[Federal Register Volume 86, Number 12 (Thursday, January 21, 2021)]
[Notices]
[Page 6321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01254]



[[Page 6321]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2020-0673; FRL-10019-78-OW]


Applying the Supreme Court's County of Maui v. Hawaii Wildlife 
Fund Decision in the Clean Water Act Section 402 National Pollutant 
Discharge Elimination System Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of guidance.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
issuing a memorandum to provide guidance to the regulated community and 
permitting authorities on applying the recent decision of the United 
States Supreme Court in County of Maui v. Hawaii Wildlife Fund, 140 S. 
Ct. 1462 (2020), in the Clean Water Act Section 402 National Pollutant 
Discharge Elimination System (NPDES) permit program for point source 
discharges that travel through groundwater before reaching a water of 
the United States. Consistent with EPA Guidance; Administrative 
Procedures for Issuance and Public Petitions, published in the Federal 
Register on October 19, 2020, EPA solicited public comments on the 
draft guidance for thirty days, beginning on December 10, 2020. EPA has 
developed a responsiveness summary to address major concerns and 
comments, and it is available in the docket for this action. This 
guidance does not have the force and effect of law and it does not bind 
the public in any way. By issuing this guidance, the Agency intends 
only to provide clarity to the public regarding existing requirements 
under the law or Agency policies.

FOR FURTHER INFORMATION CONTACT: Scott Wilson, Office of Wastewater 
Management, Water Permits Division (MC4203M), Environmental Protection 
Agency. 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone 
number: (202) 564-6087; email address: [email protected].

A. How can I get copies of this document and other related information?

    You may access this document electronically at https://www.epa.gov/npdes/releases-point-source-groundwater or at https://www.federalregister.gov. EPA established an official public docket 
under Docket ID No. EPA-HQ-OW-2020-0673 which is accessible 
electronically at http://www.regulations.gov that will also contain 
copies of this Federal Register notice. The public docket does not 
include CBI or other information whose disclosure is restricted by 
statute. The telephone number for the Water Docket is (202) 566-2426.

    Dated: January 13, 2021.
Anna Wildeman,
Acting Assistant Administrator, Office of Water.
[FR Doc. 2021-01254 Filed 1-19-21; 8:45 am]
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