81 FR 75816 - Final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges From the Application of Pesticides; Reissuance
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 211 (November 1, 2016)
Federal Register Volume 81, Issue 211 (November 1, 2016)
| Page Range | 75816-75820 | |
| FR Document | 2016-26375 |
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)] [Notices] [Pages 75816-75820] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26375] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OW-2015-0499; FRL-9954-82-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 ten Environmental Protection Agency (EPA) Regions of the final 2016 National Pollutant Discharge Elimination System (NPDES) pesticide general permit (PGP)-- the ``2016 PGP.'' The 2016 PGP, which has an effective date of October 31, 2016, replaces the existing permit (``2011 PGP'') that expires at midnight on October 31, 2016, 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. EPA is issuing this permit for five (5) years in all areas of the country where EPA is the NPDES permitting authority. DATES: The permit is effective on October 31, 2016, and will expire at midnight, October 31, 2021. In accordance with 40 CFR part 23, this permit shall be considered issued for the purpose of judicial review on November 15, 2016. Under Section 509(b) of the Clean Water Act, 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 Clean Water Act, 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 to be covered, if required, are provided in Part 1.2.3, Table 1-2, of the 2016 PGP. FOR FURTHER INFORMATION CONTACT: EPA Regional Office listed in Section I.C., or you can send an email to [email protected]. You may also contact Prasad Chumble, EPA Headquarters, Office of Water, Office of Wastewater Management at tel.: 202-564-0021 or email: [email protected]. SUPPLEMENTARY INFORMATION: This section is organized as follows: 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. Who are the EPA regional contacts for this final permit? II. Background III. Scope and Applicability A. Geographic Coverage B. Categories of Pesticide Use-Patterns Covered C. Summary of Updates to the 2011 PGP and from the Proposed 2016 PGP. D. Summary of 2016 PGP Terms and Requirements IV. Cost Impacts of the PGP V. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments I. General Information A. Does this action apply to me? You may be affected by this action if you apply pesticides, under the use patterns in Section III.B, that result in a discharge to waters of the United States in one of the geographic areas identified in Section III.A. 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 2016 PGP ------------------------------------------------------------------------ Examples of Category NAICS potentially affected entities ------------------------------------------------------------------------ Agriculture parties--General 111 Crop Producers of crops agricultural interests, Production. mainly for food and farmers/producers, forestry, fiber, including and irrigation. farms, orchards, groves, greenhouses, and nurseries that have irrigation ditches requiring pest control. 113110 Timber The operation of Tract Operations. timber tracts for the purpose of selling standing timber. 113210 Forest Growing trees for Nurseries reforestation and/or Gathering of gathering forest Forest Products. products, such as gums, barks, balsam needles, rhizomes, fibers, Spanish moss, ginseng, and truffles. 221310 Water Operating irrigation Supply for systems. Irrigation. Pesticide parties (includes 325320 Pesticide Formulation and pesticide manufacturers, and Other preparation of other pesticide users/ Agricultural agricultural pest interests, and consultants). Chemical control chemicals. Manufacturing. Public health parties 923120 Government (includes mosquito or other Administration establishments vector control districts and of Public Health primarily engaged in commercial applicators that Programs. the planning, service these). administration, and coordination of public health programs and services, including environmental health activities. Resource management parties 924110 Government (includes State departments Administration establishments of fish and wildlife, State of Air and Water primarily engaged in departments of pesticide Resource and the administration, regulation, State Solid Waste regulation, and environmental agencies, and Management enforcement of air universities). Programs. 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 75817]] 924120 Government Administration establishments of Conservation primarily engaged in Programs. 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? 1. Docket. EPA has established an official public docket for this action under Docket ID No. EPA-HQ-OW-2015-0499. The official public docket is the collection of materials that are available for public viewing at the Water Docket in the EPA Docket Center, (EPA/DC) WJC West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460. 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 in hard copy at the EPA Docket Center Public Reading Room, open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room and the Water Docket is (202) 566-1744. 2. Electronic Access. You may access this Federal Register document electronically through the United States government on-line source for federal regulations at http://www.regulations.gov. An electronic version of the public docket is available through the EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http://www.regulations.gov to view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. For additional information about the EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/dockets. