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ENVIRONMENTAL PROTECTION Branch, (913) 551–7723, or by email at ENVIRONMENTAL PROTECTION AGENCY [email protected]. AGENCY [EPA–R07–OW–2020–0061; FRL–10005–74– SUPPLEMENTARY INFORMATION: The EPA [EPA–HQ–OW–2019–0372; FRL–10005–82– Region 7] is hereby giving notice that the state of OW] Missouri is revising its approved Public Notice of Approval of the Primacy National Pollutant Discharge Water Supply Supervision Program. Revision Application for the Public Elimination System (NPDES) 2020 MDNR revised their program by Water Supply Supervision Program Issuance of the Multi-Sector General incorporating the following EPA From the State of Missouri Permit for Discharges National Primary Drinking Water Associated with Industrial Activity AGENCY: Environmental Protection Regulations: Lead and Copper: Short- Agency (EPA). Term Regulatory Revisions and AGENCY: Environmental Protection ACTION: Notice of approval and Clarifications (72 FR 57781, October 10, Agency (EPA). solicitation of requests for a public 2007) and Revised Total Coliform Rule ACTION: Notice; request for public hearing. (78 FR 10269, February 13, 2013). The comment. EPA has determined that MDNR’s SUMMARY: The Environmental Protection program revisions are consistent with SUMMARY: All ten of the Environmental Agency (EPA) is hereby giving notice and no less stringent than Federal Protection Agency’s (EPA) Regions are that the state of Missouri is revising its regulations. Therefore, EPA intends to proposing for public comment the 2020 approved Public Water Supply approve these program revisions. National Pollutant Discharge Supervision Program delegated to the Elimination System (NPDES) general Missouri Department of Natural Public Hearing Requests permit for stormwater discharges Resources (MDNR). EPA has reviewed associated with industrial activity, also the application and intends to approve Any request for a public hearing shall referred to as the ‘‘2020 Multi-Sector these program revisions. include the following information: (1) General Permit (MSGP)’’ or the DATES: This determination to approve Name, address and telephone number of ‘‘proposed permit.’’ The proposed the Missouri program revision is made the individual, organization or other permit, once finalized, will replace the pursuant to 40 CFR 142.12(d)(3). This entity requesting a hearing; (2) a brief EPA’s existing MSGP that will expire on determination shall become final on statement of the requesting person’s June 4, 2020. The EPA proposes to issue April 1, 2020, unless (1) a timely and interest in the Regional Administrator’s this permit for five (5) years, and to appropriate request for a public hearing determination and a brief statement on provide permit coverage to eligible is received or (2) the Regional information that the requesting person operators in all areas of the country Administrator elects to hold a public intends to submit at such hearing; (3) where the EPA is the NPDES permitting hearing on his own motion. Any the signature of the individual making authority, including , interested person, other than Federal the request or, if the request is made on , , and Agencies, may request a public hearing. behalf of an organization or other entity, , Indian country lands, A request for a public hearing must be the signature of a responsible official of Puerto Rico, the District of Columbia, submitted to the Regional Administrator the organization or other entity. and most U.S. territories and at the address shown below by April 1, Requests for public hearing shall be protectorates. The EPA seeks comment 2020. If a request for a public hearing is addressed to: Regional Administrator, on the proposed permit and on the made within the requested thirty-day Environmental Protection Agency, accompanying fact sheet, which time frame, a public hearing will be Region 7, 11201 Renner Boulevard, contains supporting documentation. held and a notice will be given in the This Federal Register document Lenexa, Kansas 66219. Federal Register and a newspaper of describes the proposed permit and general circulation. Frivolous or All documents relating to this includes specific topics on which the insubstantial requests for a hearing may determination are available for EPA is particularly seeking comment. be denied by the Regional inspection between the hours of 9:00 Where the EPA proposes a new or Administrator. If no timely and a.m. and 3:00 p.m., Monday through modified provision, the Agency also appropriate request for a hearing is Friday at the following offices: (1) solicits comment on alternatives to the received, and the Regional Environmental Protection Agency, proposal and/or not moving forward Administrator does not elect to hold a Region 7, Groundwater and Drinking with the proposal in the final permit. hearing on his own motion, this Water Branch, Water Division, 11201 The EPA encourages the public to read determination will become final on Renner Boulevard, Lenexa, Kansas the fact sheet to better understand the April 1, 2020. 66219 and (2) the Missouri Department proposed permit. The proposed permit All interested parties may request a of Natural Resources, P.O. Box 176, and fact sheet can be found at https:// public hearing on the approval to the Jefferson City, MO 65102. www.epa.gov/npdes/stormwater- Regional Administrator at the EPA discharges-industrial-activities. Region 7 address shown below. Authority: Section 1413 of the Safe Drinking Water Act, as amended, and 40 CFR DATES: Comments must be received on ADDRESSES: Requests for public hearing 142.10, 142.12(d) and 142.13. or before May 1, 2020. Under the shall be addressed to: Regional Paperwork Reduction Act, comments on Administrator, Environmental Dated: February 25, 2020. the information collection provisions Protection Agency, Region 7, 11201 James Gulliford, must be received by the Office of Renner Boulevard, Lenexa, Kansas Regional Administrator, Region 7. Management and Budget (OMB) on or 66219. [FR Doc. 2020–04228 Filed 2–28–20; 8:45 am] before April 1, 2020. FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–P ADDRESSES: You may send comments, Samantha Harden, Environmental identified by Docket ID No EPA–HQ– Protection Agency, Region 7, OW–2019–0372, by any of the following Groundwater and Drinking Water methods:

