82_FR_6546 82 FR 6534 - Final National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges From Construction Activities

82 FR 6534 - Final National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges From Construction Activities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 12 (January 19, 2017)

Page Range6534-6540
FR Document2017-01231

All ten EPA Regions today are issuing the 2017 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges from construction activities to waters of the United States, also referred to as the ``2017 Construction General Permit (CGP).'' The 2017 CGP replaces the existing general permit (the ``2012 CGP'') covering stormwater discharges from construction activities that expires on February 16, 2017. EPA is issuing this permit for five (5) years, during which time the permit will make available coverage to eligible operators in all areas of the country where EPA is the NPDES permitting authority. This Federal Register notice describes the 2017 CGP in general and provides a summary of the significant changes from the 2012 CGP.

Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017)
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6534-6540]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01231]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2015-0828; FRL-9958-68-OW]


Final National Pollutant Discharge Elimination System (NPDES) 
General Permit for Stormwater Discharges From Construction Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final permit issuance.

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SUMMARY: All ten EPA Regions today are issuing the 2017 National 
Pollutant Discharge Elimination System (NPDES) general permit for 
stormwater discharges from construction activities to waters of the 
United States, also referred to as the ``2017 Construction General 
Permit (CGP).'' The 2017 CGP replaces the existing general permit (the 
``2012 CGP'') covering stormwater discharges from construction 
activities that expires on February 16, 2017. EPA is issuing this 
permit for five (5) years, during which time the permit will make 
available coverage to eligible operators in all areas of the country 
where EPA is the NPDES permitting authority. This Federal Register 
notice describes the 2017 CGP in general and provides a summary of the 
significant changes from the 2012 CGP.

DATES: The 2017 CGP will become effective on February 16, 2017. This 
effective date will provide dischargers with the immediate opportunity 
to comply with Clean Water Act requirements in light of the expiration 
of the 2012 CGP at midnight on February 16, 2017. In accordance with 40 
CFR part 23, specifically 23.2, this permit shall be considered issued 
for the purpose of judicial review on January 25, 2017. 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)(2) of the Clean Water Act, this permit may not be 
challenged later in civil or criminal proceedings to enforce this 
permit. In addition, this permit may not be challenged in any other 
agency proceedings. Deadlines for submittal of notices of intent are 
provided in Part 1.4.3 of the permit. The permit also provides 
additional dates for compliance with the terms of the permit.

FOR FURTHER INFORMATION CONTACT: For further information on the permit, 
contact the appropriate EPA Regional office listed in Section I.C of 
this notice, or Emily Halter, EPA Headquarters, Office of Water, Office 
of Wastewater Management at tel.: 202-564-3324 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 these documents and other related 
information?
    C. Who are the EPA regional contacts for this permit?
II. Background of Permit
III. Summary of the Final 2017 CGP
    A. Technology-Based Effluent Limits
    B. Water Quality-Based Effluent Limits (WQBELs)
    C. Summary of Significant Permit Changes from the 2012 CGP
IV. Implementation Assistance
V. Analysis of Economic Impacts
VI. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
VII. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations
VIII. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments

I. General Information

A. Does this action apply to me?

1. Entities Covered by This Permit
    This permit covers the following entities, as categorized in the 
North American Industry Classification System (NAICS):

                                    Table 1--Entities Covered by This Permit
----------------------------------------------------------------------------------------------------------------
                                                                                               North American
                                                                                                  Industry
               Category                           Examples of affected entities            Classification System
                                                                                                (NAICS) code
----------------------------------------------------------------------------------------------------------------
Industry..............................  Construction site operators disturbing one (1) or more acres of land, or
                                          less than one (1) acre but part of a larger common plan of development
                                          or sale if the larger common plan will ultimately disturb one (1) acre
                                                    or more, and performing the following activities:
                                       -------------------------------------------------------------------------
                                        Construction of Buildings........................                   236
                                        Heavy and Civil Engineering Construction.........                   237
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[[Page 6535]]

    EPA does not intend the preceding table to be exhaustive, but 
provides it as a guide for readers regarding the types of activities 
that EPA is now aware of that could potentially be affected by this 
action. Other types of entities not listed in the table could also be 
affected. To determine whether your site is covered by this action, you 
should carefully examine the definition of ``construction activity'' 
and ``small construction activity'' in existing EPA regulations at 40 
CFR 122.26(b)(14)(x) and 122.26(b)(15), respectively. If you have 
questions regarding the applicability of this action to a particular 
entity, consult one of the persons listed for technical information in 
the preceding FOR FURTHER INFORMATION CONTACT section.
2. Construction Projects for Which Operators Are Eligible for Permit 
Coverage
    Coverage under this permit is available to operators of eligible 
projects located in those areas where EPA is the permitting authority. 
A list of eligible areas is included in Appendix B of the permit. 
Eligibility for permit coverage is limited to operators of ``new 
sites,'' operators of ``existing sites,'' ``new operators of permitted 
sites,'' and operators of ``emergency-related projects.'' A ``new 
site'' is a site where construction activities commenced on or after 
February 16, 2017. An ``existing site'' is a site where construction 
activities commenced prior to February 16, 2017. A ``new operator of a 
permitted site'' is an operator that through transfer of ownership and/
or operation replaces the operator of an already permitted construction 
site that is either a ``new site'' or an ``existing site.'' An 
``emergency-related project'' is a project initiated in response to a 
public emergency (e.g., mud slides, earthquake, extreme flooding 
conditions, disruption in essential public services), for which the 
related work requires immediate authorization to avoid imminent 
endangerment to human health or the environment, or to reestablish 
public services.
3. Geographic Coverage
    This permit makes coverage available to eligible operators for 
stormwater discharges from construction activities that occur in areas 
not covered by an approved state NPDES program. The areas of geographic 
coverage of this permit are listed in Appendix B, and include the 
states of New Hampshire, Massachusetts, New Mexico, and Idaho as well 
as most Indian country lands, and areas in selected states operated by 
a federal operator. Permit coverage is also available to eligible 
operators in Puerto Rico, the District of Columbia, and the Pacific 
Island territories, among others.

B. How can I get copies of these documents and other related 
information?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. EPA-HQ-OW-2015-0828. The official public 
docket is the collection of materials that is 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 is (202) 566-1744 and the 
telephone number for the Water Docket is (202) 566-2426.
    2. Electronic Access. You may access this Federal Register notice 
electronically through the United States government on-line source for 
Federal regulations at http://www.regulations.gov.
    Electronic versions of this permit and fact sheet are available on 
EPA's NPDES Web site at https://www.epa.gov/npdes/stormwater-discharges-construction-activities.
    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 EPA's public docket, 
visit the EPA Docket Center homepage at https://www.epa.gov/dockets. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the Docket Facility identified in Section I.B.1.

C. Who are the EPA regional contacts for this permit?

    For EPA Region 1, contact Suzanne Warner at tel.: (617) 918-1383 or 
email at [email protected].
    For EPA Region 2, contact Stephen Venezia at tel.: (212) 637-3856 
or email at [email protected], or for Puerto Rico, contact Sergio 
Bosques at tel.: (787) 977-5838 or email at [email protected].
    For EPA Region 3, contact Carissa Moncavage at tel.: (215) 814-5798 
or email at [email protected].
    For EPA Region 4, contact Michael Mitchell at tel.: (404) 562-9303 
or email at [email protected].
    For EPA Region 5, contact Brian Bell at tel.: (312) 886-0981 or 
email at [email protected].
    For EPA Region 6, contact Suzanna Perea at tel.: (214) 665-7217 or 
email at: [email protected].
    For EPA Region 7, contact Mark Matthews at tel.: (913) 551-7635 or 
email at: [email protected].
    For EPA Region 8, contact Amy Clark at tel.: (303) 312-7014 or 
email at: [email protected].
    For EPA Region 9, contact Eugene Bromley at tel.: (415) 972-3510 or 
email at [email protected].
    For EPA Region 10, contact Margaret McCauley at tel.: (206) 553-
1772 or email at [email protected].

II. Background of Permit

    The Clean Water Act (``CWA'') establishes a comprehensive program 
``to restore and maintain the chemical, physical, and biological 
integrity of the Nation's waters.'' 33 U.S.C. 1251(a). The CWA also 
includes the objective of attaining ``water quality which provides for 
the protection and propagation of fish, shellfish and wildlife and * * 
* recreation in and on the water.'' 33 U.S.C. 1251(a)(2)). To achieve 
these goals, the CWA requires EPA to control discharges of pollutants 
from point sources through the issuance of NPDES permits.
    The Water Quality Act of 1987 (WQA) added section 402(p) to the 
CWA, which directed EPA to develop a phased approach to regulate 
stormwater discharges under the NPDES program. 33 U.S.C. 1342(p). EPA 
published a final regulation in the Federal Register, often called the 
``Phase I Rule,'' on November 16, 1990, establishing permit application 
requirements for, among other things, ``storm water discharges 
associated with industrial activity.'' See 55 FR 47990. EPA defines the 
term ``storm water discharge associated with industrial activity'' in a 
comprehensive manner to cover a wide variety of facilities. See id. 
Construction activities, including activities that are part of a larger 
common plan of development or sale, that ultimately disturb at least 
five acres of land and have point source discharges to waters of the 
U.S. were included in the definition of ``industrial activity'' 
pursuant to 40 CFR 122.26(b)(14)(x). The second rule

[[Page 6536]]

implementing section 402(p), often called the ``Phase II Rule,'' was 
published in the Federal Register on December 8, 1999. It requires 
NPDES permits for discharges from construction sites disturbing at 
least one acre but less than five acres, including sites that are part 
of a larger common plan of development or sale that will ultimately 
disturb at least one acre but less than five acres, pursuant to 40 CFR 
122.26(b)(15)(i). See 64 FR 68722. EPA is issuing this permit under the 
statutory and regulatory authority cited above.
    NPDES permits for construction stormwater discharges are required 
under Section 402(a)(1) of the CWA to include conditions to meet 
technology-based effluent limits established under Section 301 and, 
where applicable, Section 306. Effluent Limitations Guidelines (ELGs) 
and New Source Performance Standards (NSPS) are technology-based 
effluent limitations that are based on the degree of control that can 
be achieved using various levels of pollutant control technology as 
defined in Subchapter III of the CWA.
    Once a new national standard is established in accordance with 
these sections, NPDES permits must incorporate limits based on such 
technology-based standards. See CWA sections 301 and 306, 33 U.S.C. 
1311 and 1316, and 40 CFR 122.44(a)(1). On December 1, 2009, EPA 
published final regulations establishing technology-based ELGs and 
NSPSs for the Construction & Development (C&D) point source category, 
which became effective on February 1, 2010. See 40 CFR part 450, and 74 
FR 62996 (December 1, 2009). The Construction & Development Rule, or 
``C&D rule,'' was amended on March 6, 2014 to satisfy EPA's agreements 
pursuant to a settlement of litigation that challenged the 2009 rule. 
See 79 FR 12661. All NPDES construction stormwater NPDES permits issued 
by EPA or states after this date must incorporate the requirements in 
the C&D rule.

