[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Rules and Regulations]
[Pages 3324-3338]
[FR Doc No: 2019-01339]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 122, 124 and 125

[EPA-HQ-OW-2016-0145; FRL9988-87-OW]
RIN 2040-AF25

National Pollutant Discharge Elimination System (NPDES):
Applications and Program Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
certain revisions to the National Pollutant Discharge Elimination
System permitting regulations proposed on May 18, 2016. The final
regulatory changes are minor and will improve and clarify the
regulations in the following major categories: Regulatory definitions
(``new discharger'' and two definitions related to the discharge of
pesticides from pesticides application); permit applications; and
public notice. This final rule also updates the EPA contact information
and web addresses for electronic databases, updates outdated references
to best management practices guidance documents, and deletes a
provision relating to best practicable waste treatment technology for
publicly owned treatment works that is no longer applicable. The final
revisions modernize the NPDES regulations, promote submission of
complete permit applications, and clarify regulatory requirements to
allow more timely development of NPDES permits that protect human
health and the environment.

DATES: This final rule is effective on June 12, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OW-2016-0145. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Frank Sylvester, Water Permits
Division, Office of Wastewater Management, Mail Code 4203M,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>or Janita Aguirre, Water Permits Division,
Office of Wastewater Management, Mail Code 4203M, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

    The information presented in this preamble is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. What action is the Agency taking and why?
    C. What is the Agency's authority for taking this action?
    D. What are the incremental costs and benefits of this action?
    E. How was the final rule developed?
II. Rule Revisions Finalized in This Action
    A. Revisions to Part 122
    B. Revisions to Part 124

    C. Revisions to Part 125
III. Rule Revisions Not Finalized in This Action
IV. Impacts
V. Compliance Dates
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act
    K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low Income
Populations
    L. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this action are: The EPA;
authorized state, territorial, and tribal programs; and the regulated
community. This table is not intended to be exhaustive, rather, it
provides a guide for readers regarding entities that this action is
likely to regulate.

       Table I-1--Entities Potentially Affected by This Final Rule
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                                             Examples of potentially
                Category                        affected entities
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State, Territorial, and Indian Tribal    States and Territories
 Governments.                             authorized to administer the
                                          NPDES permitting program;
                                          States, Territories, and
                                          Indian Tribes that provide
                                          certification under section
                                          401 of the CWA; States,
                                          Territories, and Indian Tribes
                                          that own or operate treatment
                                          works.
Municipalities.........................  Publicly Owned Treatment Works
                                          (POTWs), municipal separate
                                          storm sewer systems (MS4s), or
                                          other municipal entities
                                          required to apply for or seek
                                          coverage under an NPDES
                                          individual or general permit
                                          and to perform routine
                                          monitoring as a condition of
                                          an NPDES permit.
Industry...............................  Facilities required to apply
                                          for or seek coverage under an
                                          NPDES individual or general
                                          permit and to perform routine
                                          monitoring as a condition of
                                          an NPDES permit.
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    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT.

B. What action is the Agency taking and why?

    The EPA is finalizing certain minor, generally clarifying revisions
to the NPDES regulations initially proposed on May 18, 2016.\1\ The
final regulatory changes improve and clarify regulations in the
following major categories: Regulatory definitions (``new discharger''
and two definitions related to the discharge of pesticides from
pesticides application); permit applications; and public notice. The
final regulatory changes also update the EPA's contact information and
web addresses for electronic databases and outdated references to best
management practices, and delete a provision that is no longer
applicable (40 CFR 125.3(a)(1)(ii), relating to best practicable waste
treatment technology for publicly owned treatment works). As a result
of this final rule, the NPDES regulations will promote submission of
complete permit applications, contain modernized regulatory
requirements to allow more timely development of NPDES permits that
protect human health and the environment, and be more clear and
effective.
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    \1\ 81 FR 31343.
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C. What is the Agency's authority for taking this action?

    These regulations are promulgated pursuant to the Clean Water Act,
33 U.S.C. 1251 et seq., in particular, CWA sections 301, 304(i), 308,
402 and 501.

D. What are the incremental costs and benefits of this action?

    This final rule promulgates minor, generally clarifying revisions
to the NPDES regulations. The EPA has estimated that the revisions
finalized in this action will result in an overall burden decrease to
permitting authorities and the regulated community of approximately
$2,389,889 and 17,912 hours annually.

E. How was the final rule developed?

    In developing this final rule, the EPA considered the public
comments and feedback received from stakeholders on the May 18, 2016
proposal (hereafter referred to as the Proposed Rule). The EPA provided
a 75-day public comment period after the Proposed Rule was published in
the Federal Register.
    Over 450 organizations and individuals submitted comments on a
range of issues. The EPA received an additional 14,438 letters from
individuals associated with mass letter writing campaigns. Some
comments addressed issues beyond the scope of the proposed rulemaking;
however, the EPA did not contemplate expanding the scope of the
rulemaking or making regulatory changes to address the substance of
these comments. In each section of this preamble, the EPA discusses
significant public comments so that the public is fully aware of the
Agency's basis for the final rule. For a full response to these and all
other comments, see the EPA's Response to Comments document in the
official public docket for this rulemaking.
    In addition, the EPA met with all stakeholders who requested time
to discuss the contents of the proposed rule. Records of each meeting
are included in the official public docket.

II. Rule Revisions Finalized in This Action

    The EPA has created a comparison document showing the revisions to
the current NPDES regulations made by this final rule, and a second
document showing the revisions made between the proposed and final
rule. The EPA has posted both documents at: https://www.epa.gov/npdes/npdes-application-and-program-updates, and placed them in the docket
for today's rule.

A. Revisions to Part 122

1. Purpose and Scope (Note to 40 CFR 122.1)--NPDES Contact Information
    The EPA is finalizing the correction to the Note to 40 CFR 122.1,
NPDES contact information, to delete outdated references to program
contact information that are no longer accurate. The final Note also
includes the updated website address for the NPDES homepage, http://www.epa.gov/npdes/.
    The EPA received one public comment associated with this revision.
The comment expressed support for the effort to remove the outdated
information and questioned whether the EPA could remove the Note
entirely or