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• Federal eRulemaking Portal: I. General Information information you consider to be https://www.regulations.gov/ (our Confidential Business Information (CBI) A. Does this action apply to me? preferred method). Follow the online or other information whose disclosure is instructions for submitting comments. The proposed permit covers restricted by statute. Multimedia • Electronic versions of this proposed stormwater discharges from industrial submissions (audio, video, etc.) must be permit and fact sheet are available on facilities in the 30 sectors shown below: accompanied by a written comment. the EPA’s NPDES website at https:// Sector A—Timber Products. The written comment is considered the www.epa.gov/npdes/stormwater- Sector B—Paper and Allied Products official comment and should include discharges-industrial-activities. Follow Manufacturing. discussion of all points you wish to the online instructions for submitting Sector C—Chemical and Allied Products make. The EPA will generally not comments. Manufacturing. consider comments or comment Submit your comments, identified by Sector D—Asphalt Paving and Roofing contents located outside of the primary Docket ID No. EPA–HQ–OW–2019–0372 Materials Manufactures and Lubricant submission (i.e. on the web, cloud, or to the Federal eRulemaking Portal: Manufacturers. other file sharing system). For Sector E—Glass, Clay, Cement, , https://www.regulations.gov. All and Gypsum Product Manufacturing. additional submission methods, the full submissions received must include the Sector F—Primary Metals. EPA public comment policy, Docket ID No. for this proposed permit. Sector G—Metal (Ore Mining and information about CBI or multimedia Comments received may be posted Dressing). submissions, and general guidance on without change to https:// Sector H—Coal Mines and - making effective comments, please visit www.regulations.gov/, including any Related Facilities. https://www.epa.gov/dockets/ personal information provided. For Sector I—Oil and Gas Extraction. commenting-epa-dockets. Sector J—Mineral Mining and Dressing. detailed instructions on sending C. Will public hearings be held on this comments and additional information, Sector K—Hazardous Waste Treatment Storage or Disposal. action? see the ‘‘Public Participation’’ heading Sector L— and Land Application of the SUPPLEMENTARY INFORMATION The EPA has not scheduled any Sites. public hearings to receive public section of this document. Sector M—Automobile Salvage Yards. FOR FURTHER INFORMATION CONTACT: For Sector N—Scrap Facilities. comment concerning the proposed further information on the proposed Sector O—Steam Electric Generating permit. All persons will continue to permit, contact the appropriate EPA Facilities. have the right to provide written Regional office listed in Section I.F of Sector P—Land Transportation. comments during the public comment this action, or Emily Halter, EPA Sector Q—Water Transportation. period. However, interested persons Sector R—Ship and Boat Building or Headquarters, Office of Water, Office of may request a public hearing pursuant Repairing Yards. to 40 CFR 124.12 concerning the Wastewater Management (4203M), 1200 Sector S—Air Transportation Facilities. proposed permit. Requests for a public Pennsylvania Avenue NW, Washington, Sector T—Treatment Works. hearing must be sent or delivered in DC 20460; telephone number: 202–564– Sector U—Food and Kindred Products. writing to the same address as provided 3324; email address: halter.emily@ Sector V—Textile Mills, Apparel, and other above for public comments prior to the epa.gov. Fabric Products Manufacturing. Sector W—Furniture and Fixtures. close of the comment period and must SUPPLEMENTARY INFORMATION: Sector X—Printing and Publishing. state the nature of the issue the This section is organized as follows: Sector Y—Rubber, Miscellaneous Plastic requester would like raised in the Table of Contents Products, and Miscellaneous Manufacturing hearing. Pursuant to 40 CFR 124.12, the Industries. EPA shall hold a public hearing if it I. General Information Sector Z—Leather Tanning and Finishing. finds, on the basis of requests, a A. Does this action apply to me? Sector AA—Fabricated Metal Products. significant degree of public interest in a B. How do I submit written comments? Sector AB—Transportation Equipment, C. Will public hearings be held on this public hearing on the proposed permit. Industrial or Commercial Machinery. If the EPA decides to hold a public action? Sector AC—Electronic, Electrical, D. What process will the EPA follow to Photographic and Optical Goods. hearing, a public notice of the date, finalize the proposed permit? Sector AD—Reserved for Facilities Not time, and place of the hearing will be E. Who are the EPA regional contacts for Covered Under Other Sectors and Designated made at least 30 days prior to the the proposed permit? by the Director. hearing. Any person may provide II. Background of Permit Coverage under the proposed 2020 written or oral statements and data III. Summary of Proposed Permit MSGP is available to operators of pertaining to the proposed permit at the A. 2015 MSGP Litigation and National eligible facilities located in areas where public hearing. Academies Study the EPA is the permitting authority. A B. Summary of Proposed Permit Changes D. What process will the EPA follow to list of eligible areas is included in C. Other Requests for Comment finalize the proposed permit? IV. Paperwork Reduction Act (PRA) Appendix C of the proposed 2020 V. Cost Analysis MSGP. After the close of the public comment period, the EPA intends to issue a final VI. Executive Order 12866: Regulatory B. How do I submit written comments? Planning and Review and Executive permit. This permit will not be issued Order 13563: Improving Regulation and Submit your comments, identified by until all significant comments have been Regulatory Review Docket ID No. EPA–HQ–OW–2019– considered and appropriate changes VII. Compliance With the National 0372, at https://www.regulations.gov have been made to the proposed permit. Environmental Policy Act (NEPA) (our preferred method), or the other The EPA’s responses to public VIII. Executive Order 12898: Federal Actions methods identified in the ADDRESSES comments received will be included in To Address Environmental Justice in Minority Populations and Low-Income section. Once submitted, comments the docket as part of the final issuance. Populations cannot be edited or removed from the Once the final permit becomes effective, IX. Executive Order 13175: Consultation and docket. The EPA may publish any eligible operators of industrial facilities Coordination With Indian Tribal comment received to its public docket. may seek authorization under the 2020 Governments Do not submit electronically any MSGP.

