package 

will then be submitted to OMB for 

review and approval. At that time, the 

EPA will issue another Federal Register 

notice to announce the submission of 

the ICR to OMB and the opportunity to 

submit additional comments to OMB. 

Abstract: Under the Resource 

Conservation and Recovery Act (RCRA), 

as amended, Congress directed EPA to 

implement a comprehensive program 

for the safe management of hazardous 

waste. The core of the national waste 

management program is the regulation 

of hazardous waste from generation to 

transport to treatment and eventual 

disposal, or from ‘‘cradle to grave.’’ 

Section 3001(d) of RCRA requires EPA 

to develop standards for small quantity 

generators. Section 3002 of RCRA states, 

among other things, that EPA shall 

establish requirements for hazardous 

waste generators regarding 

recordkeeping practices. Section 3002 

also requires EPA to establish standards 

on appropriate use of containers by 

generators. Finally, Section 3017 of 

RCRA specifies requirements for 

individuals exporting hazardous waste 

from the United States, including a 

notification of the intent to export, and 

an annual report summarizing the types, 

quantities, frequency, and ultimate 

destination of all exported hazardous 

waste. 

Form Numbers: None. 

Respondents/affected entities: Private 

business or other for-profit. 

Respondent’s obligation to respond: 

Mandatory (40 CFR parts 262 and 265). 

Estimated number of respondents: 

644,345. 

Frequency of response: On occasion. 

Total estimated burden: 526,989 

hours per year. Burden is defined at 5 

CFR 1320.03(b). 

Total estimated cost: $31,367,417 per 

year, which includes $63,345 in 

annualized capital or operation & 

maintenance costs. 

Changes in Estimates: The burden 

hours are likely to stay substantially the 

same. 

Dated: June 3, 2022. 

Carolyn Hoskinson, 

Director, Office of Resource Conservation and 

Recovery. 

[FR Doc. 2022–13073 Filed 6–16–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

UNITED STATES INTERNATIONAL 

BOUNDARY AND WATER 

COMMISSION 

[FRL–9919–01–R9] 

United States-Mexico-Canada 

Agreement Mitigation of Contaminated 

Transboundary Flows Project 

AGENCY: Environmental Protection 

Agency (EPA); United States 

International Boundary and Water 

Commission. 

ACTION: Notice of availability of draft 

programmatic environmental impact 

statement; notice of virtual public 

comment meetings; request for 

comments. 

SUMMARY: In accordance with 

regulations implementing the National 

Environmental Policy Act (NEPA), as 

amended, the Environmental Protection 

Agency (EPA) and U.S. International 

Boundary and Water Commission 

(USIBWC), as joint lead agencies, have 

prepared a Draft Programmatic 

Environmental Impact Statement (Draft 

PEIS) for the proposed United StatesMexico-Canada Agreement (USMCA) 

Mitigation of Contaminated 

Transboundary Flows Project (the 

Proposed Action). The Proposed Action 

involves the planning, design, and 

construction of infrastructure to reduce 

transboundary flows of untreated 

wastewater (sewage), trash, and 

sediment that routinely enter the U.S. 

from Mexico via the Tijuana River, its 

tributaries, and across the maritime 

boundary along the San Diego County 

coast. These transboundary flows 

impact public health and the 

environment and have been linked to 

beach closures along the San Diego 

County coast. EPA and USIBWC have 

evaluated the Proposed Action, 

including alternatives, located in the 

Tijuana River area in southern San 

Diego County, California in the U.S. and 

in the Tijuana region in Mexico. This 

Notice initiates the comment process by 

inviting comments from Federal, State, 

and local agencies; Native American 

tribes; interested stakeholders; and the 

public on the Proposed Action, 

including alternatives, and 

environmental consequences examined 

in the Draft PEIS. EPA and USIBWC are 

also providing notice of virtual public 

comment meetings that are open to all 

interested parties. 