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials at the EPA Docket Center. Electronic versions of the 2016 PGP and Fact Sheet are also available on the EPA's NPDES Web site at https://www.epa.gov/npdes/pesticide-permitting. C. Who are the EPA regional contacts for this final permit? For EPA Region 1, contact George Papadopoulos at tel.: (617) 918- 1579; or email at [email protected]. For EPA Region 2, contact Maureen Krudner at tel.: (212) 637-3874; or email at [email protected]. For EPA Region 3, contact Mark Smith at tel.: (215) 814-3105; or email at [email protected]. For EPA Region 4, contact Sam Sampath at tel.: (404) 562-9229; or email at [email protected]. For EPA Region 5, contact Jason Hewitt at tel.: (312) 353-3114; or email at [email protected]. For EPA Region 6, contact Kilty Baskin at tel.: (214) 665-7500 or email at [email protected]. For EPA Region 7, contact Kimberly Hill at tel.: (913) 551-7841 or email at: [email protected]. For EPA Region 8, contact David Rise at tel.: (406) 457-5012 or email at: [email protected]. For EPA Region 9, contact Pascal Mues at tel.: (415) 972-3768 or email at: [email protected]. For EPA Region 10, contact Dirk Helder at tel.: (208) 378-5749 or email at: [email protected]. II. Background Section 301(a) of the Clean Water Act (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, (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), 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. EPA issued the first Pesticide General Permit (``2011 PGP'') on October 31, 2011, in response to the United States Sixth Circuit Court of Appeals ruling vacating EPA's 2006 Final Rule on Aquatic Pesticides. National Cotton Council of America. v. EPA, 553 F.3d 927 (6th Cir. 2009). EPA is issuing the 2016 PGP to replace the 2011 PGP which expires at midnight on October 31, 2016. Similar to the 2011 PGP, the 2016 PGP provides coverage for certain point source discharges from the application of pesticides to waters of the United States in areas where EPA is the NPDES permitting authority. EPA published the draft 2016 PGP and accompanying Fact Sheet in the Federal Register on January 26, 2016 (81 FR 4289), soliciting comments on the draft permit. EPA also conducted formal consultation with Indian Tribal Governments. EPA received 28 written comment letters on the draft permit. [[Page 75818]] EPA considered all comments received during the comment period in preparing the final permit. EPA responded to all significant comments in the Response to Comment Document which is available as part of the docket for this permit. III. Scope and Applicability A. Geographic Coverage EPA provides permit coverage for classes of point source discharges that occur in areas where EPA is the NPDES permitting authority. The geographic coverage of the 2016 PGP is listed in Appendix C of the permit and also listed below. This permit also applies in all areas of Indian Country that are not covered by an EPA-approved permitting program, for example, the areas of Indian Country described below: EPA Region 1Massachusetts, including Indian Country within Massachusetts Indian Country within Connecticut New Hampshire Indian Country within Rhode Island Federal Facilities within Vermont EPA Region 2 Indian Country within New York State Puerto Rico EPA Region 3 The District of Columbia Federal Facilities within Delaware EPA Region 4 Indian Country within Alabama Indian Country within Florida Indian Country within Mississippi Indian Country within North Carolina EPA Region 5 Indian Country within Michigan Indian Country within Minnesota, excluding Fond du Lac Band of Chippewa Indian Country within Wisconsin, excluding Lac du Flambeau Band of Lake Superior Chippewa Indians EPA Region 6 Indian Country within Louisiana New Mexico, including Indian Country within New Mexico, except Navajo Reservation Lands (see Region 9) and Ute Mountain Reservation Lands (see Region 8) Indian Country within Oklahoma Discharges in Texas that are not under the authority of the Texas Commission on Environmental Quality (formerly TNRCC), including activities associated with the exploration, development, or production of oil or gas or geothermal resources, including transportation of crude oil or natural gas by pipeline, including Indian Country. EPA Region 7 Indian Country within Iowa Indian Country within Kansas Indian Country within Nebraska, except Pine Ridge Reservation lands (see Region 8) EPA Region 8 Federal Facilities in Colorado, including those on Indian Country within Colorado as well as the portion of the Ute Mountain Reservation located in New Mexico Indian Country within Montana Indian Country within North Dakota Indian Country within South Dakota, as well as the portion of the Pine Ridge Reservation located in Nebraska (see Region 7) Indian Country within Utah, except Goshute and Navajo Reservation lands (see Region 9) Indian Country within Wyoming PA Region 9 The Island of American Samoa Indian Country within Arizona as well as Navajo Reservation lands in New Mexico (see Region 6) and Utah (see Region 8), excluding Hualapai Tribe Indian Country within California, excluding Hoopa Valley Tribe The Island of Guam The Johnston Atoll Midway Island, Wake Island, and other unincorporated U.S. possessions The Commonwealth of the Northern Mariana Islands Indian Country within the State of Nevada, as well as the Duck Valley Reservation in Idaho, the Fort McDermitt Reservation in Oregon (see Region 10) and the Goshute Reservation in Utah (see Region 8) EPA Region 10 Indian Country and the