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E. Who are the EPA regional contacts for NPDES permitting authority in the settlement agreement, the EPA agreed the proposed permit? EPA’s Region 4. As proposed, this that, when drafting the proposed 2020 For the EPA Region 1, contact David permit will cover facilities in the state MSGP, it will consider Gray at: (617) 918–1577 or gray.davidj@ of Idaho; the schedule for the transfer of recommendations suggested in the epa.gov. NPDES Permitting Authority to Idaho completed NRC Study. for stormwater general permits is July 1, The NRC delivered the results of their For the EPA Region 2, contact 2021. The geographic coverage of this study, Improving the EPA Multi-Sector Stephen Venezia at: (212) 637–3856 or permit is listed in Appendix C of the General Permit for Industrial [email protected], or for Puerto proposed permit. This permit will Stormwater Discharges, in February of Rico contact Sergio Bosques at: (787) authorize stormwater discharges from 2019. The NRC study can be found at 977–5838 or [email protected]. industrial facilities in 30 sectors, as the following website: https:// For the EPA Region 3, contact Carissa shown in section I.A. of this document. www.nap.edu/catalog/25355/improving- Moncavage at: (215) 814–5798 or The proposed permit is similar to the the-epa-multi-sector-general-permit-for- [email protected]. existing permit and is structured in nine industrial-stormwater-discharges. For the EPA Region 4, contact Sam (9) parts: General requirements that The NRC study’s overarching Sampath at: (404) 562–9229 or apply to all facilities (e.g., eligibility recommendation is that the MSGP is too [email protected]. requirements, effluent limitations, static and should continuously improve For the EPA Region 5, contact inspection and monitoring based on best available science, new Matthew Gluckman at: (312) 886–6089 requirements, Stormwater Pollution data, and technological advances. The or [email protected]. Prevention Plan (SWPPP) requirements, following is a high-level summary of the For the EPA Region 6, contact Nasim and reporting and recordkeeping NRC study’s recommendations the EPA Jahan at: (214) 665–7522 or requirements) (Parts 1–7); industrial addressed in the proposed 2020 MSGP, [email protected]. sector-specific conditions (Part 8); and organized by category. The proposed For the EPA Region 7, contact Mark state and Tribal-specific requirements Fact Sheet provides further discussion Matthews at: (913) 551–7635 or applicable to facilities located within of the NRC study’s recommendations [email protected]. individual states or Indian Country (Part and the settlement agreement terms and For the EPA Region 8, contact Amy 9). Additionally, the appendices provide how they were addressed in the Clark at: (303) 312–7014 or clark.amy@ proposed forms for the Notice of Intent proposed permit. epa.gov. (NOI), the Notice of Termination (NOT), Where the EPA proposes a new or For the EPA Region 9, contact Eugene the Conditional No Exposure Exclusion, modified provision, the EPA also Bromley at: (415) 972–3510 or the Discharge Monitoring Report (DMR), solicits comment on alternatives to the [email protected]. and the annual report, as well as step- proposal and/or not moving forward For the EPA Region 10, contact by-step procedures for determining with the proposal in the final permit. A Margaret McCauley at: (206) 553–1772 eligibility with respect to protecting more comprehensive discussion of the or [email protected]. historic properties and endangered NRC study recommendations can be II. Background of Permit species, and for calculating site-specific, found in Part III of the fact sheet. hardness-dependent benchmarks. • Recommendations for MSGP Section 405 of the Water Quality Act pollutant monitoring requirements and of 1987 added section 402(p) of the A. 2015 MSGP Litigation and National benchmark thresholds: (CWA), which directed Academies Study Æ Industry-wide monitoring for pH, the EPA to develop a phased approach After the EPA issued the 2015 MSGP, total suspended solids (TSS), and to regulate stormwater discharges under numerous environmental non- chemical oxygen demand (COD) as the NPDES program. The EPA published governmental organizations (NGOs) 1 basic indicators of the effectiveness of a final regulation on the first phase on challenged the permit, two industry stormwater controls employed on site. this program on November 16, 1990, groups 2 intervened, and a Settlement To address this recommendation, the establishing permit application Agreement was signed in 2016 with all EPA proposes to require ‘‘universal requirements for ‘‘stormwater parties. The settlement agreement did benchmark monitoring’’ for pH, TSS, discharges associated with industrial not affect the 2015 MSGP but stipulated and COD for all facilities. See Part 4.2.1 activity.’’ See 55 FR 48063. The EPA several terms and conditions that the of the proposed permit and fact sheet. defined the term ‘‘stormwater discharge EPA agreed to address in the proposed Æ A process to periodically review associated with industrial activity’’ in a 2020 MSGP. One key term from the and update sector-specific benchmark comprehensive manner to cover a wide settlement agreement stipulated that the monitoring requirements to incorporate variety of facilities. See 40 CFR EPA fund a study conducted by the new scientific information. To address 122.26(b)(14). The EPA proposes to National Academies of Sciences, this recommendation, the EPA proposes issue the MSGP under this statutory and Engineering, and Medicine’s National revisions to the MSGP’s sector-specific regulatory authority. Research Council (NRC) on potential fact sheets, and proposes specific permit improvements, focused primarily benchmark monitoring for Sectors I, P, III. Summary of Proposed Permit on monitoring requirements, for and R. See Parts 4.2.1.1 and 8, and The proposed 2020 MSGP, once consideration in the next MSGP. In the Appendix Q of the proposed permit and finalized, will replace the existing fact sheet. MSGP, which was issued for a five-year 1 Environmental NGOs included Waterkeeper Æ Benchmark levels based on the term on June 4, 2015 (see 80 FR 34403). Alliance, Apalachicola Riverkeeper, Galveston criteria designed to protect aquatic Baykeeper, Raritan Baykeeper, Inc. d/b/a NY/NJ The 2020 MSGP will cover stormwater Baykeeper, Snake River Waterkeeper, Ecological ecosystems from adverse impacts from discharges from industrial facilities in Rights Foundation, Our Children’s Earth short term or intermittent exposures, areas where the EPA is the NPDES Foundation, Puget Soundkeeper, Lake Pend Oreille which to date have generally been acute permitting authority in the EPA’s Waterkeeper, and Conservation Law Foundation criteria. To address this (collectively, ‘‘Petitioners’’). Regions 1, 2, 3, 5, 6, 7, 8, 9 and 10, and 2 Industry intervenors included Federal Water recommendation, the EPA proposes to will also now provide coverage for Quality Coalition and Federal Storm Water update and/or requests comment on industrial facilities where the EPA is the Association. i benchmark thresholds for aluminum,