DATES: Public comment meetings will be 

held virtually on July 19, 2022, 6:30 

p.m. to 8:30 p.m. Pacific Daylight Time 

(PDT) and July 20, 2022, 2 p.m. to 4 

p.m. (PDT). A formal presentation on 

the proposed project will be provided at 

the meetings, followed by an 

opportunity for public comment. 

Written public comments are due to 

EPA and USIBWC by 5:00 p.m. (PDT) 

within the 45 days from the date of the 

publication of the EPA Notification of 

Availability of Programmatic 

Environmental Impact Statements in the 

Federal Register. Please go to: https://

www.epa.gov/sustainable-waterinfrastructure/usmca-tijuana-riverwatershed for more information 

regarding the public comment meetings. 

ADDRESSES: Written comments shall be 

submitted to the following email 

address: Tijuana-Transboundary-EIS@

epa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Borowiec, 415–972–3419, 

borowiec.elizabeth@epa.gov. 

SUPPLEMENTARY INFORMATION:

Background: EPA and USIBWC, as 

joint lead agencies, in accordance with 

the requirements of NEPA (42 U.S.C. 

4321–4347), Council on Environmental 

Quality NEPA Implementing 

Regulations (40 Code of Federal 

Regulations [CFR] 1500–1508 [2022]), 

EPA Procedures for Implementing 

NEPA (40 CFR part 6), and USIBWC 

NEPA Implementing Procedures (48 FR 

44083), have prepared a Draft PEIS for 

the Proposed Action. EPA and USIBWC 

invite public comment on the scope of 

the Draft PEIS, the Proposed Action 

(including alternatives considered), 

specific environmental issues evaluated, 

relevant information and analyses, the 

identified impacts of the alternatives, 

and applicable mitigation measures. 

The San Diego-Tijuana region has 

faced persistent transboundary flows of 

contaminated wastewater originating in 

Mexico for many years. The three 

primary entryways of these 

transboundary flows into the U.S. are in 

coastal waters of the Pacific Ocean, the 

Tijuana River, and tributaries flowing 

north through canyons to the Tijuana 

River. Seasonal marine currents cause 

coastal discharges of largely untreated 

wastewater (sewage) from the Tijuana 

area to migrate north along the Pacific 

Ocean coast into the U.S. These 

discharges impact southern San Diego 

County beaches, especially during the 

summer. Additionally, transboundary 

flows in the Tijuana River and its 


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36488 Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 

canyon tributaries routinely reach the 

U.S., bringing untreated wastewater 

(sewage), trash, and sediment into the 

U.S. These contaminated flows can 

reach the Pacific Ocean through the 

Tijuana River Valley and Estuary and 

migrate north along the coast, 

compounding the impacts of coastal 

discharges from the Tijuana area. 

Collectively, these polluted 

transboundary flows impact the 

environment and public health in 

communities along the border and the 

coast, public access to beaches and 

recreational opportunities in southern 

California, and the personnel and 

activities of U.S. Customs and Border 

Protection (CBP) and the U.S. Navy. 

For several years, EPA and USIBWC 

have engaged with agencies, elected 

officials, and stakeholder groups in the 

San Diego-Tijuana region in both the 

U.S. and Mexico to address 

transboundary pollution issues. The 

USMCA Implementation Act, signed 

into law in January 2020, appropriated 

funds to EPA for implementation of 

wastewater infrastructure projects at the 

U.S.-Mexico border and authorized 

EPA, in coordination with eligible 

public entities, to plan, design, and 

construct wastewater (including 

stormwater) treatment projects in the 

Tijuana River area. In accordance with 

the USMCA legislation, EPA established 

the Eligible Public Entities Coordinating 

Group, consisting of Federal, State, and 

local stakeholders, and solicited their 

input on a set of project options to be 

considered for evaluation. 

On April 5, 2021, EPA published a 

Notice of Intent (NOI) to prepare an EIS 

(86 FR 17595) for the Proposed Action. 