Denali National Park and Preserve within Alaska Idaho, including Indian Country within Idaho, except Duck Valley Reservation lands (see Region 9) Indian Country within Oregon, except Fort McDermitt Reservation lands (see Region 9) Federal Facilities in Washington, including those located on Indian Country within Washington B. Categories of Pesticide Use-Patterns Covered This permit regulates discharges to waters of the United States from the application of (1) biological pesticides, and (2) chemical pesticides that leave a residue. These apply to the following pesticide use patterns: Mosquito and Other Flying Insect Pest Control--to control public health/nuisance and other flying insect pests that develop or are present during a portion of their life cycle in or above standing or flowing water. Public health/nuisance and other flying insect pests in this use category include mosquitoes and black flies. Weed and Algae Pest Control--to control weeds, algae, and pathogens that are pests in water and at water's edge, including ditches and/or canals. Animal Pest Control--to control animal pests in water and at water's edge. Animal pests in this use category include fish, lampreys, insects, mollusks, and pathogens. Forest Canopy Pest Control--application of a pesticide to a forest canopy to control the population of a pest species (e.g., insect or pathogen) where, to target the pests effectively, a portion of the pesticide unavoidably will be applied over and deposited to water. The scope of activities encompassed by these pesticide use patterns is described in greater detail in Part III.1.1 of the Fact Sheet for the 2016 PGP. C. Summary of Updates to the 2011 PGP and From the Proposed 2016 PGP The 2016 PGP replaces the 2011 PGP, which was issued for a five- year term on October 31, 2011 (76 FR 68750) and expires October 31, 2016, at midnight. While the requirements of the 2016 PGP remain the same as those in the 2011 PGP, some minor updates have been added and are discussed in more detail in the 2016 PGP Fact Sheet, such as: Added electronic reporting requirements in Part 7.8 of the PGP to be consistent with EPA's Electronic Reporting Rule (78 FR 46005); and Updated the definition of National Marine Fisheries Service (NMFS) Listed Resources of Concern to include additional species as a result of consultation between EPA and NMFS, as required under Section 7 of the Endangered Species Act. EPA published the draft 2016 PGP for public comment on January 26, 2016 (81 FR 4289). The following is a summary of permit modifications from the draft 2016 PGP: Changed the date when Notices Of Intent (NOIs) are required from October 31, 2016, to January 12, 2017, in order to allow Decision-makers enough time to read and understand the permit requirements and comply with the reporting and recordkeeping requirements of the permit; and [[Page 75819]] Updated Part 9.0 of the 2016 PGP to reflect state and tribal CWA Section 401 certifications. D. Summary of 2016 PGP Terms and Requirements The 2016 PGP is similar to the 2011 PGP, and is structured in the same nine parts: (1) Coverage under the permit, (2) technology-based effluent limitations, (3) water quality-based effluent limitations, (4) monitoring, (5) pesticide discharge management plan, (6) corrective action, (7) recordkeeping and Annual Reporting, (8) EPA contact information and mailing addresses, and (9) permit conditions applicable to specific states, Indian Country, or territories. Additionally, as with the 2011 PGP, the 2016 PGP includes nine appendices with additional conditions and guidance for permittees: (A) Definitions, abbreviations, and acronyms, (B) standard permit conditions, (C) areas covered, (D) NOI form, (E) Notice of Termination (NOT) form, (F) Pesticide Discharge Evaluation worksheet (PDEW), (G) Annual Reporting template, (H) Adverse Incident template, and (I) endangered species procedures. The following is a summary of the 2016 PGP's requirements: The PGP defines ``Operator'' (i.e., the entity required to obtain NPDES permit coverage for discharges) to include any (a) Applicator who performs the application of pesticides or has day-to-day control of the application of pesticides that results in a discharge to waters of the United States, or (b) Decision-maker who controls any decision to apply pesticides that results in a discharge to waters of the United States. There may be instances when a single entity acts as both an Applicator and a Decision-maker. All Applicators are required to minimize pesticide discharges by using only the amount of pesticide and frequency of pesticide application necessary to control the target pest, maintain pesticide application equipment in proper operating condition, control discharges as necessary to meet applicable water quality standards, and monitor for and report any adverse incidents. All Decision-makers are required, to the extent not determined by the Applicator, to minimize pesticide discharges by using only the amount of pesticide and frequency of pesticide application necessary to control the target pest. All Decision-makers are also required to control discharges as necessary to meet applicable water quality standards and monitor for and report any adverse incidents. Coverage under this permit is available only for discharges and discharge-related activities that are not likely to adversely affect species that are federally-listed as endangered or threatened (``listed'') under the Endangered Species Act (ESA) or habitat that is federally-designated as critical under the ESA (``critical habitat''), except for certain cases specified in the permit involving prior