III. Summary of the Final 2017 CGP

    The final 2017 CGP is substantially similar to the 2012 CGP. It 
includes effluent limitations (i.e., requirements for erosion and 
sediment and pollutant prevention controls) and requirements for self-
inspections, corrective actions, staff training, development of a 
stormwater pollution prevention plan (SWPPP), and permit conditions 
applicable to construction sites in specific states, Indian country 
lands, and territories. Additionally, the appendices provide forms for 
the submittal of a Notice of Intent (NOI), Notice of Termination (NOT), 
Low Erosivity Waiver (LEW), as well as step-by-step procedures for 
determining eligibility with respect to the protection of threatened 
and endangered species and historic properties, and for complying with 
the permit's natural buffer requirements.

A. Technology-Based Effluent Limits

    As stated above, all NPDES construction permits issued by EPA or 
states after March 6, 2014 must incorporate the requirements in the C&D 
rule, as amended. The non-numeric effluent limitations in the C&D rule 
are designed to prevent the mobilization and discharge of sediment and 
sediment-bound pollutants, such as metals and nutrients, and to prevent 
or minimize exposure of stormwater to construction materials, debris, 
and other sources of pollutants on construction sites. In addition, 
these non-numeric effluent limitations reduce the generation of 
dissolved pollutants. Soil on construction sites can contain a variety 
of pollutants such as nutrients, pesticides, herbicides, and metals. 
These pollutants may be present naturally in the soil, such as arsenic 
or selenium, or they may have been contributed by previous activities 
on the site, such as agriculture or industrial activities. These 
pollutants, once mobilized by stormwater, can detach from the soil 
particles and become dissolved pollutants. Once dissolved, these 
pollutants would not be removed by down-slope sediment controls. Source 
control through minimization of soil erosion is therefore the most 
effective way of controlling the discharge of these pollutants.
    The non-numeric effluent limits in the C&D rule, upon which the 
technology-based requirements in the permit are based, include the 
following:
     Erosion and Sediment Controls--Permittees are required to 
design, install and maintain effective erosion controls and sediment 
controls to minimize the discharge of pollutants. At a minimum, such 
controls must be designed, installed and maintained to:
    1. Control stormwater volume and velocity to minimize soil erosion 
in order to minimize pollutant discharges;
    2. Control stormwater discharges, including both peak flowrates and 
total stormwater volume, to minimize channel and streambank erosion and 
scour in the immediate vicinity of discharge points;
    3. Minimize the amount of soil exposed during construction 
activity;
    4. Minimize the disturbance of steep slopes;
    5. Minimize sediment discharges from the site. The design, 
installation and maintenance of erosion and sediment controls must 
address factors such as the amount, frequency, intensity and duration 
of precipitation, the nature of resulting stormwater discharge, and 
soil characteristics, including the range of soil particle sizes 
expected to be present on the site;
    6. Provide and maintain natural buffers around waters of the United 
States, direct stormwater to vegetated areas and maximize stormwater 
infiltration to reduce pollutant discharges, unless infeasible;
    7. Minimize soil compaction. Minimizing soil compaction is not 
required where the intended function of a specific area of the site 
dictates that it be compacted; and
    8. Unless infeasible, preserve topsoil. Preserving topsoil is not 
required where the intended function of a specific area of the site 
dictates that the topsoil be disturbed or removed.
     Soil Stabilization Requirements--Permittees are required 
to, at a minimum, initiate soil stabilization measures immediately 
whenever any clearing, grading, excavating or other earth disturbing 
activities have permanently ceased on any portion of the site, or 
temporarily ceased on any portion of the site and will not resume for a 
period exceeding 14 calendar days. In arid, semiarid, and drought-
stricken areas where initiating vegetative stabilization measures 
immediately is infeasible, alternative stabilization measures must be 
employed as specified by the permitting authority. Stabilization must 
be completed within a period of time determined by the permitting 
authority. In limited circumstances, stabilization may not be required 
if the intended function of a specific area of the site necessitates 
that it remain disturbed.
     Dewatering Requirements--Permittees are required to 
minimize the discharge of pollutants from dewatering trenches and 
excavations. Discharges are prohibited unless managed by appropriate 
controls.
     Pollution Prevention Measures--Permittees are required to 
design, install, implement, and maintain effective pollution prevention 
measures to minimize the discharge of pollutants. At a minimum, such 
measures must be designed, installed, implemented and maintained to:
    1. Minimize the discharge of pollutants from equipment and vehicle 
washing, wheel wash water, and other wash waters. Wash waters must be 
treated in a sediment basin or alternative control that provides

[[Page 6537]]

equivalent or better treatment prior to discharge;
    2. Minimize the exposure of building materials, building products, 
construction wastes, trash, landscape materials, fertilizers, 
pesticides, herbicides, detergents, sanitary waste and other materials 
present on the site to precipitation and to stormwater. Minimization of 
exposure is not required in cases where the exposure to precipitation 
and to stormwater will not result in a discharge of pollutants, or 
where exposure of a specific material or product poses little risk of 
stormwater contamination (such as final products and materials intended 
for outdoor use); and
    3. Minimize the discharge of pollutants from spills and leaks and 
implement chemical spill and leak prevention and response procedures.
     Prohibited Discharges--The following discharges from C&D 
sites are prohibited:
    1. Wastewater from washout of concrete, unless managed by an 
appropriate control;
    2. Wastewater from washout and cleanout of stucco, paint, form 
release oils, curing compounds and other construction materials;
    3. Fuels, oils, or other pollutants used in vehicle and equipment 
operation and maintenance; and
    4. Soaps or solvents used in vehicle and equipment washing.
     Surface Outlets--When discharging from basins and 
impoundments, permittees are required to utilize outlet structures that 
withdraw water from the surface, unless infeasible.
    The fact sheet details how EPA has incorporated these requirements 
into the final 2017 CGP. The discussion in the fact sheet includes a 
summary of each provision and the agency's rationale for articulating 
the provision in this way.

B. Water Quality-Based Effluent Limits (WQBELs)

    EPA's regulations at 40 CFR 122.44(d)(1) require permitting 
authorities to include additional or more stringent permit requirements 
when necessary to achieve water quality standards. The 2012 CGP 
contained several provisions to protect water quality and the 2017 CGP 
includes those same provisions. The permit includes a narrative WQBEL 
requiring that discharges be controlled as necessary to meet applicable 
water quality standards. Failure to control discharges in a manner that 
meets applicable water quality standards is a violation of the permit.
    In addition to the narrative WQBEL, the permit contains related 
provisions that act together to further protect water quality. Many of 
these provisions were also included in the 2012 CGP. For example, the 
permit requires operators to implement stormwater control measures and 
to take corrective action in response to any exceedance of applicable 
water quality standards. To provide further protection, the permit also 
requires more stringent site inspection frequencies and stabilization 
deadlines for constructions sites that discharge to sensitive waters, 
such as those waters that are impaired for sediment or nutrients, which 
are parameters typically associated with stormwater discharges from 
construction sites, or waters identified by a state, tribe, or EPA as 
requiring enhanced protection under antidegradation requirements. 
Additionally, EPA received CWA Section 401 certifications for the 2017 
CGP. Some of these certifications include additional water quality-
based conditions that are required by states, Indian country lands, and 
territories, that become legally binding permit limits and conditions 
in specific geographic areas where the permit is available.
    A new water quality protection established in the 2017 CGP is a 
modified approach to site stabilization deadlines based on the concept 
of phasing construction disturbances, where sites that disturb more 
than five (5) acres total over the course of a construction project are 
required to stabilize within a more stringent timeframe if they do not 
limit disturbances to five (5) acres or less at any one time. This 
modified approach is summarized below and is discussed in more detail 
in the fact sheet.

C. Summary of Significant Permit Changes From the 2012 CGP

    The 2017 CGP includes several new or modified requirements, which 
are summarized below and discussed in more detail in the fact sheet. 
The final 2017 CGP and the fact sheet can be found at https://www.epa.gov/npdes/stormwater-discharges-construction-activities.
    1. Streamlining of the permit--EPA streamlined and simplified 
language throughout the 2017 CGP to present requirements in a generally 
more clear and readable manner. This structure should enhance the 
operators' understanding of and compliance with the permit's 
requirements. For example, EPA moved language that was not necessary in 
the permit into the relevant appendix or to the fact sheet. Although 
the permit has been streamlined from prior permits, most of the 
requirements remain unchanged.
    2. Revisions consistent with the C&D ELG, as amended--EPA made 
minor revisions to the technology-based effluent limits in the permit 
to incorporate the March 6, 2014 amendments to the Construction and 
Development Effluent Guidelines and Standards (the ``C&D rule'') at 40 
CFR part 450 (see section III.A. of this notice on Technology-Based 
Effluent Limits). The 2012 CGP already incorporated the original C&D 
rule requirements and the 2017 CGP includes the necessary revisions to 
the language based on the rule amendments but does not add any new 
requirements. These revisions include clarifying the applicability of 
requirements to control erosion caused by discharges, providing 
additional details on areas where buffers are required, and clarifying 
requirements for soil stabilization, preservation of topsoil and 
pollution prevention measures.
    3. Authorized non-stormwater discharges--Non-stormwater discharges 
of external building washdown waters containing hazardous substances, 
such as paint or caulk containing polychlorinated biphenyl (PCBs) are 
not authorized in the 2017 CGP. Non-stormwater discharges are required 
to comply with any applicable effluent limitation requirements in Parts 
2 and 3 of the permit. Part 1.2.2.
    4. Notice of permit coverage--Consistent with the 2012 CGP, 
operators must post a sign or other notice of permit coverage at a 
safe, publicly accessible location in close proximity to the 
construction site. In the 2017 CGP, this notice must also include 
information informing the public on how to contact EPA to obtain a copy 
of the SWPPP and how to contact EPA if stormwater pollution is observed 
in the discharge. EPA is requiring these additions to make the 
longstanding process of obtaining a SWPPP more readily known to the 
public and to improve transparency of the process to report possible 
violations. Part 1.5.
    5. Stockpiles and land clearing debris piles--EPA changed the 
requirement for temporary stabilization for stockpiles or land clearing 
debris piles from ``where practicable'' to requiring cover or 
appropriate temporary stabilization for all inactive piles that will be 
unused for 14 or more days, consistent with the temporary stabilization 
deadlines in Part 2.2.14 of the 2017 CGP. EPA made this change to 
ensure pollutants are minimized from these piles, but is clarifying 
that the requirement only