provide a more generic approach than including specific contact
information that requires a rulemaking to update. While it is true that
the Note to 40 CFR 122.1 could be deleted entirely or generically
updated, the EPA's view is that providing up-to-date contact
information in the Code of Federal Regulations (CFR) will save the
permitting authorities and the public time when they seek to contact
the EPA about these regulations. For instance, if the Note were deleted
entirely, an interested party who is used to the information appearing
in the regulatory text may spend unnecessary time searching the
internet and navigating the EPA's website for NPDES information.
Instead, the EPA is retaining the Note and including the up-to-date
NPDES homepage to provide a direct link for interested parties to find
the EPA's NPDES-related information about a particular issue or program
area.
2. NPDES Program Definitions (40 CFR 122.2)
(a) Pesticide Discharges to Waters of the United States From Pesticide
Application
    In 2009, the Court of Appeals in National Cotton Council, et al. v.
EPA, 553 F.3d 927 (6th Cir. 2009) found that point source discharges of
biological pesticides and chemical pesticides that leave a residue to
waters of the United States (U.S.) are pollutants under the CWA and
therefore require NPDES permits. In response, the EPA issued the first
Pesticide General Permit on October 31, 2011 and reissued the permit on
October 24, 2016.\2\ The Proposed Rule added a definition of
``pesticide applications to waters of the United States'' to ensure the
NPDES regulations are consistent with the 6th Circuit decision as
implemented by the Agency's Pesticide General Permit. In this action,
the EPA includes a final definition for ``Pesticide discharges to
waters of the United States from pesticide application,'' as well as a
regulatory definition for ``pesticide residue.''
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    \2\ See https://www.epa.gov/npdes/pesticide-permitting. The
EPA's Pesticide General Permit applies only to areas and activities
where states are not authorized to administer the NPDES program.
Authorized states develop and issue their own permits for pesticide
discharges to waters of the United States from pesticide
application.
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    The comments received on the proposal were mixed. Many comments
requested additional language clarifications in order to be consistent
with the court decision and to avoid confusion regarding the issue of
whether or not pesticides must leave a residue to qualify as pollutants
requiring permit coverage under the NPDES program. One comment
requested that the EPA include definitions for ``biological
pesticides,'' ``chemical pesticides,'' and ``pesticide residue.''
    In response to the comments received, this final rule includes
minor wording changes from the proposal to use NPDES regulatory
terminology such as ``discharge'' and to change ``pesticide
application'' to ``discharges to waters of the United States from
pesticide application'' to better reflect current NPDES terminology,
which is used in both the 6th Circuit decision and the EPA's Pesticide
General Permit. Based on the comments received, this final rule also
includes a regulatory definition of the term ``pesticide residue'' for
purposes of clarifying which discharges to waters of the U.S. from the
application of pesticides require NPDES permits. The EPA is not adding
a regulatory definition for ``biological pesticide'' \3\ in 40 CFR
122.2 because this concept and relevant regulatory definitions are
already included in 40 CFR 174.3, 40 CFR 158.2000(a)(1), and 40 CFR
158.2100(b).
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    \3\ This term, also called biopesticides, includes microbial
pesticides, biochemical pesticides, and plant-incorporated
protectants.
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    This definition in the final rule provides that the term
``pesticide residue'' in 40 CFR 122.2 includes the portion of a
pesticides application that is discharged from a point source to waters
of the U.S. and no longer provides pesticidal benefits. It also
includes any degradates of the pesticide. This definition is identical
to the definition of ``pesticide residue'' already used in the EPA's
Pesticide General Permit.
    By including the final definitions related to pesticide discharges
to waters of the U.S. in the comprehensive NPDES definitions at 40 CFR
122.2, the regulations have increased clarity and consistency regarding
discharges regulated under the CWA and therefore require NPDES permits.
The final definitions do not change which pesticide discharges are
subject to NPDES permitting.
(b) New Discharger
    The EPA is finalizing the proposed correction of a typographical
error in paragraph (d) of the New Discharger definition to change
``NDPES'' to ``NPDES.'' The EPA received no public comments associated
with this revision.
3. Changes to Existing NPDES Permit Application Requirements (40 CFR
122.21)
    The CWA directs the Administrator to ``promulgate guidelines for
the purpose of establishing uniform application forms,'' and minimum
requirements for the acquisition of information from owners and
operators of point-sources of discharge. 33 U.S.C. 1314(i). The EPA
regulations at 40 CFR part 122 implement this requirement. The EPA
proposed specific revisions to clarify and update the permit
application requirements in 40 CFR 122.21. In this action, the EPA is
finalizing the revisions to the permit application requirements, as
described in the following sections, to update and improve application
consistency, accuracy, and usability.
    The EPA regulations establish permit application requirements and
corresponding forms for use by all applicants for EPA-issued individual
permits. Accordingly, the EPA has updated the eight application forms
consistent with the final requirements addressed in this final rule.\4\
An authorized state program may choose to use the EPA's forms or
develop its own application forms; however, an authorized program's
forms must collect all of the information that the Agency's regulations
require.\5\
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    \4\ For more information about the NPDES application forms and
their history, see the preamble to the proposed rule: 81 FR 31345-
31346 (May 18, 2016) and 81 FR 31349 (May 18, 2016).
    \5\ 40 CFR 122.21(a)(2)(iv).
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    In the Proposed Rule, the EPA indicated that it had established a
separate docket (EPA-HQ-OW-2016-0146) to receive comments on potential
future changes to the application forms and information requests.
Specifically, the EPA solicited comment on whether and how a separate
future action should address the utility and clarity of the information
requests and on how to minimize the information collection burden on
respondents, including the use of appropriate automated, electronic,
mechanical, or other forms of information technology (see 81 FR 31367,
May 18, 2016). The EPA did not receive any substantive comments that
identified duplication, redundancy or other ways to reduce burden
associated with the forms that have not been otherwise discussed and/or
addressed in this rulemaking.
(a) NPDES Contact Information (40 CFR 122.21(a)(2))
    The EPA is finalizing the correction to 40 CFR 122.21(a)(2) to
update contact information for obtaining application

forms, as proposed. The final provision deletes outdated references to
program contact information, and includes the updated website address
for the NPDES homepage, http://www.epa.gov/npdes. The EPA received no
public comments associated with this revision. In general, it is the
EPA's view that providing up-to-date contact information in the CFR
will save the permitting authorities and the public time when they seek
to contact the EPA about these regulations. For instance, if this
information were not provided in the regulation, an interested party
may spend unnecessary time searching the internet and navigating the
EPA's website for NPDES information. Instead, the EPA is providing
updated contact information for parties interested in obtaining the
NPDES application forms.
(b) Industrial Classification Codes (40 CFR 122.21(f)(3))
    The EPA is finalizing the revisions to the requirements at 40 CFR
122.21(f)(3), for all facilities except POTWs and treatment works
treating domestic sewage (TWTDSs), to include North American Industry
Classification System (NAICS) codes,\6\ in addition to Standard
Industrial Classification (SIC) codes,\7\ that reflect the products or
services provided by the facility.
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    \6\ NAICS code numbers and descriptions in the North American
Industrial Classification System Manual prepared by the Executive
Office of the President, Office of Management and Budget can be
found online at: http://www.census.gov/eos/www/naics/.
    \7\ SIC code numbers and descriptions in the 1987 Standard
Industrial Classification Manual prepared by the Executive Office of
the President, Office of Management and Budget can be found online
at: http://www.osha.gov/pls/imis/sic_manual.html.
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    Most comments received either supported or did not oppose the
proposed requirement to include NAICS codes. While generally supporting
the revision, several comments questioned why the EPA proposed to
require submission of both SIC and NAICS codes, suggesting instead that
the Agency should require one or the other, or provide flexibility to
choose which code to submit. Some comments also expressed concern and
requested clarification about the overall timing and transition process
from SIC codes to NAICS codes.
    The EPA's intent with the proposed rulemaking was to require both
SIC and NAICS codes, as both codes provide useful information. For
example, SIC codes are referenced in several Effluent Limitations
Guidelines regulations that serve as the basis for effluent limitations
in NPDES permits. While the EPA may elect to replace those SIC codes
with NAICS codes at some point in the future, the SIC code is currently
a critical piece of information needed for NPDES permitting
purposes.\8\ While the older SIC codes are still referenced in other
regulations, NAICS codes are now the federal data standard typically
used to identify and classify industrial operations.\9\ Although the
NAICS codes are not directly linked to most CWA implementing
regulations, they are the recommended industry classification system in
OMB's Statistical Policy Directive No. 8, and NAICS codes have
effectively replaced SIC codes, which have not been updated since 1987.
Use of the NAICS codes as the data standard across all federal data
systems ensures consistency in assessments conducted across multiple
federal databases. Use of the NAICS codes also allows the NPDES permit
program to reflect the evolution of industries to which dischargers
belong.
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    \8\ For example, see 40 CFR 414.11(a) which establishes effluent
limitations guidelines subcategories using the 1987 SIC categories.
    \9\ See ``North American Industry Classification System United
States, 2017'' Executive Office of the President, Office of
Management and Budget, 2017.
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    In many cases there is a one-to-one crosswalk between the SIC and
NAICS codes; however, this is not always true. [Note: The United States
Census Bureau provides online resources connecting SIC and NAICS codes:
https://www.census.gov/eos/www/naics/concordances/concordances.html.]
    Given that some CWA regulations use SIC codes, both codes remain
important for permitting and data tracking purposes. Therefore, the
final rule will require an applicant to provide both SIC and NAICS
codes on application forms. After changes are made in the future to
replace SIC code references in other CWA regulations, the EPA will
evaluate revisiting the application forms to remove or revise the SIC
code requirements.
(c) New Discharger Data Submission (40 CFR 122.21(k)(5)(vi), 40 CFR
122.21(j)(4)(i), and 40 CFR 122.21(j)(5)(i))
    Because they have not commenced discharge, applications for new
dischargers require submission of estimates of the types and quantities
of pollutants discharged. The regulations for non-POTWs require
submission of actual effluent data (consistent with the effluent
characterization data required in the applications for existing
dischargers) no later than 24 months after the discharge has commenced.
In the EPA's Proposed Rule, the Agency sought to revise application
requirements for new dischargers, both POTWs and non-POTWs, to require
the submission of effluent data that is required in the application for
an existing discharger within 18 months from the commencement of
discharge. For non-POTWs, the proposal shortened the period from 24
months to 18 months, and for POTWs, the proposal created the
requirement for the first time. The revision sought to ensure that
dischargers submit the required effluent data in a manner that is
timely and consistent. Providing follow-up effluent data allows the
permit writer to evaluate any discrepancies between estimated or
anticipated effluent characteristics estimated and reported by the
applicant prior to the commencement of discharge, and the effluent
characteristics based on actual effluent data after the commencement of
discharge.
    In the proposed rulemaking, the EPA envisioned three months for a
facility's treatment system to be operating efficiently, one year of
sampling, and another three months to report data. The EPA received
mixed comments on the proposed revisions to 40 CFR 122.21(k)(5)(vi), 40
CFR 122.21(j)(4)(i), and 40 CFR 122.21(j)(5)(i). Multiple comments
generally supported the proposed revisions and one comment suggested
that the timeframe should be shortened from the proposed 18 months to
16 months by reducing the time to report data from three months to one
month. On the other hand, several comments objected to shortening the
timeframe from 24 months to 18 months for new industrial (non-POTW)
dischargers. They argued that 24 months is necessary for optimizing
facility operation and gathering and reporting representative data. One
commenter pointed to examples in other rulemakings, such as the EPA's
steam electric power sector effluent limitation standards and
guidelines,\10\ where the need for significant facility startup and
optimization time is documented. Additionally, one comment suggested
that many treatment systems are affected by rainfall or are dependent
on biological treatment that takes longer than three months to
establish and optimize. Another commenter suggested that 24 months is a
more suitable timeframe for new POTWs as well, suggesting that it
provides a more complete data set, representing close to two full
annual cycles that account for potential seasonal fluctuations and
their impacts on effluent quality and flow variability.
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    \10\ Effluent Limitations Guidelines and Standards for the Steam
Electric Power Generating Point Source Category, 80 FR 67837
(November 3, 2015).