Since the NOI was issued, EPA 

identified specific alternatives to be 

evaluated and prepared a Draft 

Programmatic EIS (Draft PEIS) for the 

Proposed Action, which sets forth a 

framework for tiered decision making in 

accordance with 40 CFR 1501.11. 

Purpose and Need for the Proposed 

Action: In accordance with the Clean 

Water Act and the USMCA 

Implementation Act, the purpose and 

need of this action is to reduce 

transboundary flows from Tijuana that 

convey pollutants, sewage, and/or trash 

into the U.S. and cause adverse public 

health and environmental impacts in 

the Tijuana River watershed and 

neighboring coastal areas in the U.S. as 

described in the preceding section. 

Purpose of the Programmatic EIS: The 

Draft PEIS is a programmatic NEPA 

document that evaluates environmental 

impacts of broad agency actions such as 

a wide range of individual projects, 

implementation over a long timeframe, 

or implementation across a large 

geographic area. The Draft PEIS 

establishes a tiering process for 

subsequent agency decisions that is 

supported, in part, by the analysis 

detailed in the Draft PEIS. The initial 

programmatic decision to be made in 

this Draft PEIS is whether EPA and the 

USIBWC should consider funding and 

implementing water infrastructure 

projects that reduce transboundary 

flows in the Tijuana River watershed 

and adjacent coastal areas. The Draft 

PEIS evaluates: (1) the No-Action 

Alternative (no disbursement of funding 

and continuation of current wastewater 

management practices; (2) Alternative 1 

(a limited approach); or (3) Alternative 

2 (a more comprehensive solution). The 

Core projects found in Alternative 1 are 

sufficiently developed to be ready for 

decision making and, after completing 

the NEPA process, would be considered 

analyzed in sufficient detail for 

immediate action. In contrast, 

Alternative 2 includes a larger range of 

projects known as the Supplemental 

Projects, several of which are not yet 

ready for decision making. These 

Supplemental Projects require 

additional consideration in subsequent 

tiered NEPA documents before a 

decision can be made and action can be 

taken (for additional information on 

tiering, refer to 40 CFR 1501.11). By 

establishing this Draft PEIS, EPA and 

USIBWC aim to accomplish the 

following: 

• Make a broad programmatic 

decision about which funding approach 

to take, 

• Provide a comprehensive baseline 

analysis from which subsequent sitespecific proposals (Supplemental 

Projects) can be tiered, 

• Efficiently analyze and make 

decisions on funds for Core Projects that 

are more evolved in planning and 

design than Supplemental Projects and 

thus ready for decision making, 

• Avoid repetition by using the Draft 

PEIS as a foundation for the 

environmental review in subsequent 

tiered NEPA documents, and 

• Streamline the later environmental 

review processes of Supplemental 

Projects so that they may move forward 

as soon as they are sufficiently 

developed for decision making and 

action. 

Proposed Action and Alternatives: 

The EPA and IBWC’s Proposed Action 

is the implementation of projects to 

address impacts from transboundary 

flows in the Tijuana River watershed 

and adjacent coastal areas. Because of 

the programmatic nature of the 

decisions to be made, only the Core 

projects could be implemented at the 

completion of this NEPA process. The 

Supplemental projects would require 

additional tiered review before being 

implemented. The Proposed Action 

addresses the purpose and need stated 

above by: 

• Reducing the generation and/or 

discharge of contaminated flows from 

point and nonpoint sources of pollution 

in the Tijuana region, 

• Improving the collection and/or 

treatment of contaminated flows in the 

Tijuana region before they reach the 

U.S.-Mexico border, and 

• Improving the collection and/or 

treatment of contaminated 

transboundary flows in the U.S. 

The Draft PEIS evaluates a No-Action 

Alternative and two alternatives for 

implementing the Proposed Action: 

• No-Action Alternative. This 

alternative would not implement the 

Proposed Action. NEPA requires that a 

No-Action Alternative be analyzed to 

determine the environmental 

consequences of not undertaking the 

Proposed Action, and thereby providing 

a baseline against which the potential 

beneficial and adverse environmental 

impacts of action alternatives can be 

evaluated and compared. 