consultation with the NMFS, and for Declared Pest Emergency Situations. The permit contains several provisions addressing listed species, including for certain listed species identified in the permit as NMFS Listed Resources of Concern, that Decision-makers whose discharges may affect these resources certify compliance with one of six criteria which together ensure that any potential adverse effects have been properly considered and addressed. These NMFS Listed Resources of Concern for the PGP are identified in detail on EPA's Web site at https://www.epa.gov/npdes/pesticide-permitting-ESA-procedures. Other requirements that address protection of listed species include the waiting periods between submission of an NOI and authorization to discharge, and specific permit conditions requiring compliance with the results of any ESA Section 7 consultation with the Services, or ESA Section 10 permit issued by the Services. Certain Decision-makers [i.e., any agency for which pest management for land resource stewardship is an integral part of the organization's operations, entities with a specific responsibility to control pests (e.g., mosquito and weed control districts), local governments or other entities that apply pesticides in excess of specified annual treatment area thresholds, and entities that discharge pesticides to Tier 3 waters or to waters of the United States containing NMFS Listed Resources of Concern] are required to also submit an NOI to obtain authorization to discharge and implement pest management options to reduce the discharge of pesticides to waters of the United States. Of this group, certain large Decision-makers must also develop a Pesticide Discharge Management Plan (PDMP), submit annual reports, and maintain detailed records. Certain small Decision- makers are required to complete a pesticide discharge evaluation worksheet for each pesticide application (in lieu of the more comprehensive PDMP), an annual report, and detailed recordkeeping. Permit conditions take effect as of October 31, 2016; however, Operators with eligible discharges are authorized for permit coverage (or automatically covered) through January 12, 2017 without submission of an NOI. Thus, for any discharges commencing on or before January 12, 2017 that will continue after this date, an NOI must be submitted no later than January 2, 2017 to ensure uninterrupted permit coverage, and for any discharge occurring after January 12, 2017, no later than 10 days before the first discharge occurring after January 12, 2017. IV. Cost Impacts of the PGP EPA expects the costs that covered entities, including small businesses, will bear to comply with this permit to be minimal. A copy of the EPA's cost impact analysis, titled, ``Cost Impact Analysis for the EPA's Final 2016 Pesticide General Permit (PGP)'' is available in the docket for this permit. V. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments In compliance with Executive Order 13175, EPA consulted with tribal officials to gain an understanding of, and where necessary, to address tribal implications of the 2016 PGP. In the course of this consultation, EPA undertook the following activities: October 28, 2015--EPA mailed notification letters to tribal leaders initiating consultation and coordination on the renewal of the PGP. The initiation letter was posted on the tribal portal Web site at https://www.epa.gov/tribal. November 19, 2015--EPA held an informational teleconference open to all tribal representatives, and reserved the last part of the teleconference for official consultation comments. Seven tribal officials participated. EPA also invited tribes to submit written comments on the draft 2016 PGP. The presentation was posted on the tribal portal Web site at http://tcots.epa.gov. EPA did not receive any comments during the formal tribal consultation period. EPA notes that as part of the finalization of this permit, the Agency completed Section 401 certification procedures with all applicable tribes where this permit will apply (see Part 9 and Appendix C of the PGP). Authority: Clean Water Act, 33 U.S.C. 1251 et seq. [[Page 75820]] Dated: October 24, 2016. H. Curtis Spalding, Regional Administrator, EPA Region 1. Dated: October 24, 2016. Javier Laureano, Director, Clean Water Division, EPA Region 2. Dated: October 24, 2016. Carmen R. Guerrero-Perez, Division Director, Caribbean Environmental Protection Division, EPA Region 2. Dated: October 24, 2016. Jon M. Capacasa, Director, Water Protection Division, EPA Region 3. Dated: October 24, 2016. James D. Giattina, Director, Water Protection Division, EPA Region 4. Dated: October 24, 2016. Christopher Korleski, Director, Water Division, EPA Region 5. Dated: October 24, 2016. William K. Honker, Director, Water Division, EPA Region 6. Dated: October 24, 2016. Karen A. Flournoy, Director, Water, Wetlands and Pesticides Division, EPA Region 7. Dated: October 24, 2016. Darcy O'Connor, Acting Assistant Regional Administrator, Office of Water Protection, EPA Region 8. Dated: October 24, 2016. Tom[aacute]s Torres, Division Director, Water Division, EPA Region 9. Dated: October 24, 2016. Christine Psyk, Deputy Director, Office of Water and Watersheds, EPA Region 10. [FR Doc. 2016-26375 Filed 10-31-16; 8:45 am] BILLING CODE 6560-50-P
![75816 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices
Frequency of response: Annual. existing permit (‘‘2011 PGP’’) that Office of Wastewater Management at
Total estimated burden: 70 hours (per expires at midnight on October 31, tel.: 202–564–0021 or email:
year). Burden is defined at 5 CFR 2016, and authorizes certain point chumble.prasad@epa.gov.