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    When the EPA first established \11\ the non-POTW requirement at 40
CFR 122.21(k)(5)(vi) and the corresponding requirements in application
Form 2D (for new sources and new dischargers), the Agency considered a
range of options for the submission of ``follow-up data.'' The range of
options the EPA considered included requiring no additional information
at all to requiring the submission of Form 2C (applicable to existing
dischargers) after commencement of the discharge. When the EPA first
established the requirement to provide follow-up data no later than two
years after commencement of discharge, the Agency received no negative
comments and the provision was generally supported. At that time, some
commenters suggested that a ``steady state'' or optimized operations
for non-POTWs may not be reached within one year's time and 24 months
was therefore more appropriate.
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    \11\ The EPA first proposed 40 CFR 122.21(k)(5)(vi) on October
1, 1984 (49 FR 38812) and first finalized the 24-month requirement
on July 28, 1986 (51 FR 26982).
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    As the Agency did in 1984 and 1986, the EPA continues to take into
consideration the needs of industry for regulatory certainty and the
possible necessity for adjusting permit limits after operation
commences to protect human health and the environment. As a result,
after evaluating the comments received, the EPA is retaining the 24-
month requirement for non-POTWs to submit effluent data after the
commencement of discharge and is not finalizing the proposed revision
to 40 CFR 122.21(k)(5)(vi) to reduce the requirement to 18 months. As
suggested by commenters, the additional six months could strengthen the
quality of information submitted to the Agency.
    The EPA is finalizing, in this action, the editorial changes to 40
CFR 122.21(k)(5)(vi) to remove the reference to a permit holder's
presumed gender, as well as correcting the reference to the correct
application form--Form 2C. In addition, after evaluating the comments
received, and for the reasons discussed above in the context of new
non-POTW dischargers, the EPA is finalizing revisions to 40 CFR
122.21(j)(4)(i) and 40 CFR 122.21(j)(5)(i) with modifications to
require submission of follow-up data for new POTWs no later than 24
months after commencement of the discharge. Further details regarding
the Agency's basis for these actions may be found in the Response to
Comment document.
(d) Data Age for Permit Renewal (40 CFR 122.21(g)(7)(ix))
    The EPA proposed a new paragraph (ix) to 40 CFR 122.21(g)(7), to
mirror the existing language of 40 CFR 122.21(j)(4)(vi) and (vii),
which is applicable to POTWs, and corresponding Form 2A. Proposed
paragraph 40 CFR 122.21(g)(7)(ix) would have been applicable to
industrial applicants and incorporated into Form 2C. The existing
regulation for POTWs at 40 CFR 122.21(j)(4)(vi) provides that existing
data may be used, if available, in lieu of sampling done solely for the
purpose of the application. Additionally, 40 CFR 122.21(j)(4)(vii)
provides that for POTWs, existing data for specified pollutants
collected within four and one-half years of the application must be
included in the pollutant data summary by the applicant. It also
provides that if sampling for a specific pollutant is done monthly or
more frequently, it is only necessary to summarize all data collected
within one year of the application. For the purpose of consistency, the
EPA sought to adopt the same conditions on the use of existing data in
lieu of sampling data collected solely for the purposes of the
application for industrial applicants through the proposed 40 CFR
122.21(g)(7)(ix). The proposed requirement would have superseded the
instructions to current Form 2C, applicable to industrial applicants,
which provide flexibility to use existing data, but subject to
different conditions. The Form 2C instructions provide that data from
samples taken in the past may be used in lieu of the otherwise required
sampling for application purposes if the samples meet all data
requirements, all samples were taken no more than three years before
application submission, and all data are representative of the present
discharge.
    The EPA received several comments on the proposed addition of 40
CFR 122.21(g)(7)(ix) (and conforming changes to the substance of Form
2C). Comments focused on the three years versus four and one-half years
for acceptable data age, whether the one-year of summary data provision
should be allowed, what constitutes representative samples, and general
suggestions attempting to make the rule clearer.
    After reviewing public comment, the EPA has decided to finalize its
proposal to allow the use of data collected up to four and one-half
years prior to the date of permit application, but has decided not to
finalize other proposed elements in 40 CFR 122.21(g)(7)(ix) due to
differences in data reporting requirements for POTWs in Form 2A and
non-POTWs in Form 2C
    Specifically, commenters noted that the proposed revisions to 40
CFR 122.21(g)(7)(ix) required that ``All existing data . . . that is
collected within four and one-half years of the application must be
included in the pollutant data summary submitted by the applicant.''
Commenters noted that this requirement was not consistent with the
NPDES recordkeeping requirement at 40 CFR 122.41(j)(2), which requires
that most effluent monitoring data be retained for three years.
Further, commenters noted that the use of the term ``summary data''
that was appropriate in the context of reporting under the POTW
application requirements, was confusing with respect to the data
reporting format required for non-POTWs in Form 2C.
    With respect to the proposed revision that non-POTW applicants
``must'' provide all data from the past four and one-half years, the
EPA agrees that the proposed requirement is inconsistent with the
existing recordkeeping requirements, and has revised the provision to
track the long-standing language in the instructions to Form C. The
final data age provision at 40 CFR 122.21(g)(7)(ix) allows applicants
to use data up to four and one-half years, but does not require four
and one-half years of data. As discussed in the preamble to the
proposed rule, the EPA has determined that the four and one-half year
data age allowance, rather than the three-year allowance mentioned only
in the existing Form 2C instructions, provides applicants with
additional flexibility and a more practical timeframe (i.e., their
previous five-year permit term minus the 180-day application period)
for collection of effluent characterization data. This four and one-
half year timeframe has been in place for POTWs since the revisions to
Form 2A were promulgated in 1999, and the EPA has seen no problems
associated with this existing POTW requirement.
    Consistent with the language from the existing Form 2C application
instructions, the final provision at 40 CFR 122.21(g)(7)(ix) also
clarifies that existing data may only be used where they remain
representative of the current discharge characteristics. With respect
to comments regarding whether data are ``representative'' of the
discharge, the EPA considers the discussion and examples included in
the existing and revised instructions to the application forms to
provide the appropriate level of detail.