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selenium, arsenic, cadmium, conditions, as an alternative or adjunct order to ensure that discharges meet magnesium, iron, and copper based on to structural source controls and/or technology-based and water quality- the latest toxicity information. See Parts treatment controls required in proposed based effluent limitations, and/or (c) to 4.2.1.2 and 8 of the proposed fact sheet. Tier 3 AIM responses. See Part 5.2.3.2.b conduct further inquiry regarding the • Recommendations for sampling of the proposed permit and fact sheet. site’s eligibility for general permit and data collection: In addition to the NRC study, the coverage. See Part 1.3.3 and Table 1–2 Æ Allowance and promotion of the following are other key terms from the of the proposed permit and fact sheet. use of composite sampling for 2016 Settlement Agreement and how • Additional Implementation benchmark monitoring for all pollutants and where the EPA addressed those Measures (AIM). The EPA agreed to except those affected by storage time. To terms in the proposed permit: include in the benchmark monitoring address this recommendation, the EPA • Comparative analysis. The EPA section of the proposed MSGP proposes an explicit clarification that agreed to review examples of numeric ‘‘Additional Implementation Measures’’ composite sampling is allowed for and non-numeric effluent limitations (AIM) requirements for operators for benchmark monitoring. See Part 4.1.4 of (including complete prohibitions, if responding to benchmark exceedances. the proposed permit and fact sheet. any) applicable to the discharge of See Part 5.2 of the proposed permit and Æ For permittees with average results industrial stormwater that have been set fact sheet. that meet the benchmark, a minimum of in other jurisdictions and evaluate the • Facilities required to monitor for continued annual sampling to ensure bases for those limitations. The EPA discharges to impaired waters without appropriate stormwater management includes this analysis, titled ‘‘MSGP an EPA-approved or established Total throughout the remainder of the permit Effluent Limit Comparative Analysis,’’ Maximum Daily Load (TMDL). The EPA term. To address this recommendation, in the docket for this proposed permit agreed to propose for comment specific as part of proposed ‘‘universal (Docket ID No EPA–HQ–OW–2019– edits regarding monitoring for impaired benchmark monitoring’’ for pH, TSS, 0372). waters. See Part 4.2.4.1 of the proposed and COD for all facilities in Part 4.2.1.1, • Preventing recontamination of permit and fact sheet. the EPA proposes that facilities monitor federal Comprehensive Environmental • Revision of Industrial Stormwater and report for these three parameters on Response, Compensation, and Liability Fact Sheets. The EPA agreed to review a quarterly basis for the entire permit Act (CERCLA) sites. The EPA agreed to and revise the MSGP’s sector-specific term, regardless of any benchmark propose for comment an expansion to fact sheets associated with the permit. threshold exceedances, to ensure all the EPA Regions of the existing See Appendix Q of the proposed permit. facilities have current indicators of the eligibility criterion regarding operators B. Summary of Proposed Permit effectiveness of their stormwater control discharging to federal CERCLA sites that Changes measures throughout the permit term. currently applies to operators in Region See Part 4.2.1.2 of the proposed permit 10 in the 2015 MSGP. See Part 1.1.7 of The proposed MSGP includes several and fact sheet. the proposed permit and fact sheet. new or modified requirements from the Æ A tiered approach to monitoring • Eligibility criterion regarding coal- 2015 MSGP, many of which were that recognizes the varying levels of risk tar sealcoat. The EPA agreed to propose discussed in the previous section and among different industrial activities and for comment a new eligibility condition are being proposed to address terms in that balances the overall burden to for operators who, during their coverage the 2016 Settlement Agreement and the industry and permitting agencies. To under the next MSGP, will use coal-tar NRC study’s recommendations. The address this recommendation, the EPA sealcoat to initially seal or to re-seal EPA requests comment on these and all proposes to have the following tiered pavement and thereby discharge parts of the proposed permit. approach to monitoring: (1) A possible polycyclic aromatic hydrocarbons 1. Streamlining of permit. The EPA ‘‘inspection-only’’ option available to (PAHs) in stormwater. The EPA agreed proposes to streamline and simplify low-risk facilities (see Part 4.2.1.1 of the to propose that those operators are not language throughout the permit to proposed permit and fact sheet and eligible for coverage under the MSGP present the requirements in a generally associated request for comment in that and must either eliminate such more clear and readable manner. Part); (2) require new ‘‘universal discharge or apply for an individual Regarding structure of the proposed benchmark monitoring’’ for pH, TSS, permit. See Part 1.1.8 of the proposed permit, proposed Part 4 (Monitoring) and COD; (3) continue existing permit and fact sheet. was previously Part 6 in the 2015 benchmark monitoring requirements • Permit authorization relating to a MSGP; proposed Part 5 (Corrective from the 2015 MSGP; and (4) require pending enforcement action. The EPA Actions and AIM) was previously Part 4 continued benchmark monitoring as agreed to solicit comment on a in the 2015 MSGP; and proposed Part 6 part of the proposed Additional provision covering the situation where a (SWPPP) was previously Part 5 in the Implementation Measures (AIM) facility not covered under the 2015 2015 MSGP. In the EPA’s view, protocol for repeated benchmark MSGP submits an NOI for permit formatting the permit in this new order exceedances. See Parts 4.2. and 5.2 in coverage while there is a related (Monitoring, followed by Corrective the proposed permit and fact sheet. pending enforcement stormwater related Actions and AIM, then SWPPP • Recommendations for stormwater action by the EPA, a state, or a citizen requirements) makes more sequential retention to minimize pollutant loads: (to include both notices of violations sense as the latter parts often refer back Æ Incentives to encourage industrial (NOVs) by the EPA or the state and to requirements in previous parts of the stormwater infiltration or capture and notices of intent to bring a citizen suit). permit. This new structure should use where appropriate. The EPA In this situation, the EPA agreed to enhance understanding of and acknowledges the importance of solicit comment on holding the facility’s compliance with the permit’s protecting groundwater during the use NOI for an additional 30 days to allow requirements. The EPA also made a few of stormwater infiltration systems. To the EPA an opportunity to (a) review the additional edits to improve permit address this recommendation, the EPA facility’s control measures expressed in readability and clarity. The EPA revised proposes infiltration, where the operator its SWPPP, (b) identify any additional the wording of many eligibility can demonstrate to the EPA that it is control measures that the EPA deems requirements to be an affirmative appropriate and feasible for site-specific necessary to control site discharges in expression of the requirement instead of