1320.03(b). source discharges from the application
SUPPLEMENTARY INFORMATION: This
Total estimated cost: $4674 (per year). of pesticides to waters of the United
section is organized as follows:
Changes in Estimates: The renewal States in accordance with the terms and
ICR will address all changes in the total conditions described therein. EPA is Table of Contents
estimated respondent burden since the issuing this permit for five (5) years in I. General Information
last renewal. all areas of the country where EPA is the A. Does this action apply to me?
NPDES permitting authority. B. How can I get copies of this document
Courtney Kerwin,
DATES: The permit is effective on and other related information?
Director, Regulatory Support Division.
October 31, 2016, and will expire at C. Who are the EPA regional contacts for
[FR Doc. 2016–26319 Filed 10–31–16; 8:45 am] this final permit?
midnight, October 31, 2021. In
BILLING CODE 6560–50–P
accordance with 40 CFR part 23, this II. Background
III. Scope and Applicability
permit shall be considered issued for
A. Geographic Coverage
the purpose of judicial review on B. Categories of Pesticide Use-Patterns
ENVIRONMENTAL PROTECTION
November 15, 2016. Under Section Covered
AGENCY
509(b) of the Clean Water Act, judicial C. Summary of Updates to the 2011 PGP
[EPA–HQ–OW–2015–0499; FRL–9954–82– review of this general permit can be and from the Proposed 2016 PGP.
OW] requested by filing a petition for review D. Summary of 2016 PGP Terms and
in the United States Court of Appeals Requirements
Final National Pollutant Discharge within 120 days after the permit is IV. Cost Impacts of the PGP
Elimination System (NPDES) Pesticide considered issued. Under Section 509(b) V. Executive Order 13175: Consultation and
General Permit for Point Source Coordination With Indian Tribal
of the Clean Water Act, the
Discharges From the Application of Governments
requirements of this permit may not be
Pesticides; Reissuance challenged later in civil or criminal I. General Information
AGENCY: Environmental Protection proceedings to enforce these
A. Does this action apply to me?
Agency (EPA). requirements. In addition, this permit
ACTION: Notice of final permit issuance.
may not be challenged in other agency You may be affected by this action if
proceedings. Deadlines for submittal of you apply pesticides, under the use
SUMMARY: This notice announces a Notices of Intent to be covered, if patterns in Section III.B, that result in a
issuance by all ten Environmental required, are provided in Part 1.2.3, discharge to waters of the United States
Protection Agency (EPA) Regions of the Table 1–2, of the 2016 PGP. in one of the geographic areas identified
final 2016 National Pollutant Discharge FOR FURTHER INFORMATION CONTACT: EPA in Section III.A. Potentially affected
Elimination System (NPDES) pesticide Regional Office listed in Section I.C., or entities, as categorized in the North
general permit (PGP)—the ‘‘2016 PGP.’’ you can send an email to pgp@epa.gov. American Industry Classification
The 2016 PGP, which has an effective You may also contact Prasad Chumble, System (NAICS), may include, but are
date of October 31, 2016, replaces the EPA Headquarters, Office of Water, not limited to:
TABLE 1—ENTITIES POTENTIALLY REGULATED BY THE 2016 PGP
Category NAICS Examples of potentially affected entities
Agriculture parties—General agri- 111 Crop Production ..................... Producers of crops mainly for food and fiber, including farms, or-
cultural interests, farmers/pro- chards, groves, greenhouses, and nurseries that have irrigation
ducers, forestry, and irrigation. ditches requiring pest control.
113110 Timber Tract Operations .. The operation of timber tracts for the purpose of selling standing tim-
ber.
113210 Forest Nurseries Gath- Growing trees for reforestation and/or gathering forest products, such
ering of Forest Products. as gums, barks, balsam needles, rhizomes, fibers, Spanish moss,
ginseng, and truffles.
221310 Water Supply for Irrigation Operating irrigation systems.
Pesticide parties (includes pesticide 325320 Pesticide and Other Agri- Formulation and preparation of agricultural pest control chemicals.
manufacturers, other pesticide cultural Chemical Manufacturing.
users/interests, and consultants).