• Alternative 1: Core Projects. Under 

this alternative, EPA would fund some 

components of the Comprehensive 

Infrastructure Solution that are the 

responsibility of the U.S., pursuant to 

the terms of the final cost sharing 

agreement between the U.S. and 

Mexico. This approach would fund and 

implement only those projects that are 

sufficiently developed and ready for 

decision making and is not expected to 

require substantial additional U.S. 

funding beyond the USMCA 

Implementation Act appropriation and 

funds from existing programs such as 

EPA’s Border Water Infrastructure 

Program (BWIP). Alternative 1 includes 

four Core Projects: Projects A (Expanded 

South Bay International Wastewater 

Treatment Plant [ITP]), B (Tijuana 

Canyon Flows to ITP), C (Tijuana Sewer 

Repairs), and D (Advanced Primary 

Treatment Plant [APTP] Phase 1). 

• Alternative 2: Core and 

Supplemental Projects. Under this 

alternative, EPA would use U.S. 

appropriations to fund all components 

of the Comprehensive Infrastructure 

Solution that are the responsibility of 

the U.S., pursuant to the terms of the 

final cost sharing agreement between 

the U.S. and Mexico. This more 

comprehensive approach is expected to 

require additional funding beyond the 

USMCA Implementation Act 

appropriations and funds from existing 

programs such as EPA’s BWIP. EPA is 

in the process of identifying additional 

opportunities for Federal funding and/ 


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Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 36489 

or State appropriations that could be 

used to fully implement the 

Comprehensive Infrastructure Solution. 

Alternative 2 includes the four Core 

Projects (from Alternative 1) and six 

Supplemental Projects (10 projects in 

total) and would provide a more 

comprehensive solution for reducing 

contaminated transboundary flows. The 

six Supplemental Projects are Projects E 

(APTP Phase 2), F (U.S.-side River 

Diversion to APTP), G (New San 

Antonio de los Buenos Wastewater 

Treatment Plant [SABTP]), H (Tijuana 

Wastewater Treatment Plant Treated 

Effluent Reuse), I (ITP Treated Effluent 

Reuse), and J (Trash Boom[s]). 

A preferred alternative has not been 

identified at this time. Descriptions of 

the alternatives, including descriptions 

of Core and Supplemental Projects, can 

be found in the Draft PEIS and on the 

project website at https://www.epa.gov/ 

sustainable-water-infrastructure/usmcatijuana-river-watershed. 

Summary of Expected Impacts: The 

Proposed Action is expected to have 

beneficial impacts to public safety and 

water quality in the Tijuana River 

watershed and adjacent coastal areas. 

The Proposed Action covers a large 

geographic area and would impact a 

broad range of resource areas, including 

water resources, geologic resources, the 

coastal zone, air quality, climate, 

biological resources, cultural resources, 

land use, visual resources, solid and 

hazardous waste, energy, public services 

and utilities, public health and safety, 

transportation, noise, socioeconomics, 

and environmental justice. The impacts 

to these resources are analyzed in the 

Draft PEIS. 

Anticipated Permits and 

Authorization: Implementation of the 

Proposed Action may require Federal 

authorizations, permits, or consultants 

pursuant to the Endangered Species Act, 

Clean Water Act, National Historic 

Preservation Act, and Coastal Zone 

Management Act. EPA has initiated 

engagement with Federal agencies such 

as the U.S. Fish and Wildlife Service, 

National Marine Fisheries Service, and 

U.S. Army Corps of Engineers and is 

working closely with other binational, 

State, and local agencies and 

stakeholders. 

Public Comment: EPA and USIBWC 

have established a 45-day public 

comment period for the Draft PEIS. The 

45-day public comment period will start 

upon publication of the EPA Notice of 

Availability (NOA) of Programmatic 

Environmental Impact Statements in the 

Federal Register. Comments on the 

Draft PEIS must be received by 5 p.m. 