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assumed ineligibility unless a condition industrial activities are located and of the proposed permit and fact sheet, was met. For example, proposed Part thereby discharge polycyclic aromatic and request for comment 6. 1.1.6.2 reads ‘‘If you discharge to an hydrocarbons (PAHs) in stormwater, 4. Consideration of major storm ‘impaired water’. . .you must do one of would be eligible for coverage under the control measure enhancements. The the following:’’ In comparison, the 2015 2020 MSGP only if they eliminate such EPA proposes that operators would be MSGP reads ‘‘If you are a new discharge(s). This would reduce the required to consider implementing discharger or a new source. . .you are amount of PAHs in industrial enhanced measures for facilities located ineligible for coverage under this permit stormwater discharges. Alternatively, in areas that could be impacted by to discharge to an ‘impaired water’ . . . operators who wish to pave their stormwater discharges from major storm unless you do one of the following.’’ surfaces where industrial activities are events that cause extreme flooding The EPA also numbered proposed located with coal-tar sealcoat may apply conditions. The purpose of this permit conditions that were previously for an individual permit. See Part 1.1.8 proposed requirement is to encourage in bullet form to make it easier to follow of the proposed permit and fact sheet, industrial site operators to consider the and reference the permit conditions. and request for comment 2. risks to their industrial activities and Finally, the language of the proposed • Discharge authorization related to the potential impact of pollutant permit was changed from passive to enforcement action. The EPA proposes discharges caused by stormwater active voice where appropriate (e.g., to establish a discharge authorization discharges from major storm events and ‘‘Samples must be collected . . .’’ now wait period of 60 calendar days after extreme flooding conditions. The EPA reads ‘‘You must collect samples . . .’’). NOI submission for any operators whose also requests comment on how the 2. Permit eligibility and authorization- discharges were not previously covered permit might identify facilities that are related changes. under the 2015 MSGP and who have a at the highest risk for stormwater • Eligibility for stormwater discharges pending stormwater-related impacts from major storms that cause to a federal CERCLA site. The 2015 enforcement action by the EPA, a state, extreme flooding conditions. See Part MSGP requires facilities in the EPA or a citizen (to include both NOVs by 2.1.1.8 of the proposed permit and fact Region 10 that discharge stormwater to the EPA or a state and notices of intent sheet, and request for comment 8. certain CERCLA or Superfund sites (as to bring a citizen suit). EPA is proposing 5. Monitoring changes. defined in MSGP Appendix A and listed this new requirement because the • Universal benchmark monitoring in MSGP Appendix P) to notify the EPA Agency is aware of some instances for all sectors. The EPA proposes to Regional Office in advance and requires where a facility with a pending require all facilities to conduct the EPA Regional Office to determine enforcement action will quickly submit benchmark monitoring for three whether the facility is eligible for permit an NOI without adequately developing indicator parameters of pH, TSS, and coverage. In determining eligibility for their SWPPP or stormwater control COD, called universal benchmark coverage, the EPA Regional Office may measures (SCMs) in order to avoid monitoring. This proposed requirement evaluate whether the facility has further enforcement action. This would apply to all sectors/subsectors, included appropriate controls and additional review time would allow including those facilities that previously implementation procedures designed to EPA to (a) review the facility’s SCMs did not have any chemical-specific ensure that the discharge will not lead detailed in the NOI and SWPPP to make benchmark monitoring requirements to recontamination of aquatic media at sure they are appropriate for the facility and those that previously did not have the CERCLA site. While the 2015 MSGP which may already have stormwater these three specific benchmark permit cycle was limited to discharges pollution issues, (b) identify any parameters under the 2015 MSGP. to certain CERLCA sites in EPA Region additional SCMs that EPA deems These three parameters would provide a 10, the Agency is concerned that necessary to control site discharges in baseline and comparable understanding CERCLA site recontamination from order to ensure that discharges meet of industrial stormwater risk, broader MSGP authorized discharges may be an technology-based and water quality- water quality problems, and stormwater issue in all EPA Regions. In the based effluent limitations, and/or (c) control effectiveness across all sectors. proposed permit, the EPA requests conduct further inquiry regarding the See Part 4.2.1 of the proposed permit comment on whether this current site’s eligibility for permit coverage. See and fact sheet, and requests for eligibility criterion should be applied in Part 1.3.3, Table 1–2 of the proposed comment 10 and 13. all the EPA Regions for facilities that permit and fact sheet, and request for • Impaired waters monitoring. Under discharge to Federal CERCLA sites that comment 4. the 2015 MSGP, operators discharging may be of concern for recontamination 3. Public sign of permit coverage. The to impaired waters must monitor once from stormwater discharges. The EPA is EPA proposes that the 2020 MSGP per year for pollutants for which the interested in information from the include a requirement that MSGP waterbody is impaired and can public that would assist the Agency in operators must post a sign of permit discontinue monitoring if these identifying such sites. The EPA also coverage at a safe, publicly accessible pollutants are not detected or not requests comment on requiring such location in close proximity to the expected in the discharge. The EPA facilities to notify the EPA Regional facility. The EPA proposes that this proposes to require operators Office a minimum of 30 days in advance notice must also include information discharging to impaired waters to of submitting the NOI form. See Part that informs the public on how to monitor only for those pollutants that 1.1.7 in the proposed permit and fact contact the EPA if stormwater pollution are both causing impairments and sheet, and request for comment 1. is observed in the discharge. This associated with the industrial activity • Eligibility related to application of addition will make the protocol for and/or benchmarks. The proposal coal-tar sealcoat. The EPA proposes in requesting a SWPPP easily specifies that, if the monitored pollutant Part 1.1.8 to include aa new eligibility understandable by the public and is not detected in your discharge for criterion related to stormwater improve transparency of the process to three consecutive years, or it is detected discharges from pavement where there report possible violations. The EPA but you have determined that its is coal-tar sealcoat. Operators who will requests comment on this proposal and presence is caused solely by natural use coal-tar sealcoat to initially seal or what information could be included on background sources, operators may to re-seal their paved surfaces where any sign or other notice. See Part 1.3.6 discontinue monitoring for that

