[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Notices]
[Pages 3803-3804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01382]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2022-0097; FRL-9455-01-OW]


National Pollutant Discharge Elimination System (NPDES) 
Industrial Stormwater Fact Sheet Series

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public input.

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SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency) is 
seeking public input on updating the National Pollutant Discharge 
Elimination System (NPDES) Industrial Stormwater Fact Sheet Series 
(hereinafter referred to as ``the fact sheets''). EPA's industrial 
stormwater program has 29 fact sheets currently posted online for each 
sector covered under the 2021 Multi-Sector General Permit (MSGP) for 
stormwater discharges from industrial activity. Each fact sheet 
describes the types of facilities included in the sector, typical 
stormwater pollutants associated with the sector, and types of 
stormwater control measures (SCMs) that may be used to minimize the 
discharge of the pollutants. EPA is seeking public input on the fact 
sheets, particularly focused on updating: Common activities, pollutant 
sources, and associated pollutants at facilities in each sector; and 
SCMs or best management practices (BMPs), including source control and 
good housekeeping/pollution prevention measures for potential pollutant 
sources at facilities in each sector. In updating the fact sheets, EPA 
will consider input received in response to this notice as well as any 
relevant comments related to the content of the fact sheets that the 
Agency received during the public comment period for the proposed 2021 
MSGP. The fact sheets can be found in the docket and at https://www.epa.gov/npdes/stormwater-discharges-industrial-activities-fact-sheets-and-guidance.

DATES: Comments on the fact sheets must be received on or before March 
28, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2022-0097, by the following method:
     Federal eRulemaking Portal: https://www.regulations.gov/. 
Follow the online instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document. Out of an abundance of caution for members of 
the public and our staff, the EPA Docket Center and Reading Room are 
open to the public by appointment only to reduce the risk of 
transmitting COVID-19. Our Docket Center staff also continues to 
provide remote customer service via email, phone, and webform. Hand 
deliveries and couriers may be received by scheduled appointment only. 
For further information on EPA Docket Center services and the current 
status, please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Katelyn Amraen, EPA Headquarters, 
Office of Water, Office of Wastewater Management (MC 4203M), 1200 
Pennsylvania Avenue NW, Washington, DC 20460; telephone number: 202-
564-2740; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Public Participation

    Submit your comments, identified by Docket ID No. EPA-HQ-OW-2022-
0097, at https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from the docket. The EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. Background

    EPA's industrial stormwater program has 29 fact sheets currently 
posted online for each sector covered under the MSGP and shown below:
    Sector A--Timber Products.
    Sector B--Paper and Allied Products Manufacturing.
    Sector C--Chemical and Allied Products Manufacturing.
    Sector D--Asphalt Paving and Roofing Materials Manufactures and 
Lubricant Manufacturers.
    Sector E--Glass, Clay, Cement, Concrete, and Gypsum Product 
Manufacturing.
    Sector F--Primary Metals.
    Sector G--Metal Mining (Ore Mining and Dressing).
    Sector H--Coal Mines and Coal Mining-Related Facilities.
    Sector I--Oil and Gas Extraction.
    Sector J--Mineral Mining and Dressing.
    Sector K--Hazardous Waste Treatment Storage or Disposal.
    Sector L--Landfills and Land Application Sites.
    Sector M--Automobile Salvage Yards.
    Sector N--Scrap Recycling Facilities.
    Sector O--Steam Electric Generating Facilities.
    Sector P--Land Transportation.
    Sector Q--Water Transportation.
    Sector R--Ship and Boat Building or Repairing Yards.
    Sector S--Air Transportation Facilities.
    Sector T--Treatment Works.
    Sector U--Food and Kindred Products.
    Sector V--Textile Mills, Apparel, and other Fabric Products 
Manufacturing.
    Sector W--Furniture and Fixtures.
    Sector X--Printing and Publishing.
    Sector Y--Rubber, Miscellaneous Plastic Products, and Miscellaneous 
Manufacturing Industries.
    Sector Z--Leather Tanning and Finishing.

[[Page 3804]]