    The final regulatory provision at 40 CFR 122.21(g)(7)(ix) also
removes the term ``summary data'' which the EPA agrees is unnecessary
and confusing with respect to the data reporting format in Form 2C.
(e) Reporting Electronic Mail Address
    The EPA is finalizing revisions to the following paragraphs in 40
CFR 122.21 to request the applicant's electronic mailing address
(email) as proposed: 40 CFR 122.21(c)(2)(ii)(B), 40 CFR 122.21(f)(4),
40 CFR 122.21(j)(1)(ii), 40 CFR 122.21(j)(1)(viii)(2) and (3), 40 CFR
122.21(j)(9), 40 CFR 122.21(q)(1)(i), 40 CFR 122.21(q)(2)(i), 40 CFR
122.21(q)(8)(vi)(A), 40 CFR 122.21(q)(9)(iii)(D) and (E), 40 CFR
122.21(q)(9)(iv)(A), 40 CFR 122.21(q)(10)(ii)(A), 40 CFR
122.21(q)(10)(iii)(K)(1), 40 CFR 122.21(q)(11)(ii)(A), 40 CFR
122.21(q)(12)(i), and 40 CFR 122.21(q)(13). The EPA received one public
comment associated with these revisions. The comment expressed general
support for these revisions, and did not contain any substantive
comments requiring the EPA's response.
(f) Reporting Numbers of Significant Industrial Users (SIUs) and Non-
Significant Categorical Industrial Users (NSCIUs)
    The CWA directs the EPA to publish ``regulations establishing
pretreatment standards for introduction of pollutants into treatment
works'' (33 U.S.C. 1317). Under the NPDES regulations at 40 CFR
122.21(j)(6), POTW permit applicants must provide certain information
for SIUs that discharge to the treatment works (33 U.S.C. 1314(i) and
1317). SIUs are either industrial dischargers that: Deliver either
large volumes (daily average of 25,000 gallons or more) of wastewater
to the POTW for final treatment, are subject to Categorical
Pretreatment Standards (known as categorical industrial users or
``CIUs''), or both. The wastewater from these facilities may affect the
operation and performance of the POTW, and may contain pollutants that
are otherwise uncharacteristic of domestic sewage. In the Proposed
Rule, the EPA proposed revisions to 40 CFR 122.21(j)(6)(i) and (ii) of
the NPDES application regulations to reflect changes in the definition
of SIU in the general pretreatment regulations at 40 CFR 403.3(v).
Before a 2005 regulation which streamlined the pretreatment regulations
for existing and new sources (70 FR 60191), all CIUs were defined as
SIUs.\12\ The 2005 regulation changed the definition to authorize the
POTW Control Authority \13\ to determine that certain CIUs meeting
prescribed conditions could be classified as non-significant CIUs
(NSCIUs) as opposed to SIUs. The ability to designate a CIU as an NSCIU
resulted in reduced reporting requirements for the facility as well as
the control authority because permittees are not required to report
information about NSCIUs as often.\14\
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    \12\ 70 FR 60134, October 14, 2005.
    \13\ ``Control authority,'' defined at 403.3(f), means a POTW
with an approved POTW pretreatment program; or, in the absence of a
POTW pretreatment program, the authorized state pretreatment
program; or the EPA in the absence of an authorized state
pretreatment program.
    \14\ CIUs must report in June and December each year (or more
frequently) on their continued compliance with categorical
pretreatment standards and submit those reports to the
(pretreatment) Control Authority. 40 CFR 403.12(e)(1). Significant
non-CIUs (SIUs not subject to categorical pretreatment standards)
must also report similar information every 6 months to the Control
Authority (403.12(h). Where, however, a facility is designated as an
NSCIU, it need only submit annual reports certifying that it never
discharges more than 100 gallons of total categorical wastewater on
any given day, and information to support that certification. 40 CFR
403.12(q).
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    In this action, the EPA is finalizing some of the changes to 40 CFR
122.21(j)(6)(i) identified in the Proposed Rule. Prior to this final
rule, the EPA's regulations and application Form 2A asked for the
number of CIUs and the number of SIUs. By changing the requirement to
report only the number of SIUs and NSCIUs, instead of CIUs, the
permitting authority will gain a clearer picture in Form 2A of the
number of CIUs that are designated as NSCIUs since all CIUs are
categorized as either SIUs or NSCIUs.
    While the EPA did not receive any comments in opposition to this
proposed revision to 40 CFR 122.21(j)(6)(i), the EPA received comments
and questions regarding the inclusion of the phrase ``trucked or hauled
wastes'' in its definition of SIU to 40 CFR 122.21(j)(6)(i). By
including this phrase, the EPA intended to clarify that the reported
number should include not only those SIUs and NSCIUs directly connected
to the POTW, but also those SIUs and NSCIUs that truck or haul their
wastes to the POTW. This rule does not change how trucked or hauled
wastes are defined or regulated under the pretreatment program. Based
on the comments received, the EPA has modified the final version of the
provision from what was proposed to clarify that the number of SIUs and
NSCIUs reported on application forms pursuant to 40 CFR 122.21(j)(6)(i)
includes the number of SIUs and NSCIUs that deliver their waste to the
POTW through means other than direct connection (e.g., pipe), including
delivery via truck or haul.
    The EPA received additional comments regarding the proposed
revisions to 40 CFR 122.21(j)(6)(ii). Multiple comments raised the
concern that, as proposed, 40 CFR 122.21(j)(6)(ii) would require POTWs
to report detailed information on a potentially significant number of
CIUs which the control authority determined to be NSCIUs. Commenters
suggested that this would increase the reporting burden for the POTW
and would run counter to the flexibility provided by 40 CFR 403.3(v).
    The EPA agrees and is not finalizing the proposed revision to 40
CFR 122.21(j)(6)(ii) so that the changes in this final rule carry
forward the burden reduction established by previous changes to 40 CFR
403.3(v) and 403.12(q). In accordance with 40 CFR 403.3(v) and
403.12(q), the pretreatment control authority determines that NSCIUs
consistently comply with all applicable categorical pretreatment
standards, annually submit a certification and data necessary to
support the certification, and never discharge any untreated
concentrated wastewater. Additionally, in determining whether a CIU is
an NSCIU, the control authority must find that the NSCIU has no
reasonable potential for adversely affecting the POTW's operation.
Annual reports and supporting data submitted to the control authority
contain the information sought in 40 CFR 122.21(j)(6)(ii)(A) through
(G). As a result, requiring POTWs to submit detailed information for
all NSCIUs, as proposed in 40 CFR 122.21(j)(6)(ii), would negate the
burden reduction provided by 403.3(v) and 403.12(q). Therefore, the EPA
is not finalizing the proposed revision to 40 CFR 122.21(j)(6)(ii) and
is instead retaining the previous requirements applicable only to SIUs
to provide specific information. The requirements in 40 CFR
122.21(j)(6)(ii)(A)-(G) to provide specific information do not apply to
NSCIUs.
(g) Cooling Water Intake Structure Indication (40 CFR 122.21(f)(9))
    The EPA is finalizing the proposed revision to add paragraph 40 CFR
122.21(f)(9), with modification. The final rule requires the applicant
to indicate whether the facility uses cooling water and to specify the
source of the cooling water. The EPA is not finalizing the
parenthetical note provided in the proposed version of 40 CFR
122.21(f)(9). The EPA has determined that the explanation about the
applicability of application requirements under 40 CFR 122.21(r) is

best placed in the application form instructions. The parenthetical
note to 40 CFR 122.21(f)(9) in the proposed rulemaking was not a
proposed new requirement and would have imposed no new additional
requirements.
    Most of the public comments received on this revision were
supportive; however, one comment questioned the purpose and need for
this revision, and suggested the requirement would create additional
burden and costs on facilities that use cooling water, but are not
subject to the requirements at 40 CFR 122.21(r). No specific costs or
burdens were shared or suggested by the commenter.
    The EPA agrees that all facilities, not just those subject to 40
CFR 122.21(r), would be subject to the requirement to indicate the use
and source of cooling water; however, the EPA has determined that this
requirement would not cause undue burden or impose any significant
costs. By requiring indication of the use and source of cooling water,
a permitting authority will receive key information necessary to
effectively and efficiently develop an NPDES permit for the facility.
For facilities already covered by 40 CFR 122.21(r), the final provision
would notify the permitting authority that the application information
under 40 CFR 122.21(r) is forthcoming. For facilities that are not
already covered by 40 CFR 122.21(r), the final provision would provide
valuable information on cooling water intake structures at minimal
burden to the applicant. The final rule revision does not alter any
existing requirements in 40 CFR 122.21(r) or 40 CFR 125.91.
h. Indication of Requests for Technology-Based Variances (40 CFR
122.21(f) and 122.21(j))
    The EPA is finalizing revisions, as proposed, to 40 CFR 122.21(f)
and 122.21(j) to require applicants to indicate whether they are
requesting any of the technology-based variances allowed under 40 CFR
122.21(m) for non-POTWs and 40 CFR 122.21(n) for POTWs.
    While some public comments received on this revision expressed
support, other comments suggested that there may be instances where it
would not be known whether a technology-based variance would be
requested at the time of application.
    The final rule ensures the permitting authority is aware of a
technology-based variance request, if known, at the time of permit
application, which will enable the permitting authority to more
effectively and efficiently coordinate with the applicant and
appropriate regulators on the technology-based variance request. The
EPA acknowledges that there may be some instances where an applicant
will not yet know at the time of application whether they will request
a technology-based variance. The final rule does not and is not
intended to limit an applicant's ability to request a technology-based
variance only to the time of application. The final rule does not alter
any existing requirements in 40 CFR 122.21(m) or 40 CFR 122.21(n), and
an applicant continues to be able to request a technology-based
variance consistent with existing statutory and regulatory
requirements.
4. Best Management Practices (BMPs) (40 CFR 122.44(k)(4))
    The EPA is finalizing the correction to the Note to 40 CFR
122.44(k)(4), Best Management Practices (BMPs), as proposed to delete
outdated references to information sources that are no longer
available. The final Note also includes the website address where
updated BMP information is contained to ensure that the most current
BMP guidance is provided.
    The EPA received several comments on the proposed correction,
including those from a municipality, trade associations, an authorized
state NPDES program, and a state association. Several of the comments
recommended that the listed BMP guidance documents be replaced by a
general reference to the website where updated BMP guidance documents
are contained to ensure that the most current BMP guidance is provided.
One commenter also felt that listing some but not all documents in the
note could imply that the included documents are preferred by the EPA,
when others may be just or more appropriate for use by states. While
the EPA agrees that the list of documents is not exhaustive, the Agency
has maintained the list of existing guidance document titles and
associated EPA publication numbers because it will save permitting
authorities, regulated entities, and the public time when they seek
these documents by using the EPA National Service Center for
Environmental Publications (NSCEP) website (https://www.epa.gov/nscep).
Additionally, existing text in the Note to 40 CFR 122.44(k)(4) makes
clear that updates to the listed documents may also be available and
all guidance documents are available to the public through the NSCEP
website.