Public health parties (includes mos- 923120 Administration of Public Government establishments primarily engaged in the planning, ad-
quito or other vector control dis- Health Programs. ministration, and coordination of public health programs and serv-
tricts and commercial applicators ices, including environmental health activities.
that service these).
Resource management parties (in- 924110 Administration of Air and Government establishments primarily engaged in the administration,
cludes State departments of fish Water Resource and Solid regulation, and enforcement of air and water resource programs;
asabaliauskas on DSK3SPTVN1PROD with NOTICES
and wildlife, State departments of Waste Management Programs. the administration and regulation of water and air pollution control
pesticide regulation, State envi- and prevention programs; the administration and regulation of flood
ronmental agencies, and univer- control programs; the administration and regulation of drainage de-
sities). velopment and water resource consumption programs; and coordi-
nation of these activities at intergovernmental levels.
VerDate Sep<11>2014 00:01 Nov 01, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\01NON1.SGM 01NON1](https://thefederalregister.org/doc/81_FR_76027/page/1.svg)
![Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices 75819
• Updated Part 9.0 of the 2016 PGP to • Coverage under this permit is covered) through January 12, 2017
reflect state and tribal CWA Section 401 available only for discharges and without submission of an NOI. Thus, for
certifications. discharge-related activities that are not any discharges commencing on or
likely to adversely affect species that are before January 12, 2017 that will
D. Summary of 2016 PGP Terms and
federally-listed as endangered or continue after this date, an NOI must be
Requirements
threatened (‘‘listed’’) under the submitted no later than January 2, 2017
The 2016 PGP is similar to the 2011 Endangered Species Act (ESA) or to ensure uninterrupted permit
PGP, and is structured in the same nine habitat that is federally-designated as coverage, and for any discharge
parts: (1) Coverage under the permit, (2) critical under the ESA (‘‘critical
technology-based effluent limitations, occurring after January 12, 2017, no
habitat’’), except for certain cases
(3) water quality-based effluent later than 10 days before the first
specified in the permit involving prior
limitations, (4) monitoring, (5) pesticide discharge occurring after January 12,
consultation with the NMFS, and for
discharge management plan, (6) Declared Pest Emergency Situations. 2017.
corrective action, (7) recordkeeping and The permit contains several provisions IV. Cost Impacts of the PGP
Annual Reporting, (8) EPA contact addressing listed species, including for
information and mailing addresses, and certain listed species identified in the EPA expects the costs that covered
(9) permit conditions applicable to permit as NMFS Listed Resources of entities, including small businesses,
specific states, Indian Country, or Concern, that Decision-makers whose will bear to comply with this permit to
territories. Additionally, as with the discharges may affect these resources be minimal. A copy of the EPA’s cost
2011 PGP, the 2016 PGP includes nine certify compliance with one of six impact analysis, titled, ‘‘Cost Impact
appendices with additional conditions criteria which together ensure that any Analysis for the EPA’s Final 2016
and guidance for permittees: (A) potential adverse effects have been Pesticide General Permit (PGP)’’ is
Definitions, abbreviations, and properly considered and addressed. available in the docket for this permit.
acronyms, (B) standard permit These NMFS Listed Resources of
conditions, (C) areas covered, (D) NOI Concern for the PGP are identified in V. Executive Order 13175: Consultation
form, (E) Notice of Termination (NOT) detail on EPA’s Web site at https:// and Coordination With Indian Tribal
form, (F) Pesticide Discharge Evaluation www.epa.gov/npdes/pesticide- Governments
worksheet (PDEW), (G) Annual permitting-ESA-procedures. Other
Reporting template, (H) Adverse requirements that address protection of In compliance with Executive Order
Incident template, and (I) endangered listed species include the waiting 13175, EPA consulted with tribal
species procedures. periods between submission of an NOI officials to gain an understanding of,
The following is a summary of the and authorization to discharge, and and where necessary, to address tribal
2016 PGP’s requirements: specific permit conditions requiring implications of the 2016 PGP. In the
• The PGP defines ‘‘Operator’’ (i.e., compliance with the results of any ESA course of this consultation, EPA
the entity required to obtain NPDES Section 7 consultation with the undertook the following activities:
permit coverage for discharges) to Services, or ESA Section 10 permit
include any (a) Applicator who • October 28, 2015—EPA mailed
issued by the Services. notification letters to tribal leaders
performs the application of pesticides or • Certain Decision-makers [i.e., any
has day-to-day control of the application initiating consultation and coordination
agency for which pest management for
of pesticides that results in a discharge land resource stewardship is an integral on the renewal of the PGP. The
to waters of the United States, or (b) part of the organization’s operations, initiation letter was posted on the tribal
Decision-maker who controls any entities with a specific responsibility to portal Web site at https://www.epa.gov/
decision to apply pesticides that results control pests (e.g., mosquito and weed tribal.