[[Page 6538]]

applies where these piles are not actively being used. Part 2.2.5.
    6. Stabilization deadlines--The 2017 CGP establishes a modified 
approach to the stabilization deadlines, which is based on the concept 
of phasing construction disturbances. Sites that disturb five (5) acres 
or less must complete stabilization within a 14-calendar day timeframe, 
which is the same timeframe that applied to sites in the 2012 CGP. For 
sites that disturb more than five (5) acres over the course of a 
construction project, operators can choose between completing 
stabilization within a 14-calendar day timeframe if they limit 
disturbances to five (5) acres or less at any one time, or within a 7-
calendar day timeframe if they do not limit disturbances to five (5) 
acres or less at any one time. The intent of this approach is to 
provide an incentive to disturb less land at any given period of time 
by providing longer stabilization timeframes if the disturbance is kept 
below a threshold level. The deadline for sites discharging to 
sensitive waters remains unchanged (within 7 calendar days), and the 
exceptions for sites in arid, semi-arid, and drought-stricken areas and 
for operators affected by circumstances beyond their control also 
remain unchanged. Part 2.2.14.
    7. Construction and domestic waste--The 2017 CGP requires operators 
to keep waste container lids closed when not in use and at the end of 
the business day for those containers that are actively used throughout 
the day, or, for waste containers that do not have lids, to provide 
cover or a similarly effective means to minimize the discharge of 
pollutants. EPA made this change to minimize the exposure of these 
waste materials to precipitation and stormwater, and to make the 
requirements for construction and domestic waste consistent with the 
cover requirements for most other types of materials and wastes in the 
CGP. Part 2.3.3.
    8. Discharge limitations for sites discharging to sensitive 
waters--In order to ensure that discharges meet water quality 
standards, EPA added a requirement in the 2017 CGP to implement 
controls on sites discharging to polychlorinated biphenyl-(PCB) 
impaired waters to minimize the exposure of building materials 
containing PCBs to precipitation and stormwater. This provision applies 
to the demolition of structures with at least 10,000 square feet of 
floor space built or renovated before January 1, 1980. EPA also added a 
requirement to document information about the demolition location and 
associated pollutants in the SWPPP. Part 3.2.
    9. Notice of Intent (NOI)--In the 2017 CGP, EPA added three 
questions to the NOI form (Appendix J). These questions are:
     The type of construction site (select one or more of 9 
options);
     A yes/no question asking if there is demolition of a 
structure with at least 10,000 square feet of floor space that was 
built or renovated before January 1, 1980; and
     A yes/no question asking whether the predevelopment land 
use was used for agriculture.

IV. Implementation Assistance

    Following issuance of the 2017 CGP, EPA plans to provide further 
assistance to construction operators, state permitting authorities, and 
other interested parties on various aspects of this new permit. The 
following activities or documents are planned:
     National Webcast--EPA will host a webcast in February of 
2017 that will provide an overview of the 2017 CGP and an opportunity 
for participants to ask questions. EPA anticipates offering more 
webcasts covering the same material or more specific aspects of the 
permit. The agency will announce details of all webcasts on the CGP Web 
site at https://www.epa.gov/npdes/stormwater-discharges-construction-activities.
     Small Residential Lot SWPPP Template--EPA will also be 
providing an updated template that small residential lot builders can 
use to develop a streamlined SWPPP that is consistent with the minimum 
requirements of the permit.
     Inspection and Corrective Action Report Templates--EPA 
will also be providing updated template forms that construction site 
operators can use to document inspections completed pursuant to the 
permit's requirements in Part 4 and in preparing corrective action 
reports pursuant to the permit's requirements in Part 5.
    EPA will consider additional outreach to support the 2017 CGP based 
on the level of interest and demand.

V. Analysis of Economic Impacts

    EPA expects the economic impact on entities that will likely seek 
coverage under this permit, including small businesses, to be minimal. 
A copy of EPA's economic analysis, titled ``Cost Impact Analysis for 
the 2017 Construction General Permit (CGP),'' is available in the 
docket for this permit. The economic impact analysis indicates that 
while there may be some incremental increase in the costs of complying 
with the 2017 CGP over the 2012 CGP, these costs will not have a 
significant economic impact on a substantial number of small entities.
    This analysis evaluates the cost implications of the key changes to 
the permit. Each change is examined in light of the 2012 CGP's 
requirements, where applicable. The objective of this examination is to 
show where or to what extent the 2017 CGP includes requirements that 
impose an incremental increase in costs on operators above and beyond 
costs that are already accounted for in the 2012 CGP, which 
incorporated the C&D rule and defines the baseline of costs to which 
operators are currently subject.
    The C&D rule baseline costs estimate the cost of compliance for all 
construction activities required to obtain NPDES permit coverage to 
implement the stormwater controls required by the Effluent Limitations 
Guideline. While the C&D rule applies to permitted construction 
activities under the NPDES program nationwide, the 2017 CGP provides 
coverage to a sub-set of those activities in areas not covered by an 
approved state NPDES program, which accounts for approximately 5-6 
percent of the construction stormwater permitted universe under the 
NPDES program.
    Calculating the total cost of EPA's construction stormwater program 
under the 2017 CGP is challenging for several reasons. NPDES general 
permits, such as the CGP, are issued to no one operator in particular, 
with multiple operators obtaining coverage under the general permit 
after it is issued. Therefore, the 2017 CGP has an inherently unknown 
permitted universe at the time of permit issuance. EPA can estimate 
that approximately 25,000 operators will seek coverage under the 2017 
CGP during its five-year life span, based on data from previous CGPs.
    However, the total cost calculation is dependent on many other 
factors and assumptions that are difficult to estimate or extrapolate 
for the entire CGP permitted universe. Although many operators under 
the CGP share similar operations and discharge properties, the 
variables that would need to be accounted for in estimating the total 
cost of compliance vary widely across individual construction sites, 
for example, total area and duration that land is disturbed, slope, 
climate and precipitation patterns, soil type, topography, and previous 
land use. In addition, factors such as labor and material costs vary 
across the country. Given that EPA does not know and does not collect 
data on all of the specific operator characteristics necessary to make 
an accurate estimate, EPA is not able to estimate the total cost of

[[Page 6539]]

compliance with EPA's CGP at this time. EPA's practice instead is to 
calculate the incremental change in burden with each permit reissuance 
and, where applicable, provide estimates of some known costs that can 
be used to calculate the estimated total cost of a specific permit 
change.
    Part 3.2 has a new requirement in the 2017 CGP for operators 
discharging to waters impaired for PCBs. Buildings and structures 
originating or remodeled between the years of 1950-1979 often contain 
PCBs in materials such as caulk and paint. Without proper controls, the 
demolition of such structures can cause PCBs to be released into the 
environment and discharged into waters of the U.S. during storm events. 
To address this concern, EPA has added a new provision that requires 
controls to be implemented to minimize exposure of PCB-containing 
building materials to precipitation and stormwater, and to ensure that 
such materials are disposed in compliance with applicable state, 
federal, and local laws. The requirement is limited to the demolition 
of buildings or structures with at least 10,000 square feet of floor 
space built or renovated before January 1, 1980 on sites that discharge 
to waters with known impairments for PCBs.
    Over 4,500 water bodies are currently listed in the PCB-polluted 
category, making this the sixth-highest water pollution cause 
nationwide. This includes 81,610 miles of rivers and streams, 3,204,534 
acres of lakes and ponds, and 400,094 square miles of bays and 
estuaries that are impaired for PCBs. EPA does not currently have data 
on the number of construction projects subject to EPA's CGP that 
involve demolition of a structure with at least 10,000 square feet of 
floor space built or renovated before January 1, 1980 on sites that 
discharge to waters impaired for PCBs. Therefore, at this time, EPA 
does not have an estimate for the number of operators that will be 
affected by this new requirement. However, EPA added a new question on 
the NOI form asking about the prevalence of demolition of a structure 
with at least 10,000 square feet of floor space that was built or 
renovated before January 1, 1980. When reissuing this permit, EPA will 
review the data submitted on the NOI forms as well as information on 
the implementation of this requirement, as necessary, to determine 
whether to revise the applicability of the requirement or associated 
cost impact analysis.

VI. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is a ``significant regulatory action.'' Accordingly, EPA 
submitted this action to the Office of Management and Budget (OMB) for 
review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 
2011) and any changes made in response to OMB recommendations have been 
documented in the docket for this action.

VII. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that the 2017 CGP will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because the requirements 
in the permit apply equally to all construction projects that disturb 
one or more acres in areas where EPA is the permitting authority, and 
the erosion and sediment control provisions increase the level of 
environmental protection for all affected populations.

VIII. 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, address the 
tribal implications of the permit. In the course of this consultation, 
EPA conducted the following activities:
     August 5, 2015--EPA mailed notification letters to all 
Tribal leaders, initiating consultation and coordination on the draft 
2017 CGP. The consultation period was from August 17, 2015 to October 
13, 2015.
     August 11, 2015--EPA presented a brief overview of the 
2012 CGP and information regarding the upcoming consultation to the 
National Tribal Caucus.
     August 12, 2015--EPA presented a brief overview of the 
2012 CGP and information regarding the upcoming consultation to the 
National Tribal Water Council.
     September 22, 2015--EPA held a consultation teleconference 
call; 18 Tribes were represented. EPA responded to the general 
questions raised on the call.
     On October 14, 2015, EPA received one set of comments from 
a Tribe in the State of Washington. EPA evaluated and considered the 
comments during the finalization of the 2017 CGP; EPA responded to the 
formal comments submitted in writing during the comment period in the 
Agency's final action.
     EPA will provide email notification to Tribes of today's 
final 2017 CGP.
    EPA also notes that as part of the finalization of 2017 CGP, it 
completed the Section 401 certification procedures with all applicable 
tribes where the 2017 CGP applies (see Appendix B).

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: January 11, 2017.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
    Dated: January 11, 2017.
Javier Laureano,
Director, Clean Water Division, EPA Region 2.
    Dated: January 11, 2017.
Jose C. Font,
Acting Director, Caribbean Environmental Protection Division, EPA 
Region 2.
    Dated: January 11, 2017.
Dominique Lueckenhoff,
Acting Director, Water Protection Division, EPA Region 3.
    Dated: January 11, 2017.
C[eacute]sar A. Zapata,
Deputy Director, Water Protection Division, EPA Region 4.
    Dated: January 11, 2017.
Christopher Korleski,
Director, Water Division, EPA Region 5.
    Dated: January 11, 2017.
William K. Honker,
Director, Water Division, EPA Region 6.
    Dated: January 11, 2017.
Karen Flournoy,
Director, Water, Wetlands, and Pesticides Division, EPA Region 7.
    Dated: January 11, 2017.
Darcy O'Connor,
Assistant Regional Administrator, Office of Water Protection, EPA 
Region 8.