B. Revisions to Part 124

1. Public Notice Requirements (40 CFR 124.10(c))
    The CWA requires that a ``copy of each permit application and each
permit issued [under 402 of the Act] shall be available to the public''
(33 U.S.C. 1342(j)). The CWA also requires that notice be provided to
the public, as well as any other state whose waters may be affected, of
each NPDES permit application and that an opportunity be provided for a
public hearing before ruling on each permit application. 33 U.S.C.
1342(a)(2) and (b)(3). The EPA is finalizing 40 CFR 124.10(c)(2)(iv) to
allow permitting authorities to provide public notice of permitting
actions for NPDES major individual and general permits on the
permitting authority's publicly available website in lieu of the
newspaper publication requirement in 40 CFR 124.10(c)(2)(i). In
addition, the EPA is finalizing the requirement to post the draft
permit and fact sheet on the permitting authority's publicly available
website for the duration of the public comment period where the
permitting authority chooses to use online public notice for a draft
permit. However, the EPA is not finalizing the proposed requirement for
a permitting authority that chooses the option to use website public
notice to additionally post the final permit, fact sheet and response
to comments on the website for the entire term of the permit. The final
rule meets the objectives of the EPA's proposal, although the EPA made
some changes to the regulatory language in response to public comments
and after further consideration of the Agency's policy objectives and
existing regulatory language. The EPA's objectives in the proposal were
to provide permitting authorities with an alternative method of
providing notice of permit applications and hearings, and affirm
flexibility in reaching the public through a variety of methods that
would greatly expand public access to applications and draft permits.
In addition to the substantive changes described in the following
section, the final rule also includes editorial changes that are not
substantive in nature.
    Most of the public comments received on providing the option for
online posting of public notice via the permitting authority's website
in lieu of newspaper publication were supportive. Some comments urged
the EPA to retain the option of, or require, public notice in local
daily and weekly publications (e.g., newspapers), citing environmental
justice (EJ) concerns, lack of access to the internet for certain
populations and communities who do not use the

internet for religious or other reasons (e.g., Amish, Mennonite, and
Hutterite) as the need for public notice in printed publications. While
some comments suggested that only members of the public already aware
of where to seek information about permits would have easy access to
the public notice and permit documents, many comments also stated that
allowing public notice online in lieu of printed publications would
result in notice to the broadest possible audience as well as modernize
public notice options and potentially allow the permitting authority to
save time and money. After consideration of these comments, the EPA is
finalizing the option for online public notice for the NPDES actions
described in 40 CFR 124.10(a)(1), as well as the regulatory note
reminding the permitting authority to ensure that the method(s) of
public notice used effectively informs all interested communities and
allows access to the permitting process for those seeking to
participate. The EPA expects that this would include newspaper notices
in areas that continue to be best served by printed publications with
NPDES-regulated entities owned or operated by identifiable populations
(e.g., Amish, Mennonite, and Hutterite) who do not use certain
technologies (e.g., computers or electricity) and areas known or likely
to include members of identifiable populations who do not have access
to or use certain technologies. The EPA also expects that this would
include newspaper notices in areas known or likely to have limited
broadband internet access, areas with underserved or economically
disadvantaged communities, areas with prolonged electrical system
outrages, and during large-scale disasters (e.g., hurricanes).
    As noted in the preamble to the Proposed Rule,\15\ the EPA has
carefully evaluated the potential effect of this revision on
underserved communities with EJ concerns. In formulating the proposal,
the EPA consulted a study conducted by Native Public Media that found
that the primary source for national and international news among
Native American tribes is the internet.\16\ Newspapers were listed as
only the third most commonly used source for news. The EPA also
consulted the final National Environmental Justice Advisory Council
(NEJAC), EJ in Permitting Subgroup Report.\17\ The report states that
``[n]otification of the public by publishing in the legal section of
regional newspapers is antiquated and ineffective. This method should
not be counted on to communicate, even if legally required.''
\18\[thinsp]The NEJAC specifically listed website postings as a method
to ensure meaningful public participation. Given, among other things,
the wide availability of the internet and based on the EJ in Permitting
Subgroup Report's results, the EPA concludes that notice via the
internet would be a viable and effective method of informing the public
of the NPDES actions listed in 40 CFR 124.10(a)(1). Mandating
publication of public notice in newspapers in all cases was appropriate
when 40 CFR 124.10(c)(2)(i) was promulgated in 1982, 12 years before
the internet became widely available for public and commercial use.
Now, however, websites, along with tailored methods to ensure they are
consulted, are often more appropriate avenues for widely disseminating
information to the public, and many states currently supplement the
required newspaper publication by posting NPDES actions on their
websites.
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    \15\ 81 FR 31359 (May 18, 2016).
    \16\ Morris, Traci L, and Sascha D. Meinrath. ``New Media,
Technology and internet Use in Indian Country'' Native Public Media,
available at http://www.atalm.org/sites/default/files/NPM-NAF_New_Media_Study_2009_small.pdf.
    \17\ See, ``Enhancing Environmental Justice in EPA Permitting
Program.'' National Environmental Justice Advisory Council. April
2011, available at https://www.epa.gov/sites/production/files/2015-02/documents/ej-in-permitting-report-2011.pdf.
    \18\ Id., p.20.
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    Further, the purpose of this revision is to provide permitting
authorities with flexibility in reaching their public in a way that is
most effective for their communities (e.g., newspaper publication,
internet notice, or a combination of these methods). Although neither
the CWA nor its implementing regulations specify the best or preferred
method for providing notice to the public, 40 CFR 25.3(c)(7)
specifically emphasizes that agencies should ``use all feasible means
to create opportunities for public participation, and to stimulate and
support participation.'' Additionally, 40 CFR 124.10(c)(4) states that
public notice of NPDES actions listed in 40 CFR 124.10(a)(1) shall be
given by ``[a]ny other method reasonably calculated to give actual
notice of the action in question to the persons potentially affected by
it, including press releases or any other forum or medium to elicit
public participation.'' Therefore, permitting authorities are required
to consider the appropriate method or methods to best inform and engage
with their public.
    Permitting authorities continue to have the option to publish
public notices in local daily and weekly newspaper publications. The
EPA's decision to allow an option for online public notice does not
alter the existing requirements of 40 CFR 124.10(c)(2)(i) if a
permitting authority chooses to continue the traditional method of
providing notice of an NPDES permit action in a newspaper publication.
To ensure all interested parties are aware of permitting authorities'
intended method(s) of public notification, the EPA expects permitting
authorities to make their public aware of whether public notices will
be made available online, both online and in local newspapers, or
solely in local newspaper publications. In addition, the EPA's decision
to allow an option for online public notice does not in any way affect
the requirements of 40 CFR 124.10(c)(1) which require that a copy of
the notice must be mailed directly to persons who have joined the
appropriate mailing list. 40 CFR 124.10(c)(1)(ix)(C) requires
notification of the public of the opportunity to be put on the mailing
list through periodic publication in the public press and in such
publications as regional and state funded newsletters, environmental
bulletins, or state law journals. In addition, permitting authorities
could clearly advertise on the website or in print the ability to sign
up for notifications of draft permits via paper mail or email to ensure
that all interested parties are aware of and receive effective
notification of permitting actions. Further, the EPA's revisions to the
public notice requirements for certain enumerated actions in 40 CFR
124.10 do not affect the notice requirements for ``issuance'' of final
permit decisions, and the EPA is in no way suggesting that internet
posting fulfills the separate final permit decision notice requirements
of 40 CFR 124.15.
    Public comments received on the proposed requirement to post permit
documentation (e.g., final permit, fact sheet, response to comments)
online for the term of the permit were mixed. Opposing comments
suggested that maintaining permit documentation online for the duration
of the permit term would further strain the limited resources of
permitting authorities, especially related to creating and maintaining
a website and increasing server storage for archived materials. Some
comments suggested that these related capital and operating costs would
exceed any cost savings from foregoing printing the public notice in
local newspaper publications. The EPA is aware of state and EPA
permitting

