Federal Register Notice for the Final NPDES Pesticide General Permit
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68750 Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Notices ENVIRONMENTAL PROTECTION need to obtain an NPDES permit if the C. History of Pesticide Application AGENCY application was done in accordance Regulations Under FIFRA with other laws. EPA requested and was D. Court Decisions Leading to the CWA [EPA–HQ–OW–2010–0257; FRL–9487–9] granted a stay of the Court’s mandate to Regulation Concerning Pesticide RIN 2040–ZA08 provide time to draft and implement the Applications permit noticed today. The stay of the E. 2006 Agency Rulemaking Excluding Final National Pollutant Discharge mandate expires on October 31, 2011; Discharges from Pesticide Applications Elimination System (NPDES) Pesticide after which, NPDES permits will be From NPDES Permitting F. Legal Challenges to the 2006 NPDES General Permit for Point Source required for such point source Discharges From the Application of Pesticides Rule and Resulting Court discharges to waters of the United Decision Pesticides States. G. Publication of the Draft NPDES AGENCY: Environmental Protection DATES: This action is effective on Pesticide General Permit Agency (EPA). October 31, 2011. III. Scope and Applicability of This NPDES Pesticide General Permit ACTION: Notice of final permit. FOR FURTHER INFORMATION CONTACT: For further information on this final NPDES A. Geographic Coverage B. Categories of Facilities Covered SUMMARY: This notice announces the general permit, contact the appropriate C. Summary of Permit Terms and NPDES general permit for point source EPA Regional Office listed in Section Requirements discharges from the application of I.F, or contact Jack Faulk, EPA IV. Economic Impacts of the Pesticide pesticides to waters of the United States, Headquarters, Office of Water, Office of General Permit also referred to as the Pesticide General Wastewater Management at tel.: (202) V. Executive Orders 12866 and 13563 Permit (PGP). A draft PGP was 564–0768 or email: [email protected]. published on June 4, 2010 for public SUPPLEMENTARY INFORMATION: This I. General Information comment. 75 FR 31775. All ten EPA supplementary information section is A. Does this action apply to me? Regions today are issuing the final organized as follows: NPDES PGP, which will be available in You may be affected by this action if those areas where EPA is the NPDES Table of Contents your application of pesticides, under the permitting authority. This action is in I. General Information use patterns in Section III.B., results in response to the Sixth Circuit Court’s A. Does this action apply to me? a discharge to waters of the United ruling that vacated an EPA regulation B. How can I get copies of this document States in one of the geographic areas that excluded discharges of biological and other related information? identified in Section III.A. Potentially C. Who are the EPA regional contacts for pesticides and chemical pesticides that this final permit? affected entities, as categorized in the leave a residue from the application of II. Statutory and Regulatory History North American Industry Classification pesticides to, or over, including near A. Clean Water Act System (NAICS), may include, but are waters of the United States from the B. NPDES Permits not limited to: TABLE 1—ENTITIES POTENTIALLY REGULATED BY THIS PERMIT Category NAICS Examples of potentially affected entities Agriculture parties—General agri- 111 Crop Production. .................... Producers of crops mainly for food and fiber including farms, or- cultural interests, farmers/pro- chards, groves, greenhouses, and nurseries that have irrigation ducers, forestry, and irrigation. ditches requiring pest control. 113110 Timber Tract Operations The operation of timber tracts for the purpose of selling standing tim- 113210 Forest Nurseries Gath- ber. Growing trees for reforestation and/or gathering forest prod- ering of Forest Products. ucts, such as gums, barks, balsam needles, rhizomes, fibers, Spanish moss, ginseng, and truffles. 