[[Page 6540]]


    Dated: January 11, 2017.
Kristin Gullatt,
Deputy Director, Water Division, EPA Region 9.
    Dated: January 11, 2017.
Daniel D. Opalski,
Director, Office of Water and Watersheds, EPA Region 10.
[FR Doc. 2017-01231 Filed 1-18-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                  6534                                 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices

                                                  ballast water, and on deck drainage                                  ACTION:      Notice of final permit issuance.                          FOR FURTHER INFORMATION CONTACT:       For
                                                  discharges. Discharges of seawater and                                                                                                      further information on the permit,
                                                  freshwater which have been used to                                   SUMMARY:   All ten EPA Regions today are                               contact the appropriate EPA Regional
                                                  pressure test existing pipelines and                                 issuing the 2017 National Pollutant                                    office listed in Section I.C of this notice,
                                                  piping, to which treatment chemicals                                 Discharge Elimination System (NPDES)                                   or Emily Halter, EPA Headquarters,
                                                  have been added, are proposed to be                                  general permit for stormwater                                          Office of Water, Office of Wastewater
                                                  subject to limitations on free oil,                                  discharges from construction activities                                Management at tel.: 202–564–3324 or
                                                  concentration of treatment chemicals,                                to waters of the United States, also                                   email: halter.emily@epa.gov.
                                                  and acute toxicity. New facilities                                   referred to as the ‘‘2017 Construction
                                                  withdrawing cooling water greater than                               General Permit (CGP).’’ The 2017 CGP                                   SUPPLEMENTARY INFORMATION:    This
                                                  2 million gallons per day (MGD) are                                  replaces the existing general permit (the                              section is organized as follows:
                                                  required to have the best technology                                 ‘‘2012 CGP’’) covering stormwater                                      Table of Contents
                                                  available for minimizing fish/shellfish                              discharges from construction activities
                                                  impingement mortality and entrainment                                that expires on February 16, 2017. EPA                                 I. General Information
                                                  caused by cooling water intake                                       is issuing this permit for five (5) years,                                A. Does this action apply to me?
                                                  structures. Pursuant to the electronic                               during which time the permit will make                                    B. How can I get copies of these documents
                                                  reporting rule published in the Federal                              available coverage to eligible operators                                     and other related information?
                                                  Register (80 FR 64063), a new electronic                             in all areas of the country where EPA is                                  C. Who are the EPA regional contacts for
                                                  reporting requirement is added to the                                the NPDES permitting authority. This                                         this permit?
                                                  proposed permit.                                                     Federal Register notice describes the                                  II. Background of Permit
                                                                                                                       2017 CGP in general and provides a                                     III. Summary of the Final 2017 CGP
                                                  Other Legal Requirements
                                                                                                                       summary of the significant changes from                                   A. Technology-Based Effluent Limits
                                                    State certification under section 401                              the 2012 CGP.                                                             B. Water Quality-Based Effluent Limits
                                                  of the CWA; consistency with the Texas                                                                                                            (WQBELs)
                                                  Coastal Management Program; and                                      DATES:  The 2017 CGP will become                                          C. Summary of Significant Permit Changes
                                                  compliance with National                                             effective on February 16, 2017. This                                         from the 2012 CGP
                                                  Environmental Policy Act, Endangered                                 effective date will provide dischargers                                IV. Implementation Assistance
                                                  Species Act, Magnuson-Stevens Fishery                                with the immediate opportunity to                                      V. Analysis of Economic Impacts
                                                  Conservation and Management Act,                                     comply with Clean Water Act                                            VI. Executive Order 12866: Regulatory
                                                  Historic Preservation Act, Paperwork                                 requirements in light of the expiration                                      Planning and Review and Executive
                                                  Reduction Act, and Regulatory                                        of the 2012 CGP at midnight on                                               Order 13563: Improving Regulation and
                                                  Flexibility Act requirements are                                     February 16, 2017. In accordance with                                        Regulatory Review
                                                  discussed in the fact sheet to the                                   40 CFR part 23, specifically 23.2, this                                VII. Executive Order 12898: Federal Actions
                                                  proposed permit.                                                     permit shall be considered issued for                                        To Address Environmental Justice in
                                                    Dated: December 28, 2016.                                          the purpose of judicial review on                                            Minority Populations and Low-Income
                                                  William K. Honker,                                                   January 25, 2017. Under section 509(b)                                       Populations
                                                                                                                       of the Clean Water Act, judicial review                                VIII. Executive Order 13175: Consultation
                                                  Director, Water Division, EPA Region 6.
                                                                                                                       of this general permit can be requested                                      and Coordination With Indian Tribal
                                                  [FR Doc. 2017–01082 Filed 1–18–17; 8:45 am]
                                                                                                                       by filing a petition for review in the                                       Governments
                                                  BILLING CODE 6560–50–P
                                                                                                                       United States Court of Appeals within
                                                                                                                                                                                              I. General Information
                                                                                                                       120 days after the permit is considered
                                                  ENVIRONMENTAL PROTECTION                                             issued. Under section 509(b)(2) of the                                 A. Does this action apply to me?
                                                  AGENCY                                                               Clean Water Act, this permit may not be
                                                                                                                       challenged later in civil or criminal                                  1. Entities Covered by This Permit
                                                  [EPA–HQ–OW–2015–0828; FRL–9958–68–                                   proceedings to enforce this permit. In
                                                  OW]                                                                                                                                           This permit covers the following
                                                                                                                       addition, this permit may not be                                       entities, as categorized in the North
                                                                                                                       challenged in any other agency                                         American Industry Classification
                                                  Final National Pollutant Discharge
                                                                                                                       proceedings. Deadlines for submittal of
                                                  Elimination System (NPDES) General                                                                                                          System (NAICS):
                                                                                                                       notices of intent are provided in Part
                                                  Permit for Stormwater Discharges
                                                                                                                       1.4.3 of the permit. The permit also
                                                  From Construction Activities
                                                                                                                       provides additional dates for
                                                  AGENCY: Environmental Protection                                     compliance with the terms of the
                                                  Agency (EPA).                                                        permit.

                                                                                                                 TABLE 1—ENTITIES COVERED BY THIS PERMIT
                                                                                                                                                                                                                                    North American
                                                                                                                                                                                                                                        Industry
                                                            Category                                                                 Examples of affected entities                                                               Classification System
                                                                                                                                                                                                                                     (NAICS) code

                                                  Industry .........................   Construction site operators disturbing one (1) or more acres of land, or less than one (1) acre but part of a larger
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                                                                                          common plan of development or sale if the larger common plan will ultimately disturb one (1) acre or more, and
                                                                                          performing the following activities:

                                                                                       Construction of Buildings .............................................................................................................           236
                                                                                       Heavy and Civil Engineering Construction ..................................................................................                       237




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                                                                               Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices                                              6535