authorities that already post final permits and fact sheets on their
websites for the duration of the permit. The EPA supports and
encourages the continuation of this additional transparency; however,
based on the comments received from permitting authorities concerned
with the most effective use of their resources, the Agency is not
finalizing the requirement to maintain the permit documentation on the
website for the term of the permit. Instead, where the permitting
authority opts for online public notice of a draft permit, as defined
in 40 CFR 122.2,\19\ the draft permit and fact sheet must be posted on
the permitting authority's website for the duration of the public
comment period, when the public's need for timely access to permitting
documents is the greatest. This posting is in addition to meeting the
existing requirements in 40 CFR 124.10(d), which outline the required
contents of public notices for all NPDES actions described in 40 CFR
124.10(a)(1). This additional requirement for posting draft permits and
fact sheets will ensure that interested members of the public are not
only aware of the information contained in the public notice document,
but are able to view the contents of the draft permit and fact sheet
online, as well. Typically, permitting authorities provide copies of
final permits upon request.
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    \19\ Draft permit means a document prepared under 40 CFR 124.6
indicating the Director's tentative decision to issue or deny,
modify, revoke and reissue, terminate, or reissue a ``permit.'' A
notice of intent to terminate a permit, and a notice of intent to
deny a permit, as discussed in 40 CFR 124.5, are types of ``draft
permits.'' A denial of a request for modification, revocation and
reissuance, or termination, as discussed in 40 CFR 124.5, is not a
``draft permit.'' A ``proposed permit'' is not a ``draft permit.''
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    To be clear, online public notice is an option for all NPDES
actions described in 40 CFR 124.10(a)(1), which includes more than
draft permits. However, for the NPDES actions described in 40 CFR
124.10(a)(1) other than draft permits, there would not be a draft
permit or fact sheet to post on the permitting authority's publicly
available website for the duration of the public comment period.
Therefore, the EPA is specifying in the final rule that the requirement
to post the draft permit and fact sheet on the website for the duration
of the public comment period applies only for public notice of draft
permits as defined in 122.2. The EPA expects permitting authorities
using the option for online public notices to publish the information
in a prominent, clear, and easily accessible location on their public
website. The EPA notes that in meeting the requirement to make the
draft permit and fact sheet available for the duration of the public
comment period, the permitting authority's website must clearly include
a link to access these documents, while the actual document could be
hosted elsewhere, such as in a repository of permit documents.
    In the Proposed Rule, the EPA also requested comments on, but did
not propose specific regulatory text for, three additional topics
related to the public notice regulations: (1) Revising 40 CFR 124.10(c)
to require NPDES permitting authorities to public notice all NPDES
permits and hearings on the permitting authority's publicly available
website; (2) whether proposed revisions to public notice requirements
in 40 CFR 124.10(c) should be expanded to include NPDES non-major
individual and general permits; and (3) ways in which NPDES permits and
fact sheets could be posted electronically to make it easier for the
Agency's Enforcement and Compliance History Online (ECHO) information
system to link to the permit fact sheets. The comments received on
these three additional topics generally expressed confusion or
requested clarification about what the EPA intended. Based on these
comments, the EPA has decided not to make changes to the public notice
regulations to address these issues at this time.
    The EPA's decision to allow public notice of permitting actions for
NPDES major individual and general permits on the permitting
authority's publicly available website, in lieu of the newspaper
publication requirement, increases transparency and promotes
opportunities for public involvement. It also preserves states'
flexibility to notice in a way that best ensures their public will be
given a meaningful opportunity to participate in the NPDES permitting
process. While mandating public notice of permitting activities in
newspapers was appropriate when 40 CFR 124.10(c)(2)(i) was promulgated
in 1982, the EPA recognizes that websites, along with other tailored
means for ensuring the public consults the website, are often more
appropriate avenues for widely disseminating information to the public.

C. Revisions to Part 125

1. Deletion of 40 CFR 125.3(a)(1)(ii))
    The EPA is finalizing, as proposed, the deletion of 40 CFR
125.3(a)(1)(ii) to remove an outdated regulation that is no longer
applicable. The regulation was derived from statutory authority that
was repealed in 1981. The removal of this provision from the
regulations will avoid confusion regarding its applicability.

III. Rule Revisions Not Finalized in This Action

    The EPA is not finalizing the proposed changes to 40 CFR 122.3(a)
due to the recent enactment of the Vessel Incidental Discharge Act,
which exempts discharges incidental to the normal operations of a
vessel from NPDES permitting requirements consistent with the existing
regulatory language at 40 CFR 122.3(a).
    In addition, the EPA received numerous comments on proposed
revisions to the following eleven regulatory sections. The Agency
requires additional time to analyze these comments and deliberate on
appropriate next steps and thus is not taking final action on the
proposed revisions to these at this time. The EPA has not made any
final substantive decisions with respect to the proposed revisions to
these sections.
    At this time, the EPA is deferring final action on the proposed
revisions to:

1. Definition of Proposed Permit (40 CFR 122.2)
2. Definition of Whole Effluent Toxicity (WET) (40 CFR 122.2)
3. Application Requirements--Latitude and Longitude (40 CFR
122.21(f)(2); (g)(1); (h)(1); (i)(1)(iii); (j)(1)(i); (j)(3)(i)(C);
(j)(8)(ii)(A)(3); (k)(1); (q)(1)(i); (q)(8)(ii)(A); (q)(9)(iii)(B);
(q)(10)(iii)(B); (q)(11)(iii)(B); (q)(12)(i); (r)(3)(ii))
4. Reasonable Potential Determinations for New Discharges (40 CFR
122.44(d))
5. Dilution Allowances (40 CFR 122.44(d))
6. Antidegradation Reference (40 CFR 122.44(d))
7. Anti-backsliding (40 CFR 122.44(l))
8. Design Flows for POTWs (40 CFR 122.45(b))
9. Objection to Administratively Continued Permits (40 CFR 123.44)
10. CWA Section 401 Certification Process (40 CFR 124.55(b))
11. Fact Sheet Requirements (40 CFR 124.56)

IV. Impacts

    This final rule involves minor, mostly clarifying revisions to the
NPDES regulations. It is the EPA's view that many of these revisions
will generally not result in new or increased impacts or information
collection by authorized states or the regulated community. It is also
the EPA's view that in some cases, the revisions finalized in this
action, including deleting outdated information, modernizing public
notice options, and clarifying requirements,

will reduce burden. As the EPA modifies the NPDES application forms to
conform with the regulatory changes in this rule, it is also
modernizing the instructions and format of the application forms. As
discussed below, the changes to the instructions and format of the
application forms will also reduce burdens. A summary of the impacts
assessment is provided in this section for each topic.

Purpose and Scope of the NPDES Program (40 CFR 122.1)

    The revision to this note is being made to inform the public of
ways to contact the NPDES program and will not result in changes to the
existing program or program requirements. The note in the past
regulation contained an outdated address and telephone number for the
EPA's Office of Water. Providing updated information will save the
permitting authorities and the public time when they seek to contact
the EPA about these regulations.

NPDES Program Definitions: Pesticide Discharges to Waters of the United
States From Pesticide Application, Pesticide Residue, and New
Discharger (40 CFR 122.2)

    The final revisions to the NPDES program definitions at 40 CFR
122.2 for ``pesticide discharges to waters of the United States from
pesticide application,'' ``pesticide residue,'' and ``new discharger''
will not result in a change to the burden associated with this
information collection. These revisions are being made to improve
programmatic clarity and would not result in substantive changes to the
existing program or program requirements.
    Adding definitions for ``pesticide discharges to waters of the
United States from pesticide application'' and ``pesticide residue''
brings the NPDES definitions in concert with the way the EPA's
Pesticide General Permit has been interpreting and regulating such
applications since 2011. These definitions would not change burden and
would not change the universe of permittees and activities that the
Pesticide General Permit covers.
    The EPA is correcting a typographical error in paragraph (d) of the
definition ``New discharger'' by correcting ``NDPES'' to ``NPDES.''

Application Requirements (40 CFR 122.21)

    The final revisions to 40 CFR 122.21 related to application
requirements together with the modifications to the instructions and
format of the existing application forms would result in a reduction in
burden. In fact, the EPA estimates that the changes to various
application requirements will result in a total reduction to permittees
and permitting authorities of 17,912 hours and $1,023,042 in costs per
year. These savings estimates consist of both specific changes to the
information being collected on forms and general efforts to reformat
forms for increased clarity. For more details, please refer to section
12 of the ICR Supporting Statement in the docket of this rule (Docket
ID No. EPA-HQ-OW-2016-0145) and the docket associated with this rule's
ICR (Docket ID EPA-HQ-OW-2018-0629).

