[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Draft Guidance for Future National Pollutant Discharge 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comment on this draft Guidance to clarify and inform future National 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 This draft Guidance highlights 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 The draft Guidance 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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