                                                    EPA does not intend the preceding                     Puerto Rico, the District of Columbia,                 Puerto Rico, contact Sergio Bosques at
                                                  table to be exhaustive, but provides it as              and the Pacific Island territories, among              tel.: (787) 977–5838 or email at
                                                  a guide for readers regarding the types                 others.                                                bosques.sergio@epa.gov.
                                                  of activities that EPA is now aware of                                                                            For EPA Region 3, contact Carissa
                                                                                                          B. How can I get copies of these
                                                  that could potentially be affected by this                                                                     Moncavage at tel.: (215) 814–5798 or
                                                                                                          documents and other related
                                                  action. Other types of entities not listed                                                                     email at moncavage.carissa@epa.gov.
                                                                                                          information?                                              For EPA Region 4, contact Michael
                                                  in the table could also be affected. To
                                                  determine whether your site is covered                     1. Docket. EPA has established an                   Mitchell at tel.: (404) 562–9303 or email
                                                  by this action, you should carefully                    official public docket for this action                 at mitchell.michael@epa.gov.
                                                  examine the definition of ‘‘construction                under Docket ID No. EPA–HQ–OW–                            For EPA Region 5, contact Brian Bell
                                                  activity’’ and ‘‘small construction                     2015–0828. The official public docket is               at tel.: (312) 886–0981 or email at
                                                  activity’’ in existing EPA regulations at               the collection of materials that is                    bell.brianc@epa.gov.
                                                  40 CFR 122.26(b)(14)(x) and                             available for public viewing at the Water                 For EPA Region 6, contact Suzanna
                                                  122.26(b)(15), respectively. If you have                Docket in the EPA Docket Center, (EPA/                 Perea at tel.: (214) 665–7217 or email at:
                                                  questions regarding the applicability of                DC) WJC West Building, Room 3334,                      perea.suzanna@epa.gov.
                                                  this action to a particular entity, consult             1301 Constitution Ave. NW.,                               For EPA Region 7, contact Mark
                                                  one of the persons listed for technical                 Washington, DC 20460. Although all                     Matthews at tel.: (913) 551–7635 or
                                                  information in the preceding FOR                        documents in the docket are listed in an               email at: matthews.mark@epa.gov.
                                                  FURTHER INFORMATION CONTACT section.                    index, some information is not publicly                   For EPA Region 8, contact Amy Clark
                                                                                                          available, i.e., Confidential Business                 at tel.: (303) 312–7014 or email at:
                                                  2. Construction Projects for Which                      Information (CBI) or other information                 clark.amy@epa.gov.
                                                  Operators Are Eligible for Permit                       whose disclosure is restricted by statute.                For EPA Region 9, contact Eugene
                                                  Coverage                                                Publicly available docket materials are                Bromley at tel.: (415) 972–3510 or email
                                                     Coverage under this permit is                        available in hard copy at the EPA                      at bromley.eugene@epa.gov.
                                                  available to operators of eligible projects             Docket Center Public Reading Room,                        For EPA Region 10, contact Margaret
                                                  located in those areas where EPA is the                 open from 8:30 a.m. to 4:30 p.m.,                      McCauley at tel.: (206) 553–1772 or
                                                  permitting authority. A list of eligible                Monday through Friday, excluding legal                 email at mccauley.margaret@epa.gov.
                                                  areas is included in Appendix B of the                  holidays. The telephone number for the                 II. Background of Permit
                                                  permit. Eligibility for permit coverage is              Public Reading Room is (202) 566–1744
                                                  limited to operators of ‘‘new sites,’’                                                                            The Clean Water Act (‘‘CWA’’)
                                                                                                          and the telephone number for the Water
                                                  operators of ‘‘existing sites,’’ ‘‘new                                                                         establishes a comprehensive program
                                                                                                          Docket is (202) 566–2426.
                                                  operators of permitted sites,’’ and                        2. Electronic Access. You may access                ‘‘to restore and maintain the chemical,
                                                  operators of ‘‘emergency-related                        this Federal Register notice                           physical, and biological integrity of the
                                                  projects.’’ A ‘‘new site’’ is a site where              electronically through the United States               Nation’s waters.’’ 33 U.S.C. 1251(a). The
                                                  construction activities commenced on                    government on-line source for Federal                  CWA also includes the objective of
                                                  or after February 16, 2017. An ‘‘existing               regulations at http://                                 attaining ‘‘water quality which provides
                                                  site’’ is a site where construction                     www.regulations.gov.                                   for the protection and propagation of
                                                  activities commenced prior to February                     Electronic versions of this permit and              fish, shellfish and wildlife and * * *
                                                  16, 2017. A ‘‘new operator of a                         fact sheet are available on EPA’s NPDES                recreation in and on the water.’’ 33
                                                  permitted site’’ is an operator that                    Web site at https://www.epa.gov/npdes/                 U.S.C. 1251(a)(2)). To achieve these
                                                  through transfer of ownership and/or                    stormwater-discharges-construction-                    goals, the CWA requires EPA to control
                                                  operation replaces the operator of an                   activities.                                            discharges of pollutants from point
                                                  already permitted construction site that                   An electronic version of the public                 sources through the issuance of NPDES
                                                  is either a ‘‘new site’’ or an ‘‘existing               docket is available through the EPA’s                  permits.
                                                  site.’’ An ‘‘emergency-related project’’ is             electronic public docket and comment                      The Water Quality Act of 1987 (WQA)
                                                  a project initiated in response to a                    system, EPA Dockets. You may use EPA                   added section 402(p) to the CWA, which
                                                  public emergency (e.g., mud slides,                     Dockets at http://www.regulations.gov to               directed EPA to develop a phased
                                                  earthquake, extreme flooding                            view public comments, access the index                 approach to regulate stormwater
                                                  conditions, disruption in essential                     listing of the contents of the official                discharges under the NPDES program.
                                                  public services), for which the related                 public docket, and to access those                     33 U.S.C. 1342(p). EPA published a final
                                                  work requires immediate authorization                   documents in the public docket that are                regulation in the Federal Register, often
                                                  to avoid imminent endangerment to                       available electronically. For additional               called the ‘‘Phase I Rule,’’ on November
                                                  human health or the environment, or to                  information about EPA’s public docket,                 16, 1990, establishing permit
                                                  reestablish public services.                            visit the EPA Docket Center homepage                   application requirements for, among
                                                                                                          at https://www.epa.gov/dockets.                        other things, ‘‘storm water discharges
                                                  3. Geographic Coverage                                                                                         associated with industrial activity.’’ See
                                                                                                          Although not all docket materials may
                                                     This permit makes coverage available                 be available electronically, you may still             55 FR 47990. EPA defines the term
                                                  to eligible operators for stormwater                    access any of the publicly available                   ‘‘storm water discharge associated with
                                                  discharges from construction activities                 docket materials through the Docket                    industrial activity’’ in a comprehensive
                                                  that occur in areas not covered by an                   Facility identified in Section I.B.1.                  manner to cover a wide variety of
                                                  approved state NPDES program. The                                                                              facilities. See id. Construction activities,
                                                  areas of geographic coverage of this                    C. Who are the EPA regional contacts                   including activities that are part of a
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                                                  permit are listed in Appendix B, and                    for this permit?                                       larger common plan of development or
                                                  include the states of New Hampshire,                       For EPA Region 1, contact Suzanne                   sale, that ultimately disturb at least five
                                                  Massachusetts, New Mexico, and Idaho                    Warner at tel.: (617) 918–1383 or email                acres of land and have point source
                                                  as well as most Indian country lands,                   at warner.suzanne@epa.gov.                             discharges to waters of the U.S. were
                                                  and areas in selected states operated by                   For EPA Region 2, contact Stephen                   included in the definition of ‘‘industrial
                                                  a federal operator. Permit coverage is                  Venezia at tel.: (212) 637–3856 or email               activity’’ pursuant to 40 CFR
                                                  also available to eligible operators in                 at venezia.stephen@epa.gov, or for                     122.26(b)(14)(x). The second rule


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                                                  6536                         Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices

                                                  implementing section 402(p), often                      Notice of Termination (NOT), Low                          5. Minimize sediment discharges from
                                                  called the ‘‘Phase II Rule,’’ was                       Erosivity Waiver (LEW), as well as step-               the site. The design, installation and
                                                  published in the Federal Register on                    by-step procedures for determining                     maintenance of erosion and sediment
                                                  December 8, 1999. It requires NPDES                     eligibility with respect to the protection             controls must address factors such as
                                                  permits for discharges from construction                of threatened and endangered species                   the amount, frequency, intensity and
                                                  sites disturbing at least one acre but less             and historic properties, and for                       duration of precipitation, the nature of
                                                  than five acres, including sites that are               complying with the permit’s natural                    resulting stormwater discharge, and soil
                                                  part of a larger common plan of                         buffer requirements.                                   characteristics, including the range of
                                                  development or sale that will ultimately                                                                       soil particle sizes expected to be present
                                                  disturb at least one acre but less than                 A. Technology-Based Effluent Limits                    on the site;
                                                  five acres, pursuant to 40 CFR                             As stated above, all NPDES                             6. Provide and maintain natural
                                                  122.26(b)(15)(i). See 64 FR 68722. EPA                  construction permits issued by EPA or                  buffers around waters of the United
                                                  is issuing this permit under the                        states after March 6, 2014 must                        States, direct stormwater to vegetated
                                                  statutory and regulatory authority cited                incorporate the requirements in the C&D                areas and maximize stormwater
                                                  above.                                                  rule, as amended. The non-numeric                      infiltration to reduce pollutant
                                                     NPDES permits for construction                       effluent limitations in the C&D rule are               discharges, unless infeasible;
                                                  stormwater discharges are required                      designed to prevent the mobilization                      7. Minimize soil compaction.
                                                  under Section 402(a)(1) of the CWA to                   and discharge of sediment and                          Minimizing soil compaction is not
                                                  include conditions to meet technology-                  sediment-bound pollutants, such as                     required where the intended function of
                                                  based effluent limits established under                 metals and nutrients, and to prevent or                a specific area of the site dictates that it
                                                  Section 301 and, where applicable,                      minimize exposure of stormwater to                     be compacted; and
                                                  Section 306. Effluent Limitations                       construction materials, debris, and other                 8. Unless infeasible, preserve topsoil.
                                                  Guidelines (ELGs) and New Source                        sources of pollutants on construction                  Preserving topsoil is not required where
                                                  Performance Standards (NSPS) are                        sites. In addition, these non-numeric                  the intended function of a specific area
                                                  technology-based effluent limitations                   effluent limitations reduce the                        of the site dictates that the topsoil be
                                                  that are based on the degree of control                 generation of dissolved pollutants. Soil               disturbed or removed.
                                                  that can be achieved using various                                                                                • Soil Stabilization Requirements—
                                                                                                          on construction sites can contain a
                                                  levels of pollutant control technology as                                                                      Permittees are required to, at a
                                                                                                          variety of pollutants such as nutrients,
                                                  defined in Subchapter III of the CWA.                                                                          minimum, initiate soil stabilization
                                                                                                          pesticides, herbicides, and metals.
                                                     Once a new national standard is                                                                             measures immediately whenever any
                                                                                                          These pollutants may be present
                                                  established in accordance with these                                                                           clearing, grading, excavating or other
                                                                                                          naturally in the soil, such as arsenic or
                                                  sections, NPDES permits must                                                                                   earth disturbing activities have
                                                                                                          selenium, or they may have been
                                                  incorporate limits based on such                                                                               permanently ceased on any portion of
                                                                                                          contributed by previous activities on the
                                                  technology-based standards. See CWA                                                                            the site, or temporarily ceased on any
                                                                                                          site, such as agriculture or industrial
                                                  sections 301 and 306, 33 U.S.C. 1311                                                                           portion of the site and will not resume
                                                                                                          activities. These pollutants, once
                                                  and 1316, and 40 CFR 122.44(a)(1). On                                                                          for a period exceeding 14 calendar days.
                                                                                                          mobilized by stormwater, can detach
                                                  December 1, 2009, EPA published final                                                                          In arid, semiarid, and drought-stricken
                                                                                                          from the soil particles and become
                                                  regulations establishing technology-                                                                           areas where initiating vegetative
                                                                                                          dissolved pollutants. Once dissolved,
                                                  based ELGs and NSPSs for the                                                                                   stabilization measures immediately is
                                                                                                          these pollutants would not be removed
                                                  Construction & Development (C&D)                                                                               infeasible, alternative stabilization
                                                                                                          by down-slope sediment controls.
                                                  point source category, which became                                                                            measures must be employed as specified
                                                                                                          Source control through minimization of
                                                  effective on February 1, 2010. See 40                                                                          by the permitting authority.
                                                                                                          soil erosion is therefore the most
                                                  CFR part 450, and 74 FR 62996                                                                                  Stabilization must be completed within
                                                                                                          effective way of controlling the
                                                  (December 1, 2009). The Construction &                                                                         a period of time determined by the
                                                                                                          discharge of these pollutants.
                                                  Development Rule, or ‘‘C&D rule,’’ was                                                                         permitting authority. In limited
                                                  amended on March 6, 2014 to satisfy                        The non-numeric effluent limits in                  circumstances, stabilization may not be
                                                  EPA’s agreements pursuant to a                          the C&D rule, upon which the                           required if the intended function of a
                                                  settlement of litigation that challenged                technology-based requirements in the                   specific area of the site necessitates that
                                                  the 2009 rule. See 79 FR 12661. All                     permit are based, include the following:               it remain disturbed.
                                                  NPDES construction stormwater NPDES                        • Erosion and Sediment Controls—                       • Dewatering Requirements—
                                                  permits issued by EPA or states after                   Permittees are required to design, install             Permittees are required to minimize the
                                                  this date must incorporate the                          and maintain effective erosion controls                discharge of pollutants from dewatering
                                                  requirements in the C&D rule.                           and sediment controls to minimize the                  trenches and excavations. Discharges
                                                                                                          discharge of pollutants. At a minimum,                 are prohibited unless managed by
                                                  III. Summary of the Final 2017 CGP                      such controls must be designed,                        appropriate controls.
                                                     The final 2017 CGP is substantially                  installed and maintained to:                              • Pollution Prevention Measures—
                                                  similar to the 2012 CGP. It includes                       1. Control stormwater volume and                    Permittees are required to design,
                                                  effluent limitations (i.e., requirements                velocity to minimize soil erosion in                   install, implement, and maintain
                                                  for erosion and sediment and pollutant                  order to minimize pollutant discharges;                effective pollution prevention measures
                                                  prevention controls) and requirements                      2. Control stormwater discharges,                   to minimize the discharge of pollutants.
                                                  for self-inspections, corrective actions,               including both peak flowrates and total                At a minimum, such measures must be
                                                  staff training, development of a                        stormwater volume, to minimize                         designed, installed, implemented and
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                                                  stormwater pollution prevention plan                    channel and streambank erosion and                     maintained to:
                                                  (SWPPP), and permit conditions                          scour in the immediate vicinity of                        1. Minimize the discharge of
                                                  applicable to construction sites in                     discharge points;                                      pollutants from equipment and vehicle
                                                  specific states, Indian country lands,                     3. Minimize the amount of soil                      washing, wheel wash water, and other
                                                  and territories. Additionally, the                      exposed during construction activity;                  wash waters. Wash waters must be
                                                  appendices provide forms for the                           4. Minimize the disturbance of steep                treated in a sediment basin or
                                                  submittal of a Notice of Intent (NOI),                  slopes;                                                alternative control that provides