Changes to Information Previously Collected by the EPA

    The EPA is revising several data fields to refine the content and
improve the consistency among the forms, to improve the consistency
with the Agency's current data standards, and improve the clarity and
usability of the forms. For example, for every question where it is
applicable, the revised forms direct the applicant to ``stop'' or
``skip'' to the next appropriate question depending on the applicant's
response. As another example, the revisions to Form 2A create a
consistent format with the other forms by reformatting the previous
sections A, B, and C into six major sections with detailed
instructions. Further, instructions are provided for Form 2B for the
very first time.
    Revisions to the instructions and format of the application forms
will make them easier to use and understand and is expected to result
in a decrease in effort for permittees applying for coverage. The EPA
also expects that the revisions will improve the quality of information
being collected, which may reduce the need for follow-up questions and
data requests, and the time necessary for the permitting authority to
develop a permit. The EPA expects such efforts to reformat forms for
increased clarity to result in a reduction of 25,426 hours and
$1,534,937 in costs based on an estimated 20,663 responses or
applications per year.

New Information To Be Collected by the EPA

    The estimated burden associated with the new requirement for
permittees to report up to four NAICS codes on application Form 1 (40
CFR 122.21(f)(3) is expected to result in a burden increase of 1,224
hours and $73,893 in added costs based on an estimated 12,240 responses
or applications per year. The estimated burden associated with the new
requirement for permittees to provide an email address in Forms 1, 2A,
2B, and 2S (multiple locations in 40 CFR 122.21) is expected to result
in a burden increase of 11,526 hours and $695,839 in added costs based
on an estimated 20,663 responses or applications per year. This
increased burden is applicable to permittees only. Permitting
authorities (authorized states and the EPA) are expected to experience
reduced burden associated with more efficient communication. The
estimated burden associated with this new requirement for permitting
authorities is a reduction of 5,005 hours and savings of $247,235 per
year for state permitting authorities based on 20,019 responses per
year.
    The estimated burden associated with the change in reporting
requirements for permittees reporting the number of SIUs and NSCIUs (40
CFR 122.21(j)(6)(i)) is expected to result in a burden decrease of 77
hours and $3,804 for state permitting authorities based on an estimated
306 responses or applications per year. It is not estimated to result
in a change of burden for permittees.
    The estimated burden associated with the revision that requires the
applicant to indicate whether the facility uses cooling water and to
specify the source of the cooling water (40 CFR 122.21(f)(9)) is
expected to result in additional burden of 73 hours and $4,416 for
power plants and manufacturers that use cooling water, based on an
estimated 293 responses or applications per year. For permitting
authorities, the revision is expected to result in more efficient
permitting because the permitting authority can initiate data
submissions and reviews earlier in the permitting process. The EPA
estimates this will result in a burden decrease of 227 hours and
$11,214 for state permitting authorities based on 227 responses or
application per year.
    The revision that requests an applicant to indicate whether they
are seeking a technology variance (40 CFR 122.21(f)(10) and 122.21(j))
is estimated to have such a small impact due to the small number of
technology variance requests made per year that this impact is assumed
to be 0 hours and no change in burden. Similarly, the revision that
requires new POTW dischargers to provide data for specific analytes (40
CFR 122.21(j)(4)(i) and whole effluent toxicity (40 CFR
122.21(j)(5)(i)) within 24 months of commencement of discharge is
estimated to incur no additional burden or costs. Permitting
authorities typically require characterization data requirements for
new dischargers in the initial NPDES permit, and the only variation
made

pursuant to this rule is the timeframe (24 months) for collecting and
reporting the data.

Best Management Practices (BMPs) (40 CFR 122.44(k)(4))

    The revision to this note is being made to ensure the public is
aware of the most current BMP guidance because the note in the past
regulation contained outdated references to information sources that
are no longer available. This revision will not result in a change to
the burden associated with this information collection.

Public Notice Requirements (40 CFR 124.10(c))

    The EPA is finalizing 40 CFR 124.10(c)(2)(iv) to allow permitting
authorities to provide public notice of permitting actions for NPDES
major individual and general permits on the permitting authority's
publicly available website in lieu of the newspaper publication
requirement in 40 CFR 124.10(c)(2)(i). In addition, where the
permitting authority chooses to use online public notice for a draft
permit, the EPA is finalizing the requirement to post the draft permit
and fact sheet on the permitting authority's publicly available website
for the duration of the public comment period. However, the EPA is not
finalizing the proposed requirement for a permitting authority that
chooses the option to use website public notice to additionally post
all final permits, fact sheets, and response to comments on the website
for the entire term of the permit. The purpose of this revision is to
provide the permitting authority with an alternative method of
providing notice of permit applications and hearings and provide
flexibility to reach communities in a variety of methods. It is the
EPA's understanding that the traditional approach to newspaper
publication has become costly for permitting authorities to implement.
The EPA's final revisions intend to alleviate those costs by allowing
the permitting authority to use its publicly available website as an
alternative to the traditional newspaper publication.
    At the time of the proposed rulemaking, the EPA estimated the cost
of public notice of draft permits in newspapers for NPDES major
facilities, sewage sludge facilities and general permits to be
approximately $1.6 million per year, nationally.\20\ This estimate
excluded the costs of preparing the content of the NPDES public notice,
and the costs of the other methods to provide notice besides newspaper
publication, such as direct mailing. Based on information provided in
the public comments received on the proposed rulemaking, the cost to
post a public notice online was estimated to be $113 per notice;
whereas the cost to post a public notice in a newspaper was estimated
to be $1,416 per notice.\21\ The EPA estimates that issuance of public
notice via website in lieu of newspaper results in a burden reduction
of $1,303 per NPDES action (a total reduction of $1,419,673 per
year).\22\ The rule allows but does not require state and federal
permitting authorities to use electronic public notice instead of
newspaper publication. In developing burden estimates, the EPA assumed
that states and the EPA would continue to publish at least some
notifications in newspapers, and therefore the burden associated with
public notice would not be reduced in those instances.
---------------------------------------------------------------------------

    \20\ In the preamble to the proposed rulemaking, the EPA used
$1,000 (in 2010$) as the publication cost for a public notice in a
newspaper and assumed that there are 1,600 NPDES permit actions that
require public notice via newspaper publication each year; thus, we
arrive at the $1.6 million per year estimate. (81 FR 31366, May 18,
2016).
    \21\ See the EPA's ICR No. 0229.23, Animal Sector public notice
burden estimates, adjusted for inflation using https://www.bls.gov/data/inflation_calculator.htm.
    \22\ The EPA based these estimates on authorized states
providing public notice for 1,049 individual permits online per
year, and the EPA providing public notice for 41 general permits
online per year at a savings of $1,303 per notice. This is estimated
to result in savings of $-1,366,847 and $-52,826 for states and the
EPA, respectively.
---------------------------------------------------------------------------

Deletion of 40 CFR 125.3(a)(1)(ii)

    The deletion of 40 CFR 125.3 (a)(1)(ii) from the NPDES regulations
will not result in change to the burden associated with this
requirement. By deleting this outdated provision, the EPA clarifies
that this provision no longer applies to regulated entities.

V. Compliance Dates

    With this final action, authorized states, territories, and tribes
have up to one year to revise, as necessary, their NPDES regulations to
adopt the requirements of this rule, or two years if statutory changes
are needed, as provided at 40 CFR 123.62. At a minimum, the EPA
anticipates any permitting authority using state-developed NPDES
application forms would need to update their regulations and
application forms, as needed, in order to be in compliance with the
application requirements finalized in this rulemaking.
    The EPA recognizes that each authorized program has unique state
statutes and regulations, and that many of the revisions finalized in
this rule are clarifying in nature. As a result, the EPA anticipates
that in most instances, the program revisions that will be occurring to
conform to this rule will be nonsubstantial, as contemplated in 40 CFR
123.62. For those instances where the EPA determines that an authorized
program's conforming program revision is substantial, the process
outlined in 40 CFR 123.62(b)(2) will be followed. In addition,
authorized programs may have to update their NPDES program documents
(e.g., program description, Attorney General statement) to reflect
these revisions, whether they are substantial or nonsubstantial. See 40
CFR 123.62(b)(1).