    Sector AA--Fabricated Metal Products.
    Sector AB--Transportation Equipment, Industrial or Commercial 
Machinery.
    Sector AC--Electronic, Electrical, Photographic and Optical Goods.
    Each fact sheet describes the types of facilities included in the 
sector, typical stormwater pollutants associated with the sector, and 
types of SCMs that may be used to minimize the discharge of the 
pollutants. The fact sheets are used by permittees, industrial 
stormwater stakeholders, and state/territory NPDES permitting 
authorities on a voluntary basis as a reference tool and informational 
resource. EPA currently does not mandate the use of the fact sheets for 
permit compliance or otherwise under the NPDES industrial stormwater 
program.
    As part of a 2016 MSGP settlement agreement, EPA agreed to and 
proposed the following changes in the proposed 2021 MSGP:
     Review and revise ``the MSGP's sector-specific fact sheets 
to incorporate emerging SCMs that reflect BAT [Best Available 
Technology Economically Achievable] and BCT [Best Conventional 
Pollutant Control Technology], as revealed by current industry practice 
and as may be reflected in the NRC Study, as EPA deems appropriate.'' 
\1\
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    \1\ The ``NRC Study'' refers to a study funded by EPA and 
conducted by the National Academies of Sciences, Engineering, and 
Medicine's National Research Council (NRC) that was completed in 
February of 2019. The NRC study can be found at the following 
website: https://www.nap.edu/catalog/25355/improving-the-epa-multi-sector-general-permit-for-industrial-stormwater-discharges.
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     Propose, as part of Additional Implementation Measures 
(AIM) Tier 2, ``the operator must implement all feasible control 
measures in the relevant sector-specific fact sheet . . .''
    EPA fulfilled these terms from the 2016 MSGP settlement agreement 
in the proposed 2021 MSGP by incorporating a portion of the revised 
fact sheets into the proposed permit as sector specific SCM checklists 
in permit ``Appendix Q.'' Ultimately, based on public comments, EPA did 
not finalize that the SCM checklists in Appendix Q or the associated 
requirement to implement the controls under AIM Tier 2, nor did EPA 
post the revised versions of the proposed checklists online. Instead, 
EPA retained the sector-specific fact sheets as guidance documents and 
revised each of them to include practices that operators could use to 
minimize per- and polyfluoroalkyl substances (PFAS) in stormwater 
discharges. For a detailed summary of the comments EPA received on 
Appendix Q and the Agency's response to comments, please see Comment 
Response Essay 4 Proposals Not Finalized for ``Appendix Q--Stormwater 
Control Measures'' (page 60) in ``Response to Public Comments EPA NPDES 
2021 Multi-Sector General Permit (MSGP)'' which can be found in the 
docket for the 2021 MSGP under Document ID number EPA-HQ-OW-2019-0372-
0349 or at the following website: https://www.regulations.gov/document/EPA-HQ-OW-2019-0372-0349.
    Even though EPA did not finalize Appendix Q, the Agency recognized 
the need to evaluate and potentially revise the fact sheets in the near 
future. In the final 2021 MSGP Federal Register Notice, EPA stated in 
two instances that:
     ``EPA plans to work with external stakeholders to 
thoroughly revise the sector-specific fact sheets'' (86 FR 10269, 
10274, February 19, 2021), and
     ``EPA will continue to work with stakeholders to further 
update these sector-specific fact sheets with additional emerging 
stormwater control measures that could be used by industrial 
operators'' (86 FR 10269, 10275, February 19, 2021 (specific to PFAS)).

IV. Approach To Obtain Stakeholder Input on Fact Sheets

    Based on EPA's commitment in the final 2021 MSGP Federal Register 
Notice, EPA is now seeking feedback on appropriate updates and 
revisions to the 29 industrial stormwater fact sheets related to the 
two main tables in each fact sheet:
    (1) Common activities, pollutant sources, and associated pollutants 
at facilities in each sector, and
    (2) SCMs or BMPs including source control and good housekeeping/
pollution prevention measures for potential pollutant sources at 
facilities in each sector.
    The fact sheets can be found in the docket and at https://www.epa.gov/npdes/stormwater-discharges-industrial-activities-fact-sheets-and-guidance.
    To assist EPA in reviewing and evaluating public input, please 
consider the following when preparing your comments for the Agency:
     Where possible, organize comments by referencing a 
specific fact sheet (e.g., ``Sector A'') and the paragraph, table, or 
part of the fact sheet.
     Explain as clearly as possible why you agree or disagree 
with the current fact sheet language.
     Suggest alternatives and substitute language for any 
requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     Provide specific examples to illustrate your concerns.
    In addition to considering the comments received in response to 
this Federal Register Notice, EPA will also consider the relevant 
comments related to the fact sheets that the Agency received during the 
public comment period for the proposed 2021 MSGP. Through this request 
for comment, EPA intends to afford commenters the opportunity to 
consider the full content of the fact sheets, rather than the subset of 
information that was proposed as ``Appendix Q'' of the proposed 2021 
MSGP, since ``Appendix Q'' only contained the SCM checklist portion of 
the existing fact sheets. EPA encourages comment from all stakeholders, 
including smaller industry groups, individual permittees, and community 
and environmental groups.
    EPA will assess the public input received and determine what 
changes to the fact sheets are appropriate and warranted, and what, if 
any, further research is needed to support the changes. EPA will then 
make changes to the fact sheets and post the updated fact sheets on the 
industrial stormwater website.

    Dated: January 18, 2022.
Andrew D. Sawyers,
Director, Office of Wastewater Management, Office of Water.
[FR Doc. 2022-01382 Filed 1-24-22; 8:45 am]
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