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                                                                               Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices                                              6537

                                                  equivalent or better treatment prior to                   In addition to the narrative WQBEL,                  the permit has been streamlined from
                                                  discharge;                                              the permit contains related provisions                 prior permits, most of the requirements
                                                     2. Minimize the exposure of building                 that act together to further protect water             remain unchanged.
                                                  materials, building products,                           quality. Many of these provisions were                    2. Revisions consistent with the C&D
                                                  construction wastes, trash, landscape                   also included in the 2012 CGP. For                     ELG, as amended—EPA made minor
                                                  materials, fertilizers, pesticides,                     example, the permit requires operators                 revisions to the technology-based
                                                  herbicides, detergents, sanitary waste                  to implement stormwater control                        effluent limits in the permit to
                                                  and other materials present on the site                 measures and to take corrective action                 incorporate the March 6, 2014
                                                  to precipitation and to stormwater.                     in response to any exceedance of                       amendments to the Construction and
                                                  Minimization of exposure is not                         applicable water quality standards. To                 Development Effluent Guidelines and
                                                  required in cases where the exposure to                 provide further protection, the permit                 Standards (the ‘‘C&D rule’’) at 40 CFR
                                                  precipitation and to stormwater will not                also requires more stringent site                      part 450 (see section III.A. of this notice
                                                  result in a discharge of pollutants, or                 inspection frequencies and stabilization               on Technology-Based Effluent Limits).
                                                  where exposure of a specific material or                deadlines for constructions sites that                 The 2012 CGP already incorporated the
                                                  product poses little risk of stormwater                 discharge to sensitive waters, such as                 original C&D rule requirements and the
                                                  contamination (such as final products                   those waters that are impaired for                     2017 CGP includes the necessary
                                                  and materials intended for outdoor use);                sediment or nutrients, which are                       revisions to the language based on the
                                                  and                                                     parameters typically associated with                   rule amendments but does not add any
                                                     3. Minimize the discharge of                         stormwater discharges from                             new requirements. These revisions
                                                  pollutants from spills and leaks and                    construction sites, or waters identified               include clarifying the applicability of
                                                  implement chemical spill and leak                       by a state, tribe, or EPA as requiring                 requirements to control erosion caused
                                                  prevention and response procedures.                     enhanced protection under                              by discharges, providing additional
                                                     • Prohibited Discharges—The                          antidegradation requirements.                          details on areas where buffers are
                                                  following discharges from C&D sites are                 Additionally, EPA received CWA                         required, and clarifying requirements
                                                  prohibited:                                             Section 401 certifications for the 2017                for soil stabilization, preservation of
                                                     1. Wastewater from washout of                        CGP. Some of these certifications                      topsoil and pollution prevention
                                                  concrete, unless managed by an                          include additional water quality-based                 measures.
                                                  appropriate control;                                    conditions that are required by states,                   3. Authorized non-stormwater
                                                     2. Wastewater from washout and                       Indian country lands, and territories,                 discharges—Non-stormwater discharges
                                                  cleanout of stucco, paint, form release                 that become legally binding permit                     of external building washdown waters
                                                                                                          limits and conditions in specific                      containing hazardous substances, such
                                                  oils, curing compounds and other
                                                                                                          geographic areas where the permit is                   as paint or caulk containing
                                                  construction materials;
                                                                                                          available.                                             polychlorinated biphenyl (PCBs) are not
                                                     3. Fuels, oils, or other pollutants used               A new water quality protection
                                                  in vehicle and equipment operation and                                                                         authorized in the 2017 CGP. Non-
                                                                                                          established in the 2017 CGP is a
                                                  maintenance; and                                                                                               stormwater discharges are required to
                                                                                                          modified approach to site stabilization
                                                     4. Soaps or solvents used in vehicle                                                                        comply with any applicable effluent
                                                                                                          deadlines based on the concept of
                                                  and equipment washing.                                                                                         limitation requirements in Parts 2 and 3
                                                                                                          phasing construction disturbances,
                                                     • Surface Outlets—When discharging                   where sites that disturb more than five
                                                                                                                                                                 of the permit. Part 1.2.2.
                                                  from basins and impoundments,                           (5) acres total over the course of a                      4. Notice of permit coverage—
                                                  permittees are required to utilize outlet               construction project are required to                   Consistent with the 2012 CGP, operators
                                                  structures that withdraw water from the                 stabilize within a more stringent                      must post a sign or other notice of
                                                  surface, unless infeasible.                             timeframe if they do not limit                         permit coverage at a safe, publicly
                                                     The fact sheet details how EPA has                   disturbances to five (5) acres or less at              accessible location in close proximity to
                                                  incorporated these requirements into                    any one time. This modified approach is                the construction site. In the 2017 CGP,
                                                  the final 2017 CGP. The discussion in                   summarized below and is discussed in                   this notice must also include
                                                  the fact sheet includes a summary of                    more detail in the fact sheet.                         information informing the public on
                                                  each provision and the agency’s                                                                                how to contact EPA to obtain a copy of
                                                  rationale for articulating the provision                C. Summary of Significant Permit                       the SWPPP and how to contact EPA if
                                                  in this way.                                            Changes From the 2012 CGP                              stormwater pollution is observed in the
                                                                                                             The 2017 CGP includes several new                   discharge. EPA is requiring these
                                                  B. Water Quality-Based Effluent Limits                                                                         additions to make the longstanding
                                                                                                          or modified requirements, which are
                                                  (WQBELs)                                                                                                       process of obtaining a SWPPP more
                                                                                                          summarized below and discussed in
                                                    EPA’s regulations at 40 CFR                           more detail in the fact sheet. The final               readily known to the public and to
                                                  122.44(d)(1) require permitting                         2017 CGP and the fact sheet can be                     improve transparency of the process to
                                                  authorities to include additional or                    found at https://www.epa.gov/npdes/                    report possible violations. Part 1.5.
                                                  more stringent permit requirements                      stormwater-discharges-construction-                       5. Stockpiles and land clearing debris
                                                  when necessary to achieve water quality                 activities.                                            piles—EPA changed the requirement for
                                                  standards. The 2012 CGP contained                          1. Streamlining of the permit—EPA                   temporary stabilization for stockpiles or
                                                  several provisions to protect water                     streamlined and simplified language                    land clearing debris piles from ‘‘where
                                                  quality and the 2017 CGP includes those                 throughout the 2017 CGP to present                     practicable’’ to requiring cover or
                                                  same provisions. The permit includes a                  requirements in a generally more clear                 appropriate temporary stabilization for
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                                                  narrative WQBEL requiring that                          and readable manner. This structure                    all inactive piles that will be unused for
                                                  discharges be controlled as necessary to                should enhance the operators’                          14 or more days, consistent with the
                                                  meet applicable water quality standards.                understanding of and compliance with                   temporary stabilization deadlines in
                                                  Failure to control discharges in a                      the permit’s requirements. For example,                Part 2.2.14 of the 2017 CGP. EPA made
                                                  manner that meets applicable water                      EPA moved language that was not                        this change to ensure pollutants are
                                                  quality standards is a violation of the                 necessary in the permit into the relevant              minimized from these piles, but is
                                                  permit.                                                 appendix or to the fact sheet. Although                clarifying that the requirement only


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                                                  6538                         Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices

                                                  applies where these piles are not                         9. Notice of Intent (NOI)—In the 2017                significant economic impact on a
                                                  actively being used. Part 2.2.5.                        CGP, EPA added three questions to the                  substantial number of small entities.
                                                    6. Stabilization deadlines—The 2017                   NOI form (Appendix J). These questions                    This analysis evaluates the cost
                                                  CGP establishes a modified approach to                  are:                                                   implications of the key changes to the
                                                  the stabilization deadlines, which is                     • The type of construction site (select              permit. Each change is examined in
                                                  based on the concept of phasing                         one or more of 9 options);                             light of the 2012 CGP’s requirements,
                                                  construction disturbances. Sites that                     • A yes/no question asking if there is               where applicable. The objective of this
                                                  disturb five (5) acres or less must                     demolition of a structure with at least                examination is to show where or to
                                                  complete stabilization within a 14-                     10,000 square feet of floor space that                 what extent the 2017 CGP includes
                                                  calendar day timeframe, which is the                    was built or renovated before January 1,               requirements that impose an
                                                  same timeframe that applied to sites in                 1980; and                                              incremental increase in costs on
                                                  the 2012 CGP. For sites that disturb                      • A yes/no question asking whether                   operators above and beyond costs that
                                                  more than five (5) acres over the course                the predevelopment land use was used                   are already accounted for in the 2012
                                                  of a construction project, operators can                for agriculture.                                       CGP, which incorporated the C&D rule
                                                  choose between completing stabilization                                                                        and defines the baseline of costs to
                                                                                                          IV. Implementation Assistance
                                                  within a 14-calendar day timeframe if                                                                          which operators are currently subject.
                                                  they limit disturbances to five (5) acres                  Following issuance of the 2017 CGP,                    The C&D rule baseline costs estimate
                                                  or less at any one time, or within a 7-                 EPA plans to provide further assistance                the cost of compliance for all
                                                  calendar day timeframe if they do not                   to construction operators, state                       construction activities required to
                                                  limit disturbances to five (5) acres or                 permitting authorities, and other                      obtain NPDES permit coverage to
                                                  less at any one time. The intent of this                interested parties on various aspects of               implement the stormwater controls
                                                  approach is to provide an incentive to                  this new permit. The following                         required by the Effluent Limitations
                                                  disturb less land at any given period of                activities or documents are planned:                   Guideline. While the C&D rule applies
                                                  time by providing longer stabilization                     • National Webcast—EPA will host a                  to permitted construction activities
                                                  timeframes if the disturbance is kept                   webcast in February of 2017 that will                  under the NPDES program nationwide,
                                                  below a threshold level. The deadline                   provide an overview of the 2017 CGP                    the 2017 CGP provides coverage to a
                                                  for sites discharging to sensitive waters               and an opportunity for participants to                 sub-set of those activities in areas not
                                                  remains unchanged (within 7 calendar                    ask questions. EPA anticipates offering                covered by an approved state NPDES
                                                  days), and the exceptions for sites in                  more webcasts covering the same                        program, which accounts for
                                                  arid, semi-arid, and drought-stricken                   material or more specific aspects of the               approximately 5–6 percent of the
                                                  areas and for operators affected by                     permit. The agency will announce                       construction stormwater permitted
                                                  circumstances beyond their control also                 details of all webcasts on the CGP Web                 universe under the NPDES program.
                                                  remain unchanged. Part 2.2.14.                          site at https://www.epa.gov/npdes/                        Calculating the total cost of EPA’s
                                                    7. Construction and domestic waste—                   stormwater-discharges-construction-                    construction stormwater program under
                                                  The 2017 CGP requires operators to                      activities.                                            the 2017 CGP is challenging for several
                                                  keep waste container lids closed when                      • Small Residential Lot SWPPP                       reasons. NPDES general permits, such as
                                                  not in use and at the end of the business               Template—EPA will also be providing                    the CGP, are issued to no one operator
                                                  day for those containers that are actively              an updated template that small                         in particular, with multiple operators
                                                  used throughout the day, or, for waste                  residential lot builders can use to                    obtaining coverage under the general
                                                  containers that do not have lids, to                    develop a streamlined SWPPP that is                    permit after it is issued. Therefore, the
                                                  provide cover or a similarly effective                  consistent with the minimum                            2017 CGP has an inherently unknown
                                                  means to minimize the discharge of                      requirements of the permit.                            permitted universe at the time of permit
                                                  pollutants. EPA made this change to                        • Inspection and Corrective Action                  issuance. EPA can estimate that
                                                  minimize the exposure of these waste                    Report Templates—EPA will also be                      approximately 25,000 operators will
                                                  materials to precipitation and                          providing updated template forms that                  seek coverage under the 2017 CGP
                                                  stormwater, and to make the                             construction site operators can use to                 during its five-year life span, based on
                                                  requirements for construction and                       document inspections completed                         data from previous CGPs.
                                                  domestic waste consistent with the                      pursuant to the permit’s requirements in                  However, the total cost calculation is
                                                  cover requirements for most other types                 Part 4 and in preparing corrective action              dependent on many other factors and
                                                  of materials and wastes in the CGP. Part                reports pursuant to the permit’s                       assumptions that are difficult to
                                                  2.3.3.                                                  requirements in Part 5.                                estimate or extrapolate for the entire
                                                    8. Discharge limitations for sites                       EPA will consider additional outreach               CGP permitted universe. Although
                                                  discharging to sensitive waters—In                      to support the 2017 CGP based on the                   many operators under the CGP share
                                                  order to ensure that discharges meet                    level of interest and demand.                          similar operations and discharge
                                                  water quality standards, EPA added a                                                                           properties, the variables that would
                                                  requirement in the 2017 CGP to                          V. Analysis of Economic Impacts                        need to be accounted for in estimating
                                                  implement controls on sites discharging                   EPA expects the economic impact on                   the total cost of compliance vary widely
                                                  to polychlorinated biphenyl-(PCB)                       entities that will likely seek coverage                across individual construction sites, for
                                                  impaired waters to minimize the                         under this permit, including small                     example, total area and duration that
                                                  exposure of building materials                          businesses, to be minimal. A copy of                   land is disturbed, slope, climate and
                                                  containing PCBs to precipitation and                    EPA’s economic analysis, titled ‘‘Cost                 precipitation patterns, soil type,
                                                  stormwater. This provision applies to                   Impact Analysis for the 2017                           topography, and previous land use. In
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                                                  the demolition of structures with at least              Construction General Permit (CGP),’’ is                addition, factors such as labor and
                                                  10,000 square feet of floor space built or              available in the docket for this permit.               material costs vary across the country.
                                                  renovated before January 1, 1980. EPA                   The economic impact analysis indicates                 Given that EPA does not know and does
                                                  also added a requirement to document                    that while there may be some                           not collect data on all of the specific
                                                  information about the demolition                        incremental increase in the costs of                   operator characteristics necessary to
                                                  location and associated pollutants in the               complying with the 2017 CGP over the                   make an accurate estimate, EPA is not
                                                  SWPPP. Part 3.2.                                        2012 CGP, these costs will not have a                  able to estimate the total cost of


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                                                                               Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices                                               6539

                                                  compliance with EPA’s CGP at this                       VI. Executive Order 12866: Regulatory                     • August 12, 2015—EPA presented a
                                                  time. EPA’s practice instead is to                      Planning and Review and Executive                      brief overview of the 2012 CGP and
                                                  calculate the incremental change in                     Order 13563: Improving Regulation and                  information regarding the upcoming
                                                  burden with each permit reissuance                      Regulatory Review                                      consultation to the National Tribal
                                                  and, where applicable, provide                             Under Executive Order 12866 (58 FR                  Water Council.
                                                  estimates of some known costs that can                  51735, October 4, 1993), this action is a                 • September 22, 2015—EPA held a
                                                  be used to calculate the estimated total                ‘‘significant regulatory action.’’                     consultation teleconference call; 18
                                                  cost of a specific permit change.                       Accordingly, EPA submitted this action                 Tribes were represented. EPA
                                                     Part 3.2 has a new requirement in the                to the Office of Management and Budget                 responded to the general questions
                                                  2017 CGP for operators discharging to                   (OMB) for review under Executive                       raised on the call.
                                                  waters impaired for PCBs. Buildings and                 Orders 12866 and 13563 (76 FR 3821,                       • On October 14, 2015, EPA received
                                                  structures originating or remodeled                     January 21, 2011) and any changes made                 one set of comments from a Tribe in the
                                                  between the years of 1950–1979 often                    in response to OMB recommendations                     State of Washington. EPA evaluated and
                                                  contain PCBs in materials such as caulk                 have been documented in the docket for                 considered the comments during the
                                                  and paint. Without proper controls, the                 this action.                                           finalization of the 2017 CGP; EPA
                                                  demolition of such structures can cause                 VII. Executive Order 12898: Federal                    responded to the formal comments
                                                  PCBs to be released into the                            Actions To Address Environmental                       submitted in writing during the
                                                  environment and discharged into waters                  Justice in Minority Populations and                    comment period in the Agency’s final
                                                  of the U.S. during storm events. To                     Low-Income Populations                                 action.
                                                  address this concern, EPA has added a                     Executive Order (EO) 12898 (59 FR                       • EPA will provide email notification
                                                  new provision that requires controls to                 7629 (Feb. 16, 1994)) establishes federal              to Tribes of today’s final 2017 CGP.
                                                  be implemented to minimize exposure                     executive policy on environmental                         EPA also notes that as part of the
                                                  of PCB-containing building materials to                 justice. Its main provision directs                    finalization of 2017 CGP, it completed
                                                  precipitation and stormwater, and to                    federal agencies, to the greatest extent               the Section 401 certification procedures
                                                  ensure that such materials are disposed                 practicable and permitted by law, to                   with all applicable tribes where the
                                                  in compliance with applicable state,                    make environmental justice part of their               2017 CGP applies (see Appendix B).
                                                  federal, and local laws. The requirement                mission by identifying and addressing,                    Authority: Clean Water Act, 33 U.S.C. 1251
                                                  is limited to the demolition of buildings               as appropriate, disproportionately high                et seq.
                                                  or structures with at least 10,000 square               and adverse human health or
                                                                                                                                                                    Dated: January 11, 2017.
                                                  feet of floor space built or renovated                  environmental effects of their programs,
                                                                                                          policies, and activities on minority                   Deborah Szaro,
                                                  before January 1, 1980 on sites that
                                                  discharge to waters with known                          populations and low-income                             Acting Regional Administrator, EPA Region
                                                                                                          populations in the United States.                      1.
                                                  impairments for PCBs.
                                                                                                            EPA has determined that the 2017                        Dated: January 11, 2017.
                                                     Over 4,500 water bodies are currently                CGP will not have disproportionately                   Javier Laureano,
                                                  listed in the PCB-polluted category,                    high and adverse human health or                       Director, Clean Water Division, EPA Region
                                                  making this the sixth-highest water                     environmental effects on minority or                   2.
                                                  pollution cause nationwide. This                        low-income populations because the                        Dated: January 11, 2017.
                                                  includes 81,610 miles of rivers and                     requirements in the permit apply                       Jose C. Font,
                                                  streams, 3,204,534 acres of lakes and                   equally to all construction projects that
                                                  ponds, and 400,094 square miles of bays                                                                        Acting Director, Caribbean Environmental
                                                                                                          disturb one or more acres in areas where               Protection Division, EPA Region 2.
                                                  and estuaries that are impaired for                     EPA is the permitting authority, and the
                                                  PCBs. EPA does not currently have data                                                                            Dated: January 11, 2017.
                                                                                                          erosion and sediment control provisions
                                                  on the number of construction projects                  increase the level of environmental                    Dominique Lueckenhoff,
                                                  subject to EPA’s CGP that involve                       protection for all affected populations.               Acting Director, Water Protection Division,
                                                  demolition of a structure with at least                                                                        EPA Region 3.
                                                                                                          VIII. Executive Order 13175:                              Dated: January 11, 2017.
                                                  10,000 square feet of floor space built or              Consultation and Coordination With
                                                  renovated before January 1, 1980 on                                                                            César A. Zapata,
                                                                                                          Indian Tribal Governments
                                                  sites that discharge to waters impaired                                                                        Deputy Director, Water Protection Division,
                                                  for PCBs. Therefore, at this time, EPA                    In compliance with Executive Order                   EPA Region 4.
                                                  does not have an estimate for the                       13175, EPA consulted with tribal                          Dated: January 11, 2017.
                                                  number of operators that will be affected               officials to gain an understanding of                  Christopher Korleski,
                                                  by this new requirement. However, EPA                   and, where necessary, address the tribal
                                                                                                                                                                 Director, Water Division, EPA Region 5.
                                                  added a new question on the NOI form                    implications of the permit. In the course
                                                                                                          of this consultation, EPA conducted the                   Dated: January 11, 2017.
                                                  asking about the prevalence of                                                                                 William K. Honker,
                                                                                                          following activities:
                                                  demolition of a structure with at least
                                                                                                            • August 5, 2015—EPA mailed                          Director, Water Division, EPA Region 6.
                                                  10,000 square feet of floor space that                  notification letters to all Tribal leaders,               Dated: January 11, 2017.
                                                  was built or renovated before January 1,                initiating consultation and coordination               Karen Flournoy,
                                                  1980. When reissuing this permit, EPA                   on the draft 2017 CGP. The consultation
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                                                  will review the data submitted on the                                                                          Director, Water, Wetlands, and Pesticides
                                                                                                          period was from August 17, 2015 to                     Division, EPA Region 7.
                                                  NOI forms as well as information on the                 October 13, 2015.
                                                  implementation of this requirement, as                                                                            Dated: January 11, 2017.
                                                                                                            • August 11, 2015—EPA presented a
                                                  necessary, to determine whether to                                                                             Darcy O’Connor,
                                                                                                          brief overview of the 2012 CGP and
                                                  revise the applicability of the                         information regarding the upcoming                     Assistant Regional Administrator, Office of
                                                  requirement or associated cost impact                                                                          Water Protection, EPA Region 8.
                                                                                                          consultation to the National Tribal
                                                  analysis.                                               Caucus.


