[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
[Notices]
[Pages 12837-12838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03398]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2023-0475; FRL 10889-01-OW]
Draft Guidance for Future National Pollutant Discharge
Elimination System (NPDES) Permitting of Combined Sewer Systems
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for comment.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is seeking
comment on this draft Guidance to clarify and inform future National
Pollutant Discharge Elimination System (NPDES) permitting actions for
communities with combined sewer systems. This draft Guidance highlights
the available approaches for permitting combined sewer overflow (CSO)
communities nearing completion of the projects and activities
identified in their Long-Term Control Plan (LTCP). The draft Guidance
summarizes options under the Clean Water Act (CWA) that are articulated
in the 1994 Combined Sewer Overflow Control Policy and the option to
use the EPA's 2012 Integrated Planning Framework to look holistically
at future investments in controlling wastewater and stormwater
discharges and improving water quality.
DATES: Comments must be received on or before March 21, 2024.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2023-0475, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Water Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m.,
Monday through Friday (except Federal Holidays).
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.
FOR FURTHER INFORMATION CONTACT: Kathryn Kazior, Office of Wastewater
Management, Water Permits Division (MC4203M), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
number: (202) 564-2696; email address: [email protected].
SUPPLEMENTARY INFORMATION: Supporting Documentation. The docket
contains supporting materials that were referenced in the development
of this Guidance.
I. Executive Summary
The Combined Sewer Overflow (CSO) Control Policy (CSO Policy) was
issued in 1994 and incorporated into the Clean Water Act (CWA) in
2000.\1\ Since its issuance, communities with combined sewer systems
nationwide have made substantial progress toward the goals established
in the CSO Policy. During this same time, many factors that influence
how communities address CSOs have evolved. Recognizing these ongoing
changes and to aid communities addressing multiple municipal CWA
requirements, in 2012, the EPA developed an Integrated Planning
Framework that clarifies CWA flexibilities and offers a voluntary
opportunity for a municipality to prioritize and sequence, where
appropriate, those infrastructure projects that provide the greatest or
fastest environmental and public health benefits. Integrated planning
was added to the CWA in 2019.\2\ The EPA is issuing this draft Guidance
to clarify and inform future National Pollutant Discharge Elimination
System (NPDES) permitting actions for communities with CSOs. This draft
Guidance would be applicable to permitting actions once the CSO
permittee has completed construction of CSO controls and demonstrated
that they are achieving the performance objectives outlined in their
Long-Term Control Plan (LTCP). The draft Guidance is intended to
[[Page 12838]]
clarify the options available for CSO communities when they are nearing
completion of the projects and activities identified in their LTCPs and
inform future permitting actions consistent with the CSO Policy, and
the CWA. In addition, the draft Guidance provides recommendations for
permitting authorities on how to develop future CSO permits in more
transparent, equitable, and resilient ways.
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\1\ In the Wet Weather Water Quality Act of 2000, Congress added
section 402(q) to the CWA to provide that each permit, order, or
decree issued after December 21, 2000, for a discharge from a
municipal combined storm and sanitary sewer shall conform to the
1994 Combined Sewer Overflow Control Policy (33 U.S.C. 1342(q)(1)).
\2\ In the Water Infrastructure Improvement Act (H.R. 7279),
Congress added section 402(s) to the CWA that defines an Integrated
Plan as one developed in accordance with the 2012 Integrated
Municipal Stormwater and Wastewater Planning Approach Framework; and
requires the EPA to inform municipalities of the opportunity to
develop an Integrated Plan that may inform permit terms and
conditions to help meet their existing CWA obligations (33 U.S.C.
1342(s)). These amendments clarified that municipalities may develop
an Integrated Plan as defined under the CWA and the permitting
authority may develop NPDES permit terms and conditions informed by
that plan.
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II. Public Participation
A. Request for Public Comments
The EPA requests public comment on the draft Guidance.
B. Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OW-2023-
0475, at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section. 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 to the
EPA's docket at https://www.regulations.gov any information you
consider to be Confidential Business Information (CBI), Proprietary
Business Information (PBI), 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. The 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). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the
full EPA public comment policy; information about CBI, PBI, or
multimedia submissions; and general guidance on making effective
comments.
III. General Information
What action is the EPA taking?
The agency is requesting comments on this draft Guidance to clarify
and inform future NPDES permitting actions for communities with CSOs.
Visit the EPA website at: https://www.epa.gov/npdes/combined-sewer-overflow-control-policy for a copy of the draft Guidance. The draft
Guidance will also be available at: https://www.regulations.gov, Docket
ID No. EPA-HQ-OW-2023-0475.
Radhika Fox,
Assistant Administrator, Office of Water.
[FR Doc. 2024-03398 Filed 2-16-24; 8:45 am]
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