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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Notices For EPA Region 7, contact Alex B. How can I get copies of this document Owutaka at tel.: 913 5517584 or email and other related information?
at: owutaka.alex@epa.gov.
Docket. EPA has established a docket For EPA Region 8, contact Margaret for this action under Docket ID No.
Kennedy at tel.: 303 3126644 or email EPAHQOW20200005; FRL7611
at: kennedy.margaret@epa.gov.
02OW. Although all documents in the For EPA Region 9, contact Eugene docket are listed in an index, some Bromley at tel.: 415-9723510 or email information is not publicly available, at: bromley.eugene@epa.gov.
i.e., Confidential Business Information For EPA Region 10, contact Bilin Basu CBI or other information whose at tel.: 206 5530029 or email at:
disclosure is restricted by statute.
basu.bilin@epa.gov.
Publicly available docket materials are II. Background available electronically through Section 301a of the CWA provides www.regulations.gov. Out of an that the discharge of any pollutant by abundance of caution for members of any person shall be unlawful unless the public and EPA staff, the EPA
the discharge is in compliance with Docket Center and Reading Room are certain other Sections of the Act. 33
currently closed to the public, with limited exceptions, to reduce the risk of U.S.C. 1311a. The CWA defines discharge of a pollutant as A any transmitting COVID19. When the EPA
addition of any pollutant to navigable Docket Center and Reading Room waters from any point source and B
reopen, publicly available docket any addition of any pollutant to the materials will be available in hard copy waters of the contiguous zone or the at the Water Docket in the EPA Docket ocean from any point source other than Center, EPA/DC EPA West, Room a vessel or other floating craft. 33
3334, 1301 Constitution Ave. NW, U.S.C. 136212. A point source is any Washington, DC. The EPA Docket discernible, confined and discrete Center Public Reading Room is open conveyance but does not include from 8:30 a.m. to 4:30 p.m., Monday agricultural stormwater discharges and through Friday, excluding legal holidays. The telephone number for the return flows from irrigated agriculture.
Public Reading Room is 202 5661744, 33 U.S.C. 136214.
The term pollutant includes among and the telephone number for the Water other things garbage . . . chemical Docket is 202 5662426.
wastes, biological materials . . . and C. Geographic Coverage industrial, municipal, and agricultural waste discharged into water. 33 U.S.C.
EPA provides permit coverage for 13626.
classes of point source discharges of A person may discharge a pollutant pollutants that occur in areas where EPA is the NPDES permitting authority. without violating the Section 301
prohibition by obtaining authorization The geographic coverage of the 2021
to discharge referred to herein as PGP is listed in Appendix C of the coverage under a Section 402 NPDES
permit.
permit 33 U.S.C. 1342. Under Section D. Who are the EPA regional contacts 402a, EPA may issue a permit for the for this final permit?
discharge of any pollutant, or combination of pollutants, For EPA Region 1, contact George Papadopoulos at tel.: 617 9181579; or notwithstanding Section 1311a upon email at papadopoulos.george@epa.gov. certain conditions required by the Act.
EPA issued the first Pesticide General For EPA Region 2, contact Stephen Permit 2011 PGP on October 31, Venezia at tel.: 212 6373856; or email 2011, in response to the United States at venezia.stephen@epa.gov. For Puerto Sixth Circuit Court of Appeals ruling Rico, contact Sergio Bosques at tel.:
vacating EPAs 2006 Final Rule on 787 9775838 or bosques.sergio@
Aquatic Pesticides. National Cotton epa.gov.
Council of America v. EPA, 553 F.3d For EPA Region 3, contact Carissa 927 6th Cir. 2009. EPA developed the Moncavage at tel.: 215 8145798; or PGP to control point source discharges email at moncavage.carissa@epa.gov.
of biological pesticides and chemical For EPA Region 4, contact Sam pesticides that leave a residue into Sampath at tel.: 404 5629229; or waters of the United States. In 2016, email at sampath.sam@epa.gov.
EPA issued the second PGP 2016 PGP.
For EPA Region 5, contact John EPA is issuing the 2021 PGP to replace Colletti at tel.: 312 8866106; or email the 2016 PGP which expires at midnight at colletti.john@epa.gov.
on October 31, 2021. Similar to the 2011
PGP and 2016 PGP, the 2021 PGP
For EPA Region 6, contact William F.
provides coverage for certain point Cooper at tel.: 214 6656443 or email source discharges of pollutants to waters at cooper.williamf@epa.gov.

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of the United States in areas where EPA
is the NPDES permitting authority.
EPA published the draft 2021 PGP
and accompanying Fact Sheet in the Federal Register on January 15, 2021
86 FR 4070, soliciting comments on the draft permit. EPA also conducted formal consultation with Indian Tribal Governments. EPA received 8 written comment letters on the draft permit.
EPA considered all comments received during the comment period in preparing the final permit. EPA responded to all significant comments in the Response to Comment Document which is available as part of the docket for this permit.
III. Summary of the 2021 PGP
A. Summary of Updates to the 2016 PGP
and From the Proposed 2021 PGP
While the requirements of the 2021
PGP remain the same as those in the 2016 PGP, some minor updates have been added and are discussed in more detail in the 2021 PGP Fact Sheet. The draft 2021 PGP was proposed on January 15, 2021 and EPA proposed keeping the same conditions and requirements as the 2016 PGP as well as the following changes:
Removed the out of date NOI
provision that provided automatic coverage for all Operators until January 12, 2017.
Replaced the requirement to use the EPAs eNOI system with EPAs NPDES
eReporting Tool NeT when preparing and submitting NOIs, NOTs, and annual reports.
Updated Appendix A, Definitions, Abbreviations, and Acronyms, to include the terms Pesticide discharges to waters of the United States from pesticide application and pesticide residue, as defined in 40 CFR 122.2.
Modified Appendix B, Standard Permit Conditions, to ensure consistency with 40 CFR 122.41.
Updated Appendix C, Areas Covered, to reflect coverage changes by removing the State of Idaho, and added Indian Country within Virginia and Indiana.
In response to the public comments received and the Endangered Species Act Section 7 consultation, below is a summary of changes to the draft 2021
PGP and discussed in more detail in the 2021 PGP Fact Sheet:
Clarified Part 1.1.2.4 of the PGP by changing the phrase not likely to adversely affect and clarified the supporting documentation to be submitted with the Notice of Intent for the eligibility criterion selected.
Appendix D, Notice of Intent form, and Appendix I, Endangered Species Procedures, are also updated to reflect
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