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                                                  6540                         Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices

                                                     Dated: January 11, 2017.                             is (202) 566–1744. The Air and                         and ATVs.3 EPA’s evaporative emission
                                                  Kristin Gullatt,                                        Radiation Docket and Information                       standards applied to 2008 and
                                                  Deputy Director, Water Division, EPA Region             Center’s Web site is http://www.epa.gov/               subsequent model year nonroad
                                                  9.                                                      oar/docket.html. The electronic mail                   recreational vehicles, and established a
                                                     Dated: January 11, 2017.                             (email) address for the Air and                        fuel tank permeation limit of 1.5 grams
                                                  Daniel D. Opalski,                                      Radiation Docket is: a-and-r-Docket@                   per square meter per day (g/m2/day)
                                                  Director, Office of Water and Watersheds,               epa.gov, the telephone number is (202)                 and a fuel hose permeation limit of 15
                                                  EPA Region 10.                                          566–1742, and the fax number is (202)                  g/m2/day. Correspondingly, CARB’s
                                                  [FR Doc. 2017–01231 Filed 1–18–17; 8:45 am]             566–9744. An electronic version of the                 2007 amendments to their OHRV
                                                                                                          public docket is available through the                 regulation set forth, among other
                                                  BILLING CODE 6560–50–P
                                                                                                          federal government’s electronic public                 provisions, evaporative emission
                                                                                                          docket and comment system. You may                     standards for new 2008 and subsequent
                                                  ENVIRONMENTAL PROTECTION                                access EPA dockets at http://                          model year OHRVs that are identical to
                                                  AGENCY                                                  www.regulations.gov. After opening the                 the federal evaporative emission
                                                                                                          www.regulations.gov Web site, enter                    standards for 2008 and subsequent
                                                  [EPA–HQ–OAR–2016–0181; FRL–9958–63–                     EPA–HQ–OAR–2016–0181 in the ‘‘Enter                    model year nonroad vehicles. In 2014,
                                                  OAR]                                                                                                           CARB adopted the OHRV Amendments
                                                                                                          Keyword or ID’’ fill-in box to view
                                                                                                          documents in the record. Although a                    that establish a new test procedure and
                                                  California State Nonroad Engine
                                                                                                          part of the official docket, the public                evaporative emission standard of 1.0
                                                  Pollution Control Standards;
                                                                                                          docket does not include Confidential                   gram per day (g/day) of total organic gas
                                                  Evaporative Emission Standards and
                                                                                                          Business Information (‘‘CBI’’) or other                (TOG) for a 3-day diurnal period.4
                                                  Test Procedures for Off-Highway
                                                  Recreational Vehicles (OHRVs); Notice                   information whose disclosure is                        A. CARB’s Authorization Request
                                                  of Decision                                             restricted by statute.
                                                                                                                                                                   In a letter dated February 26, 2016,
                                                                                                             EPA’s Office of Transportation and                  CARB submitted to EPA its request
                                                  AGENCY: Environmental Protection                        Air Quality (‘‘OTAQ’’) maintains a Web
                                                  Agency.                                                                                                        pursuant to section 209(e) of the CAA,
                                                                                                          page that contains general information                 regarding authorization of its OHRV
                                                  ACTION: Notice of decision.                             on its review of California waiver and                 Amendments.5 The CARB Board
                                                                                                          authorization requests. Included on that               approved the OHRV Amendments on
                                                  SUMMARY:   The Environmental Protection
                                                                                                          page are links to prior waiver Federal                 July 25, 2013 (by Resolution 13–33).6
                                                  Agency (‘‘EPA’’) is granting the
                                                                                                          Register notices, some of which are                    The OHRV Amendments were approved
                                                  California Air Resources Board
                                                                                                          cited in today’s notice. The page can be               by California’s Office of Administrative
                                                  (‘‘CARB’’) its request for an
                                                                                                          accessed at http://www.epa.gov/otaq/                   Law (OAL) on December 17, 2014 and
                                                  authorization of its amendments to its
                                                                                                          cafr.htm.                                              became operative state law on April 1,
                                                  Off-Highway Recreational Vehicle
                                                  regulation (‘‘OHRV Amendments’’). The                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                 2015.
                                                  OHRV Amendments establish new                                                                                     The OHRV Amendments differ from
                                                                                                          David Dickinson, Attorney-Advisor,
                                                  evaporative emission standards and test                                                                        preexisting OHRV requirements because
                                                                                                          Transportation Climate Division, Office
                                                  procedures for 2018 and subsequent                                                                             they impose a 1.0 g/day evaporative
                                                                                                          of Transportation and Air Quality, U.S.
                                                  model year OHRVs. The California                                                                               emissions standard for the complete
                                                                                                          Environmental Protection Agency, 1200
                                                  OHRV category encompasses a wide                                                                               OHRV fuel system. Previously the
                                                                                                          Pennsylvania Avenue, (6405J), NW.,
                                                  variety of vehicles, including off-road                                                                        OHRV regulation only required fuel
                                                                                                          Washington, DC 20460. Telephone:
                                                  motorcycles, all-terrain vehicles                                                                              tanks and fuel hoses to meet specific
                                                                                                          (202) 343–9256. Fax: (202) 343–2800.
                                                  (‘‘ATVs’’), off-road sport and utility                                                                         permeation standards. The OHRV
                                                                                                          Email: Dickinson.David@epa.gov.
                                                  vehicles, sand cars, and golf carts. This                                                                      Amendments comprehensively address
                                                  decision is issued under the authority of               I. Background                                          all potential sources of evaporative
                                                  the Clean Air Act (‘‘CAA’’ or ‘‘Act’’).                                                                        emissions, including running losses
                                                                                                             CARB first adopted exhaust emission                 (evaporative emissions generated during
                                                  DATES: Petitions for review must be filed               standards and test procedures                          vehicle operation), hot soak (evaporative
                                                  by March 20, 2017.                                      applicable to OHRVs and the engines                    emission generated directly after vehicle
                                                  ADDRESSES: EPA has established a                        used in OHRVs in 1994, and EPA                         operation), and diurnal losses
                                                  docket for this action under Docket ID                  authorized California to enforce such                  (evaporative emissions generated during
                                                  EPA–HQ–OAR–2016–0181. All                               standards and test procedures in 1996.1                long term storage). The OHRV
                                                  documents relied upon in making this                    CARB subsequently adopted
                                                  decision, including those submitted to                  amendments to the OHRV regulation in                      3 67 FR 68242 (November 8, 2002). The terms
                                                  EPA by CARB, are contained in the                       1996, 1999, 2003, and 2007, and EPA                    ‘‘off-road’’ and ‘‘nonroad’’ are used interchangeably,
                                                  public docket. Publicly available docket                determined those amendments either                     generally CARB uses the term off-road and EPA
                                                  materials are available either                                                                                 uses the term nonroad.
                                                                                                          fell within the scope of previously                       4 CARB’s regulatory text enacted by the OHRV
                                                  electronically through                                  granted authorizations or met the                      Amendments (which EPA is authorizing by this
                                                  www.regulations.gov or in hard copy at                  criteria for a new authorization.2                     action), is set forth in California Code of
                                                  the Air and Radiation Docket in the EPA                   In 2002, EPA adopted regulations that                Regulations, Title 13, sections 2416, 2417, 2418,
                                                  Headquarters Library, EPA West                                                                                 2419, 2419.1, 2419.2, 3419.3, and 2419.4. A full
                                                                                                          established both exhaust and                           description of the OHVR Amendments is found in
                                                  Building, Room 3334, located at 1301
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          evaporative emission standards for                     CARB’s Authorization Request Support Document,
                                                  Constitution Avenue NW., Washington,                    nonroad recreational vehicles and                      2014 Amendments to Evaporative Emissions
                                                  DC. The Public Reading Room is open                     engines, including off-road motorcycles                Control Requirements for Off Highway Recreational
                                                  to the public on all federal government                                                                        Vehicles, dated February 26, 2016 (‘‘Authorization
                                                                                                                                                                 Request Support Document’’) at EPA–HQ–OAR–
                                                  working days from 8:30 a.m. to 4:30                       1 61                                                 2016–0181–0002.
                                                                                                                 FR 69093 (December 3, 1996).
                                                  p.m.; generally, it is open Monday                        2 65 FR 69673 (November 20, 2000) [1996                 5 Authorization Request Support Document.
                                                  through Friday, excluding holidays. The                 amendments]; 79 FR 6584 (February 14, 2014)               6 CARB Resolution 13–33, July 25, 2013, EPA–

                                                  telephone number for the Reading Room                   [1999, 2003, and 2007 amendments].                     HQ–OAR–2016–0181–0006.



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Document Created: 2018-02-01 15:15:31
Document Modified: 2018-02-01 15:15:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final permit issuance.
DatesThe 2017 CGP will become effective on February 16, 2017. This effective date will provide dischargers with the immediate opportunity to comply with Clean Water Act requirements in light of the expiration of the 2012 CGP at midnight on February 16, 2017. In accordance with 40 CFR part 23, specifically 23.2, this permit shall be considered issued for the purpose of judicial review on January 25, 2017. 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)(2) of the Clean Water Act, this permit may not be challenged later in civil or criminal proceedings to enforce this permit. In addition, this permit may not be challenged in any other agency proceedings. Deadlines for submittal of notices of intent are provided in Part 1.4.3 of the permit. The permit also provides additional dates for compliance with the terms of the permit.
ContactFor further information on the permit, contact the appropriate EPA Regional office listed in Section I.C of this notice, or Emily Halter, EPA Headquarters, Office of Water, Office of Wastewater Management at tel.: 202-564-3324 or email: [email protected]
FR Citation82 FR 6534 

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