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pollutant. This proposed requirements controlled to protect water quality. See and data related to pollutant sources potentially narrows scope of pollutants Part 5.2 of the proposed permit and fact under all industrial sectors with for which the operator must monitor sheet, and requests for comment 21, 22, petroleum hydrocarbon exposure that and improves protections for impaired 23, and 26. can release polycyclic aromatic waters. See Part 4.2.4.1 of the proposed 7. Revisions to sector-specific fact hydrocarbons (PAHs) via stormwater permit and fact sheet. sheets. The EPA proposes updates to the discharges, any concentrations of • Benchmark values. The EPA existing sector-specific fact sheets that individual PAHs and/or total PAHs at proposes to modify and/or requests include information about control industrial sites, the correlation of PAHs comment on benchmark thresholds for measures and stormwater pollution and COD, and appropriate pollution selenium, arsenic, cadmium, prevention for each sector to incorporate prevention/source control methods and magnesium, iron, and copper based on emerging stormwater control measures. stormwater control measures that could the latest toxicity information. See Parts These fact sheets are also proposed to be be used to address PAHs. See Part 4.2.1 and 8 of the proposed fact sheet used when implementing Tier 2 AIM. 4.2.1.2 of the proposed permit and fact and fact sheet, and requests for See Part 5.2.2.2 and Appendix Q of the sheet, and request for comment 20. comment 14, 15, 16, 17, 18, and 19. proposed permit and fact sheet. 7. Modifying the method for • Sectors with new benchmarks. The determining natural background 2015 MSGP does not require sector- C. Other Requests for Comment pollutant contributions. The EPA specific benchmark monitoring for In addition to the specific proposed requests comment on changing the Sector I (Oil and Gas Extraction), Sector changes discussed previously on which threshold for the natural background P (Land Transportation and the EPA seeks comment, the Agency exception throughout the permit from Warehousing), or Sector R (Ship and also requests comment on the following: the 2015 MSGP, which required no net Boat Building and Repair Yards). Based 1. Eligibility related to use of cationic facility contributions, to the proposed on the NRC study recommendation chemicals. The EPA requests comment 2020 MSGP method of subtracting which identified potential sources of on adding an eligibility requirement to natural background concentrations from stormwater pollution from these sectors, the MSGP for operators who may elect the total benchmark exceedance to the EPA proposes to add benchmark to use cationic treatment chemicals to determine if natural background levels monitoring requirements for these three comply with the MSGP, similar to that are solely responsible for the sectors. See Part 8 of the proposed eligibility requirement in the EPA’s exceedance. EPA requests comment on permit, Parts 4.2.1.1 and 8 of the Construction General Permit (CGP). See implications of this change and other proposed fact sheet, and request for Part 1 of the proposed permit and fact factors the Agency should consider in comment 12. sheet, and request for comment 3. proposing this change to the exception. 6. Additional implementation 2. Change NOI form. The EPA EPA also requests comment on other measures. The EPA proposes revisions requests comment on whether a separate appropriate methods to characterize to the 2015 MSGP’s provisions paper Change NOI form would be useful natural background pollutant regarding benchmark monitoring for facilities for submitting concentrations. See Part 5.2.4 of the exceedances. The corrective action modifications to a paper NOI form. See proposed permit and fact sheet, and conditions, subsequent action Part 1.3.4 of the proposed permit and requests for comment 24 and 25. deadlines, and documentation fact sheet, and request for comment 5. 8. Clarifications to Sector G requirements in proposed Part 5.1 3. New acronym for the No Exposure monitoring requirements. The EPA remain unchanged from the 2015 MSGP. Certification (NOE). The EPA requests requests comment on whether the newly In proposed Part 5.2, the EPA proposes comment on changing the acronym for proposed language in Part 8.G.8.3 new tiered Additional Implementation the No Exposure Certification from clarifies the monitoring requirements for Measures (AIM), that are triggered by ‘‘NOE’’ to ‘‘NEC’’ to more accurately that part and if the proposed monitoring benchmark monitoring exceedances. represent what the acronym stands for. frequency is appropriate. Given the The proposed AIM requirements would See Part 1.5 of the proposed permit and overlap in parameters the operator is replace corresponding sections fact sheet, and request for comment 7. required to monitor for in Parts 8.G.8.2 regarding benchmark exceedances in the 4. Alternative approaches to and 8.G.8.3 and the potential confusion 2015 MSGP (‘‘Data exceeding benchmark monitoring. The EPA about the monitoring schedules for the benchmarks’’ in Part 6.2.1.2 in the 2015 requests comment on viable alternative same parameter, EPA proposes to align MSGP). There are three AIM levels: AIM approaches to benchmark monitoring the monitoring schedule for Part 8.G.8.3 Tier 1, Tier 2, and Tier 3. Operators for characterizing industrial sites’ to that of Part 8.G.8.2. The EPA also would be required to respond to stormwater discharges, quantifying requests comment on suspending the different AIM levels with increasingly pollutant concentrations, and assessing analytical monitoring currently required robust control measures depending on stormwater control measure for radium and uranium in Part 8.G.8.3 the nature and magnitude of the effectiveness. See Part 4.2.1 of the until a relevant water quality criterion benchmark threshold exceedance. The proposed permit and fact sheet, and and possible benchmark value can be EPA proposes to retain exceptions to request for comment 9. developed. The EPA requests comment AIM triggers based on natural 5. Inspection-only option in lieu of on any alternative or additional background sources or run-on for all benchmark monitoring. The EPA clarifications to the monitoring AIM levels. The EPA also proposes an requests comment on whether the frequencies the Agency should consider exception in AIM Tier 2 for a one-time permit should include an inspection- for this Part. See Part 8.G.8.3 of the aberrant event, and an exception in AIM only option for ‘‘low-risk’’ facilities in proposed permit and fact sheet, and Tier 3 for operators who are able to lieu of conducting benchmark request for comment 27. demonstrate that the benchmark monitoring. See Part 4.2.1.1 of the exceedance does not result in any proposed permit and fact sheet, and IV. Paperwork Reduction Act (PRA) exceedance of applicable water quality request for comment 11. The information collection activities standards. Proposed AIM requirements 6. Information about polycyclic in this proposed permit have been will increase regulatory certainty while aromatic hydrocarbons (PAHs). The submitted for approval to the OMB ensuring that discharges are sufficiently EPA requests comment on information under the PRA. The Information