221310 Water Supply for Irrigation Operating irrigation systems. Pesticide parties (includes pesticide 325320 Pesticide and Other Agri- Formulation and preparation of agricultural pest control chemicals. manufacturers, other pesticide cultural Chemical Manufacturing. users/interests, and consultants). Public health parties (includes mos- 923120 Administration of Public Government establishments primarily engaged in the planning, ad- quito or other vector control dis- Health Programs. ministration, and coordination of public health programs and serv- tricts and commercial applicators ices, including environmental health activities. that service these). Resource management parties (in- 924110 Administration of Air and Government establishments primarily engaged in the administration, cludes State departments of fish Water Resource and Solid regulation, and enforcement of air and water resource programs; and wildlife, State departments of Waste Management Programs. the administration and regulation of water and air pollution control pesticide regulation, State envi- and prevention programs; the administration and regulation of flood ronmental agencies, and univer- control programs; the administration and regulation of drainage de- sities). velopment and water resource consumption programs; and coordi- nation of these activities at intergovernmental levels. VerDate Mar<15>2010 17:50 Nov 04, 2011 Jkt 226001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\07NON1.SGM 07NON1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Notices 68751 TABLE 1—ENTITIES POTENTIALLY REGULATED BY THIS PERMIT—Continued Category NAICS Examples of potentially affected entities 924120 Administration of Con- Government establishments primarily engaged in the administration, servation Programs. regulation, supervision and control of land use, including rec- reational areas; conservation and preservation of natural re- sources; erosion control; geological survey program administration; weather forecasting program administration; and the administration and protection of publicly and privately owned forest lands. Gov- ernment establishments responsible for planning, management, regulation and conservation of game, fish, and wildlife populations, including wildlife management areas and field stations; and other administrative matters relating to the protection of fish, game, and wildlife are included in this industry. Utility parties (includes utilities) ....... 221 Utilities .................................... Provide electric power, natural gas, steam supply, water supply, and sewage removal through a permanent infrastructure of lines, mains, and pipes. B. How can I get copies of this document information about EPA’s public docket, For EPA Region 8, contact David Rise and other related information? visit the EPA Docket Center homepage at USEPA Region 8, Montana 1. Docket. EPA has established an at http://www.epa.gov/epahome/ Operations Office, Federal Building, 10 official public docket for this action dockets.htm. Although not all docket West 15th Street, Suite 3200, Mail Code: under Docket ID No. EPA–HQ–OW– materials may be available 8MO, Helena, MT 59626; or at tel.: (406) 2010–0257. The official public docket is electronically, you may still access any 457–5012 or email at: the collection of materials that is of the publicly available docket [email protected]. available for public viewing at the Water materials through the Docket Facility For EPA Region 9, contact Pascal Docket in the EPA Docket Center, (EPA/ identified in Section I.A.1. Mues, USEPA Region 9, 75 Hawthorne Street, Mail Code: WTR–5, San DC) EPA West, Room 3334, 1301 C. Who are the EPA regional contacts Francisco, CA 94105; or at tel.: (415) Constitution Ave. NW., Washington, for this final permit? DC. Although all documents in the 972–3768 or email at: docket are listed in an index, some For EPA Region 1, contact George [email protected]. information is not publicly available, Papadopoulos at USEPA Region 1, 5 For EPA Region 10, contact Dirk i.e., CBI or other information whose Post Office Square—Suite 100, Boston, Helder, USEPA Region 10 Idaho disclosure is restricted by statute. EPA MA 02109–3912; or at tel.: (617) 918– Operations Office, 1435 North Orchard policy is that copyrighted material will 1579; or email at Street, Boise, ID 83706 or at tel.: (208) not be placed in EPA’s electronic public [email protected]. 378–5749 or email at: docket but will be available only in For EPA Region 2, contact Maureen [email protected]. Krudner at USEPA Region 2, 290 printed, paper form in the official public II. Statutory and Regulatory History docket. Publicly available docket Broadway, New York, NY 10007–1866; materials are available in hard copy at or tel.: (212) 637–3874; or email at A. Clean Water Act the EPA Docket Center Public Reading [email protected]. Section 301(a) of the Clean Water Act Room, open from 8:30 a.m. to 4:30 p.m., For EPA Region 3, contact Peter (CWA) provides that ‘‘the discharge of Monday through Friday, excluding legal Weber at USEPA Region 3, 1650 Arch any pollutant by any person shall be holidays. The telephone number for the Street, Mail Code: 3WP41, Philadelphia, unlawful’’ unless the discharge is in Public Reading Room is (202) 566–1744, PA 19103–2029; or at tel.: (215) 814– compliance with certain other sections and the telephone number for the Water 5749; or email at [email protected]. of the Act. 33 U.S.C. 1311(a). The CWA Docket is (202) 566–2426.