in a discharge to waters of the United control districts), local governments or • November 19, 2015—EPA held an
States. There may be instances when a other entities that apply pesticides in informational teleconference open to all
single entity acts as both an Applicator excess of specified annual treatment tribal representatives, and reserved the
and a Decision-maker. area thresholds, and entities that last part of the teleconference for official
• All Applicators are required to discharge pesticides to Tier 3 waters or consultation comments. Seven tribal
minimize pesticide discharges by using to waters of the United States containing officials participated. EPA also invited
only the amount of pesticide and NMFS Listed Resources of Concern] are tribes to submit written comments on
frequency of pesticide application required to also submit an NOI to obtain the draft 2016 PGP. The presentation
necessary to control the target pest, authorization to discharge and
maintain pesticide application was posted on the tribal portal Web site
implement pest management options to
equipment in proper operating at http://tcots.epa.gov.
reduce the discharge of pesticides to
condition, control discharges as waters of the United States. Of this EPA did not receive any comments
necessary to meet applicable water group, certain large Decision-makers during the formal tribal consultation
quality standards, and monitor for and must also develop a Pesticide Discharge period. EPA notes that as part of the
report any adverse incidents. Management Plan (PDMP), submit finalization of this permit, the Agency
• All Decision-makers are required, to annual reports, and maintain detailed completed Section 401 certification
the extent not determined by the records. Certain small Decision-makers procedures with all applicable tribes
Applicator, to minimize pesticide
asabaliauskas on DSK3SPTVN1PROD with NOTICES
are required to complete a pesticide where this permit will apply (see Part 9
discharges by using only the amount of discharge evaluation worksheet for each and Appendix C of the PGP).
pesticide and frequency of pesticide pesticide application (in lieu of the
application necessary to control the Authority: Clean Water Act, 33 U.S.C. 1251
more comprehensive PDMP), an annual
target pest. All Decision-makers are also et seq.
report, and detailed recordkeeping.
required to control discharges as • Permit conditions take effect as of
necessary to meet applicable water October 31, 2016; however, Operators
quality standards and monitor for and with eligible discharges are authorized
report any adverse incidents. for permit coverage (or automatically
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![75820 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices
Dated: October 24, 2016. Missouri Department of Natural (2) the Missouri Department of Natural
H. Curtis Spalding, Resources. EPA has reviewed the Resources, Lewis and Clark State Office
Regional Administrator, EPA Region 1. application and intends to approve Building, 1101 Riverside Drive,
Dated: October 24, 2016. these program revisions. Jefferson City, Missouri 65102.
Javier Laureano, DATES: This determination to approve Submit your comments, identified by
Director, Clean Water Division, EPA Region the Missouri program revision is made Docket ID No. EPA–R07–OW–2016–
2. pursuant to 40 CFR 142.12(d) (3). This 0602, to http://www.regulations.gov.
Dated: October 24, 2016. determination shall become final and Follow the online instructions for
Carmen R. Guerrero-Perez, effective on December 1, 2016, unless submitting comments. Once submitted,
(1) a timely and appropriate request for
Division Director, Caribbean Environmental comments cannot be edited or removed
Protection Division, EPA Region 2. a public hearing is received or (2) the
from Regulations.gov. The EPA may
Dated: October 24, 2016.
Regional Administrator elects to hold a
public hearing on his own motion. Any publish any comment received to its
Jon M. Capacasa,
interested person, other than Federal public docket. Do not submit
Director, Water Protection Division, EPA Agencies, may request a public hearing. electronically any information you
Region 3. consider to be Confidential Business
A request for a public hearing must be
Dated: October 24, 2016. submitted to the Regional Administrator Information (CBI) or other information
James D. Giattina, at the address shown below by whose disclosure is restricted by statute.