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Collection Request (ICR) document that for minimizing respondent burden to category includes ‘‘actions involving the EPA prepared has been assigned the EPA using the docket identified at reissuance of a NPDES permit for a new EPA ICR number 2040–NEW. You can the beginning of this proposed permit source providing the conclusions of the find a copy of the ICR in the docket for (Docket ID No EPA–HQ–OW–2019– original NEPA document are still valid, this permit (Docket ID No EPA–HQ– 0372). You may also send your ICR- there will be no degradation of the OW–2019–0372), and it is briefly related comments to OMB’s Office of receiving waters, and the permit summarized here. Information and Regulatory Affairs via conditions do not change or are more CWA section 402 and the NPDES email to OIRA_submission@ environmentally protective.’’ The EPA regulations require collection of omb.eop.gov, Attention: Desk Officer for completed an Environmental information primarily used by the EPA. Since OMB is required to make Assessment/Finding of No Significant permitting authorities, permittees a decision concerning the ICR between Impact (EA/FONSI) for the existing 2015 (operators), and the EPA to make 30 and 60 days after receipt, OMB must MSGP. The analysis and conclusions NPDES permitting decisions. The receive comments no later than April 1, regarding the potential environmental burden and costs associated with the 2020. The EPA will respond to any ICR- impacts, reasonable alternatives, and entire NPDES program are accounted in related comments in the final permit. potential mitigation included in the EA/ an approved ICR (EPA ICR number V. Cost Analysis FONSI are still valid for the reissuance 0229.23, OMB control no. 2040–0004). of the MSGP because the proposed Certain changes in this proposed permit The EPA expects the incremental cost permit conditions are either the same or would require revisions to the ICR to impact on entities that will be covered in some cases are more environmentally reflect changes to the forms and other under this permit, including small protective. Actions may be categorically information collection requirements. businesses, to be minimal. The EPA excluded if the action fits within a The EPA is reflecting the paperwork anticipates the incremental cost for new category of action that is eligible for burden and costs associated with this or modified permit requirements will be exclusion and the proposed action does permit in a separate ICR instead of $472.75 per facility per year; or not involve any extraordinary revising the existing ICR for the entire $2,363.74 per facility over the 5-year circumstances. The EPA has reviewed program for administrative reasons. permit term. A copy of the EPA’s cost the proposed action and determined Eventually, the EPA plans to analysis for the proposed permit, titled that the reissuance of the MSGP does consolidate the burden and costs in this ‘‘Cost Impact Analysis for the Proposed not involve any extraordinary ICR into that master ICR for the entire 2020 Multi-Sector General Permit circumstances listed in 6.204(b)(1) NPDES program and discontinue this (MSGP),’’ is available in the docket through (b)(10). Prior to the issuance of separate collection. (Docket ID No EPA–HQ–OW–2019– the final MSGP, the EPA Responsible Respondents/affected entities: 0372). The economic impact analysis Official will document the application Industrial facilities in the 30 sectors indicates that while there will be an of the categorical exclusion and will shown in section I.A of this notice in incremental increase in the costs of make it available to the public on the the areas where the EPA is the NPDES complying with the new proposed EPA’s website at https:// permitting authority. permit, these costs will not have a cdxnodengn.epa.gov/cdx-enepa-public/ Respondent’s obligation to respond: significant economic impact on a action/nepa/search. If new information Compliance with the MSGP’s substantial number of small entities. or changes in the proposed permit information collection and reporting VI. Executive Order 12866: Regulatory involve or relate to at least one of the requirements is mandatory for MSGP Planning and Review and Executive extraordinary circumstances or operators. Order 13563: Improving Regulation and otherwise indicate that the permit may Estimated number of respondents: Regulatory Review not meet the criteria for categorical The EPA estimates that approximately exclusion, the EPA will prepare an EA 2,400 operators will receive coverage Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is a or Environmental Impact Statement under the 2020 MSGP. (EIS). Frequency of response: Response ‘‘significant regulatory action.’’ frequencies in the proposed 2020 MSGP Accordingly, EPA submitted this action VIII. Executive Order 12898: Federal vary from once per permit term to to the Office of Management and Budget Actions To Address Environmental quarterly. (OMB) for review under Executive Justice in Minority Populations and Total estimated burden: The EPA Orders 12866 and 13563 (76 FR 3821, Low-Income Populations estimates that the proposed information January 21, 2011) and any changes made collection burden of the proposed in response to OMB recommendations The EPA believes that this action does permit is 68,857 hours per year. Burden will be documented in the docket for not have disproportionately high and is defined at 5 CFR 1320.3(b). this action (Docket ID No EPA–HQ– adverse human health or environmental Total estimated cost: The EPA OW–2019–0372). effects on minority populations, low- estimates that the proposed information income populations and/or indigenous VII. Compliance With the National collection cost of the proposed permit is peoples, as specified in Executive Order Environmental Policy Act (NEPA) $2,374,891.73 per year. 12898 (59 FR 7629, February 16, 1994). An agency may not conduct or Pursuant to the National The EPA has determined that the sponsor, and a person is not required to Environmental Policy Act (NEPA) (42 proposed permit will not have respond to, a collection of information U.S.C. 4321–4307h), the Council on disproportionately high and adverse unless it displays a currently valid OMB Environmental Quality’s NEPA human health or environmental effects control number. The OMB control regulations (40 CFR part 15), and the on minority or low-income populations numbers for the EPA’s regulations in 40 EPA’s regulations for implementing because the requirements in the permit CFR are listed in 40 CFR part 9. NEPA (40 CFR part 6), the EPA has apply equally to industrial facilities in Submit your comments on the determined that the reissuance of the areas where the EPA is the permitting Agency’s need for this information, the MSGP is eligible for a categorical authority, and the proposed provisions accuracy of the provided burden exclusion requiring documentation increase the level of environmental estimates and any suggested methods under 40 CFR 6.204(a)(1)(iv). This protection for all affected populations.