Pacific Daylight Time within 45 days 

after publication of the NOA. EPA and 

USIBWC are requesting written 

comments from Federal, State, and local 

governments, industry, nongovernmental organizations, and the 

general public on: 

• The range of alternatives 

considered, 

• The environmental issues 

evaluated, 

• The submitted alternatives, 

information, and analyses and the 

summary thereof, and/or 

• Measures to mitigate the 

environmental consequences of the 

Proposed Action. 

Public comment meetings will be held 

virtually on July 19, 2022. and July 20, 

2022. Consult the ‘‘Dates’’ section above 

for further information on the public 

comment meetings. All interested 

parties are encouraged to attend. 

Pursuant to 40 CFR 1503.3, comments 

on the Draft PEIS shall be as specific as 

possible, may address the adequacy of 

the Draft PEIS and/or the merits of the 

alternatives, and shall provide sufficient 

detail to meaningfully participate and 

fully inform EPA and USIBWC of the 

commenter’s position. Commenters 

should explain the importance of their 

comments to the consideration of 

potential impacts and alternatives to the 

Proposed Action, as well as economic 

and employment impacts, and other 

impacts affecting the quality of the 

human environment. Comments on the 

submitted alternatives, information, and 

analyses and summary should be as 

specific as possible. Comments and 

objections of any kind shall be raised 

within the comment period on the Draft 

PEIS. Commentors should reference the 

corresponding section or page number 

of the Draft PEIS; propose specific 

changes where possible; and include 

data sources and methodologies 

supporting any proposed changes. 

Estimated Date of Final PEIS Release: 

Once the public review and comment 

process is complete, EPA and USIBWC 

will prepare a Final PEIS and will 

publish a Federal Register notice 

announcing its public availability. EPA 

and USIBWC will provide the public 

with an opportunity to review and 

comment on the Final PEIS. After EPA 

and USIBWC consider those comments, 

EPA and USIBWC will prepare the final 

ROD and similarly announce its 

availability. Comments received during 

the Draft PEIS review period will be 

made available in the Final PEIS. The 

Final PEIS is expected to be released by 

November 2022. 

Martha Guzman Aceves, 

Regional Administrator, Environmental 

Protection Agency Region IX. 

Mariaelena Giner, 

Commissioner (U.S. Section), International 

Boundary and Water Commission, United 

States and Mexico United States Section. 

[FR Doc. 2022–13143 Filed 6–16–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL 9899–01–OW] 

Notice of Funding Availability for 

Credit Assistance Under WIFIA 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of funding availability. 

SUMMARY: In the Further Consolidated 

Appropriations Act, 2022, signed by the 

President on March 15, 2022, Congress 

provided $58.5 million in budget 

authority for the Water Infrastructure 

Finance and Innovation Act of 2014 

(WIFIA) program to cover the subsidy 

required to provide a much larger 

amount of credit assistance. The U.S. 

Environmental Protection Agency (EPA) 

estimates that this budget authority may 

provide approximately $5.5 billion in 

credit assistance and may finance 

approximately $11 billion in water 

infrastructure investment. The purpose 

of this notice of funding availability 

(NOFA) is to solicit letters of interest 

(LOIs) from prospective borrowers 

seeking credit assistance from EPA 

under the WIFIA program. 

ADDRESSES: Prospective borrowers 

should submit all LOIs electronically 

via EPA’s SharePoint site. To be granted 

access to the SharePoint site, 

prospective borrowers should contact 

wifia@epa.gov and request a link to the 

SharePoint site, where they can securely 

upload their LOIs and then email wifia@

epa.gov once the complete LOI package 

has been uploaded to the SharePoint 

site. 

EPA will notify prospective borrowers 

that their LOI has been received via a 

confirmation email. 

Prospective borrowers can access 

additional information, including the 

WIFIA program handbook and 

application materials, on the WIFIA 

website: https://www.epa.gov/wifia/. 

SUPPLEMENTARY INFORMATION: 


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