Director, Water Protection Division, EPA December 1, 2016. If a request for a Multimedia submissions (audio, video,
Region 4. public hearing is made within the etc.) must be accompanied by a written
Dated: October 24, 2016. requested thirty-day time frame, a comment. The written comment is
Christopher Korleski, public hearing will be held and a notice considered the official comment and
Director, Water Division, EPA Region 5. will be given in the Federal Register should include discussion of all points
Dated: October 24, 2016. and a newspaper of general circulation. you wish to make. The EPA will
William K. Honker, Frivolous or insubstantial requests for a generally not consider comments or
Director, Water Division, EPA Region 6. hearing may be denied by the Regional comment contents located outside of the
Administrator. If no timely and primary submission (i.e. on the web,
Dated: October 24, 2016.
appropriate request for a hearing is cloud, or other file sharing system). For
Karen A. Flournoy,
received, and the Regional additional submission methods, the full
Director, Water, Wetlands and Pesticides Administrator does not elect to hold a
Division, EPA Region 7. EPA public comment policy,
hearing on his own motion, this information about CBI or multimedia
Dated: October 24, 2016. determination will become effective on
Darcy O’Connor,
submissions, and general guidance on
December 1, 2016. making effective comments, please visit
Acting Assistant Regional Administrator, All interested parties may request a
Office of Water Protection, EPA Region 8. http://www2.epa.gov/dockets/
public hearing on the approval to the
Dated: October 24, 2016. commenting-epa-dockets.
Regional Administrator at the EPA
Tomás Torres, Region 7 address shown below. FOR FURTHER INFORMATION CONTACT:
Division Director, Water Division, EPA Region ADDRESSES: Any request for a public Neftali Hernandez, Environmental
9. hearing shall include the following Protection Agency, Region 7, Drinking
Dated: October 24, 2016. information: (1) Name, address and Water Management Branch, (913) 551–
Christine Psyk, telephone number of the individual, 7036, or by email at hernandez-
Deputy Director, Office of Water and organization or other entity requesting a santiago.neftali@epa.gov.
Watersheds, EPA Region 10. hearing; (2) a brief statement of the
requesting person’s interest in the SUPPLEMENTARY INFORMATION: The EPA
[FR Doc. 2016–26375 Filed 10–31–16; 8:45 am] is hereby giving notice that the State of
Regional Administrator’s determination
BILLING CODE 6560–50–P
and a brief statement on information Missouri is revising its approved Public
that the requesting person intends to Water Supply Supervision Program
submit at such hearing; (3) the signature delegated to the Missouri Department of
ENVIRONMENTAL PROTECTION
of the individual making the request or, Natural Resources. The Missouri
AGENCY
if the request is made on behalf of an Department of Natural Resources
[EPA–R07–OW–2016–0602; FRL–9954–74– organization or other entity, the revised their program by incorporating
Region 7] signature of a responsible official of the the following EPA National Primary
organization or other entity. Requests Drinking Water Regulation: Ground
Notice of Approval of the Primacy
Revision Application for the Public for Public Hearing shall be addressed to: Water Rule (November 8, 2006, 71 FR
Water Supply Supervision Program Regional Administrator, Environmental 65574). EPA has reviewed the
from the State of Missouri Protection Agency, Region 7, 11201 application and determined that the
Renner Boulevard, Lenexa, Kansas revisions are no less stringent than the
AGENCY: Environmental Protection 66219. corresponding Federal regulations and
Agency (EPA). All documents relating to this that the State of Missouri continues to
determination are available for
asabaliauskas on DSK3SPTVN1PROD with NOTICES
ACTION: Notice of approval and meet all requirements for primary
solicitation of requests for a public inspection between the hours of 9:00 enforcement responsibility as specified
hearing. a.m. and 3:00 p.m., Monday through in 40 CFR 142.10. Therefore, EPA
Friday at the following offices: (1) U.S. intends to approve these program
SUMMARY: The Environmental Protection Environmental Protection Agency,
revisions.
Agency (EPA) is hereby giving notice Region 7, Water Wetlands and
that the State of Missouri is revising its Pesticides Division, Drinking Water (Authority: Section 1413 of the Safe Drinking
approved Public Water Supply Management Branch, 11201 Renner Water Act, as amended, and 40 CFR 142.10,
Supervision Program delegated to the Boulevard, Lenexa, Kansas 66219 and 142.12(d) and 142.13)
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Document Created: 2016-11-01 02:36:18
Document Modified: 2016-11-01 02:36:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final permit issuance. | |
| Dates | The permit is effective on October 31, 2016, and will expire at midnight, October 31, 2021. In accordance with 40 CFR part 23, this permit shall be considered issued for the purpose of judicial review on November 15, 2016. Under Section 509(b) of the Clean Water Act, 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 Clean Water Act, 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 to be covered, if required, are provided in Part 1.2.3, Table 1-2, of the 2016 PGP. | |
| Contact | EPA Regional Office listed in Section I.C., or you can send an email to [email protected] You may also contact Prasad Chumble, EPA Headquarters, Office of Water, Office of Wastewater Management at tel.: 202-564-0021 or email: [email protected] | |
| FR Citation | 81 FR 75816 |
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