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IX. Executive Order 13175: Agency will complete the Clean Water Misback, Secretary of the Board, 20th Consultation and Coordination With Act section 401 certification procedures and Constitution Avenue NW, Indian Tribal Governments with all authorized tribes where this Washington, DC 20551–0001, not later This action has tribal implications. permit will apply. than March 16, 2020. However, it will neither impose (Authority: Clean Water Act, 33 U.S.C. 1251 A. Federal Reserve Bank of Atlanta substantial direct compliance costs on et seq.) (Kathryn Haney, Assistant Vice federally recognized tribal governments, Dated: February 12, 2020. President) 1000 Peachtree Street, NE, nor preempt tribal law. With limited Dennis Deziel, Atlanta, Georgia 30309. Comments can also be sent electronically to exceptions, the EPA directly Regional Administrator, EPA Region 1. [email protected]: implements the NPDES program in Javier Laureano, 1. S3 Dynamics, L.P., and S3 Indian country as no tribe has yet Director, Water Division, EPA Region 2. obtained EPA authorization to Management, L.L.C. (the managing Carmen R. Guerrero-Pe´rez, administer the NPDES program. As a members of which are John Charles result, almost all eligible facilities with Director, Caribbean Environmental Protection Simpson, New Orleans, Louisiana; John Division, EPA Region 2. stormwater discharges associated with Charles Simpson, Jr., Fenton, Missouri; industrial activities in Indian country Catherine A. Libertz, and Simeon A. Thibeaux, Alexandria, fall under the EPA MSGP or may be Director, Water Division, EPA Region 3. Louisiana), as general partner, both of covered under an individual NPDES Jeaneanne M. Gettle, Alexandria, Louisiana; to become permit issued by the EPA. Director, Water Division, EPA Region 4. members of the Simpson Family Control The EPA consulted with tribal Thomas R. Short Jr., Group and to acquire voting shares of officials under the EPA Policy on Acting Director, Water Division, EPA Region Red River Bancshares, Inc., and thereby Consultation and Coordination with 5. indirectly acquire voting shares of Red Indian Tribes early in the process of Brent E. Larsen, River Bank, both of Alexandria, developing this permit to have Acting Director, Water Division, EPA Region Louisiana. meaningful and timely input into its 6. B. Federal Reserve Bank of Chicago development to gain an understanding Jeffrey Robichaud, (Colette A. Fried, Assistant Vice of and, where necessary, to address the Director, Water Division, EPA Region 7. President) 230 South LaSalle Street, tribal implications of the proposed Humberto L. Garcia, Jr., Chicago, Illinois 60690–1414: permit. A summary of that consultation Acting Director, Water Division, EPA Region 1. Rex R. Weaver, Granger, Iowa, and coordination follows. 8. Steven L. Afdahl, Temecula, California, The EPA initiated a tribal Toma´s Torres, and Daniel L. Stockdale, Iowa Falls, consultation and coordination process Director, Water Division, EPA Region 9. Iowa, as co-trustees of the Rex R. for this action by sending a ‘‘Notice of Daniel D. Opalski, Weaver Revocable Trust II Agreement, Consultation and Coordination’’ letter Director, Water Division, EPA Region 10. and Christopher W. Weaver, Iowa Falls, on June 26, 2019, to all 573 federally Iowa, each individually and together as recognized tribes. The letter invited [FR Doc. 2020–04254 Filed 2–28–20; 8:45 am] BILLING CODE 6560–50–P a group acting in concert; to retain tribal leaders and designated voting shares of Green Belt consultation representative(s) to Bancorporation and thereby indirectly participate in the tribal consultation and FEDERAL RESERVE SYSTEM acquire voting shares of Green Belt Bank coordination process. The EPA held an & Trust, both of Iowa Falls, Iowa. informational webinar for tribal Change in Bank Control Notices; representatives on August 1, 2019. A Board of Governors of the Federal Reserve Acquisitions of Shares of a Bank or total of 19 tribal representatives System, February 25, 2020. Bank Holding Company participated in the webinar. The EPA Yao-Chin Chao also presented an overview of the The notificants listed below have Assistant Secretary of the Board. current 2015 MSGP and potential applied under the Change in Bank [FR Doc. 2020–04161 Filed 2–28–20; 8:45 am] changes for the reissuance of the MSGP Control Act (Act) (12 U.S.C. 1817(j)) and BILLING CODE P to the National Tribal Water Council § 225.41 of the Board’s Regulation Y (12 during a July 10, 2019 call with EPA CFR 225.41) to acquire shares of a bank staff. or bank holding company. The factors FEDERAL RESERVE SYSTEM The EPA solicited comment from that are considered in acting on the Proposed Agency Information federally recognized tribes early in the notices are set forth in paragraph 7 of Collection Activities; Comment reissuance process. Tribes and tribal the Act (12 U.S.C. 1817(j)(7)). organizations submitted one letter and The applications listed below, as well Request three emails to the EPA. Records of the as other related filings required by the AGENCY: Board of Governors of the tribal informational webinar and a Board, if any, are available for Federal Reserve System. consultation summary summarizing the immediate inspection at the Federal written comments submitted by tribes Reserve Bank indicated. The ACTION: Notice, request for comment. are included in the docket for this applications will also be available for SUMMARY: proposed action (Docket ID No EPA– inspection at the offices of the Board of The Board of Governors of the HQ–OW–2019–0372). Governors. Interested persons may Federal Reserve System (Board) invites The EPA incorporated the feedback it express their views in writing on the comment on a proposal to extend for received from tribal representatives in standards enumerated in paragraph 7 of three years, without revision, the the proposal. The Agency specifically the Act. Reporting Requirements Associated solicits additional comment on this Comments regarding each of these with Regulation A (FR A; OMB No. proposed permit from tribal officials. applications must be received at the 7100–0373). The EPA also notes that as part of the Reserve Bank indicated or the offices of DATES: Comments must be submitted on finalization of this proposed permit, the the Board of Governors, Ann E. or before May 1, 2020.

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