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review. Any revisions
made in response to interagency review have been documented in the
docket for this action.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is considered an Executive Order 13771 deregulatory
action. Details on the estimated cost savings of this final rule can be
found in the rule's economic analysis.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this rule has been
submitted for approval to the Office of Management and Budget (OMB)
under the PRA. The Information Collection Request (ICR) document that
the EPA prepared has been assigned EPA ICR number 2575.01. It will be
assigned an OMB control number upon approval by OMB. You can find a
copy of the ICR submitted to OMB in the docket for this rule, and it is
briefly summarized here. The information collection requirements are
not enforceable--and EPA cannot collect any information set out in the
ICR--until OMB approves them. In additional, the EPA will post a copy
of the final ICR to the docket for this rule upon approval by OMB.
    CWA section 402 and the NPDES regulations require collection of
information primarily used by permitting authorities, permittees, and
the EPA to make NPDES permitting decisions. The burden and costs
associated with the entire NPDES

program are accounted in an approved ICR (EPA ICR number 0229.23, OMB
control no. 2040-0004). This final rule and the corresponding updated
application forms require revisions to the ICR to reflect changes to
the forms and other information collection requirements. EPA is
reflecting the paperwork burden and costs associated with this rule in
a separate ICR instead of revising the existing ICR for the entire
program for administrative reasons. Eventually, EPA plans to
consolidate the burden and costs in this ICR into that master ICR for
the entire NPDES program and discontinue this separate collection. EPA
expects the changes set out in this final rule along with changes to
the instructions and format of the NPDES permit applications to result
in an overall burden decrease to permitting authorities and the
regulated community of approximately $2,389,889 and 17,912 hours
annually.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB
approves this ICR, the Agency will announce that approval in the
Federal Register and publish a technical amendment to 40 CFR part 9 to
display the OMB control number for the approved information collection
activities contained in this final rule.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden, or otherwise has a positive economic effect on the small
entities subject to the rule. This rule eliminates inconsistencies
between regulations and application forms, streamlines and updates
application forms, provides clarification to existing regulations,
deletes outdated regulatory provisions, updates Agency contact
information, and provides for new programmatic flexibility in providing
public notice on NPDES permitting actions. We have therefore concluded
that this action would have no net regulatory burden for directly
regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This final rule
eliminates inconsistencies between regulations and application forms,
streamlines and updates application forms, provides clarification to
existing regulations, deletes outdated regulatory provisions, updates
Agency contact information, and provides for new programmatic
flexibility in providing public notice on NPDES permitting actions.
This final rule does not impose significant burden on the EPA, states,
or the regulated community, or specifically, any significant burden on
any small entity. With respect to any impacts on any authorized state
programs, the costs involved in this action are imposed only by
participation in a voluntary federal program. UMRA generally excludes
from the definition of ``federal intergovernmental mandate'' duties
that arise from participation in a voluntary federal program. Thus,
this final rule is not subject to the requirements of section 202 and
205 of the UMRA. For the same reason, the EPA has determined that this
rule contains no regulatory requirements that will significantly affect
small governments. Thus, this final rule is not subject to the
requirements of section 203 of UMRA.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It does not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This final rule does not have tribal implications, as specified in
Executive Order 13175. The EPA considered the impacts on tribes, and
concluded that there would be no substantial direct compliance costs or
impact on tribes. Because the purpose of the final rule is to eliminate
inconsistencies between regulations and application forms, streamline
and update application forms, provide clarification to existing
regulations, delete outdated regulatory provisions, update Agency
contact information, and provide for new programmatic flexibility in
providing public notice on NPDES permitting actions, it will not have
substantial direct effects on: Tribal governments; the relationship
between the federal government and Indian tribes; or the distribution
of power and responsibilities between the federal government and Indian
tribes, as specified in Executive Order 13175. Executive Order 13175
does not apply to this action and the EPA determined that tribal
consultation was not necessary for this action.

H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because these changes to procedural requirements
and forms do not address environmental health risk or safety risks.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is
does not have a significant adverse effect on the supply, distribution
or use of energy. This final rule eliminates inconsistencies between
regulations and application forms, provides clarifications to existing
regulations, deletes outdated provisions, and provides for new
programmatic flexibility in providing public notice on NPDES permitting
actions.

J. National Technology Transfer and Advancement Act

    This final rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations

    The EPA has determined that the human health or environmental risk
addressed by this action will not have potential disproportionately
high and adverse human health or environmental effects on minority,
low-income or indigenous populations. This final rule eliminates
inconsistencies between regulations and application forms, provides
clarifications to existing regulations, deletes outdated provisions,
and provides for new programmatic

flexibility in providing public notice on NPDES permitting actions.
    In addition, the EPA's final revision related to the option for
online public notice, in lieu of newspaper publication, of NPDES
actions considered potential effects on environmental justice
communities. The final rule includes a regulatory note reminding the
permitting authority to ensure that the method(s) of public notice used
effectively informs all interested communities and allows access to the
permitting process for those seeking to participate. This includes
potentially utilizing newspaper notices in areas that continue to be
best served by printed publications, such as in areas known or likely
to have limited broadband internet access, areas with underserved or
economically disadvantaged communities, areas with prolonged electrical
system outrages, and during large-scale disasters (e.g., hurricanes).

L. Congressional Review Act (CRA)

    This action is subject to the CRA and the EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
U.S. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 122

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous substances, Reporting and
recordkeeping requirements, Water pollution control.

40 CFR Part 124

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous waste, Indians--lands, Reporting and
recordkeeping requirements, Water pollution control, Water supply.

40 CFR Part 125

    Environmental protection, Reporting and recordkeeping requirements,
Waste treatment and disposal, Water pollution control.

    Dated: December 21, 2018.
Andrew R. Wheeler,
Acting Administrator, Environmental Protection Agency.

    For the reasons set out in the preamble, EPA amends Chapter I of
Title 40 of the Code of Federal Regulations as follows:

PART 122--EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM

0
1. The authority citation for part 122 continues to read as follows:

     Authority: The Clean Water Act, 33 U.S.C. 1251 et seq.

Subpart A--Definitions and General Program Requirements

0
2. Section 122.1 is amended by revising ``Note to Sec.  122.1'' to read
as follows:

Sec.  122.1  Purpose and scope.

* * * * *
    [Note to Sec.  122.1: Information concerning the NPDES program and
its regulations can be obtained by contacting the Water Permits
Division (4203), Office of Wastewater Management, U.S. EPA, 1200
Pennsylvania Avenue NW, Washington, DC 20460 and by visiting the
homepage at http://www.epa.gov/npdes/.]

0
3. Section 122.2 is amended by:
0
a. Revising paragraph (d) of the definition of ``new discharger''; and
0
b. Adding in alphabetical order definitions for ``pesticide discharges
to waters of the United States from pesticide application'' and
``pesticide residue''.
    The revision and additions read as follows:

Sec.  122.2  Definitions.

* * * * *
    New discharger * * *
    (d) Which has never received a finally effective NPDES permit for
discharges at that ``site.''
* * * * *
    Pesticide discharges to waters of the United States from pesticide
application means the discharges that result from the application of
biological pesticides, and the application of chemical pesticides that
leave a residue, from point sources to waters of the United States. In
the context of this definition of pesticide discharges to waters of the
United States from pesticide application, this does not include
agricultural storm water discharges and return flows from irrigated
agriculture, which are excluded by law (33 U.S.C. 1342(l); 33 U.S.C.
1362(14)).
    Pesticide residue for the purpose of determining whether an NPDES
permit is needed for discharges to waters of the United States from
pesticide application, means that portion of a pesticide application
that is discharged from a point source to waters of the United States
and no longer provides pesticidal benefits. It also includes any
degradates of the pesticide.
* * * * *

Subpart B--Permit Application and Special NPDES Program
Requirements

0
4. Section 122.21 is amended by:
0
a. Revising paragraphs (a)(2)(i) introductory text and (a)(2)(i)(A),
(c)(2)(ii)(B), (f) introductory text, and (f)(3) and (4);
0
b. Adding paragraphs (f)(9) and (10);
0
c. Revising paragraph (g) introductory text;
0
d. Adding paragraph (g)(7)(ix);
0
e. Revising paragraphs (j)(1)(ii) and (j)(1)(viii)(D)(2) and (3);
0
f. Adding paragraph (j)(1)(ix); and
0
g. Revising paragraphs (j)(4)(i), (j)(5)(i), (j)(6)(i), (j)(9), (k)
introductory text, (k)(5)(vi), (q)(2)(i), (q)(8)(vi) introductory text,
(q)(8)(vi)(A), (q)(9)(iii)(D) and (E), (q)(9)(iv)(A), (q)(10)(ii)(A),
(q)(10)(iii)(K)(1), (q)(11)(ii)(A), (q)(12)(i), and (q)(13).
    The revisions and additions read as follows:

Sec.  122.21  Application for a permit (applicable to State programs,
see Sec.  123.25).

    (a) * * *
    (2) * * *
    (i) All applicants for EPA-issued permits must submit applications
on EPA permit application forms. More than one application form may be
required from a facility depending on the number and types of
discharges or outfalls found there. Application forms may be obtained
by contacting: U.S. EPA, Mail Code 4203M, 1200 Pennsylvania Ave. NW,
Washington, DC 20460 or by visiting http://www.epa.gov/npdes.
Applications for EPA-issued permits must be submitted as follows:
    (A) All applicants, other than POTWs, TWTDS, vessels, and pesticide
applicators must submit Form 1.
* * * * *
    (c) * * *
    (2) * * *
    (ii) * * *
    (B) The applicant's name, address, telephone number, electronic
mail address and ownership status;
* * * * *
    (f) Information requirements. All applicants for NPDES permits,
other than POTWs and other TWTDS, vessels, and pesticide applicators,
must provide the information in paragraphs (f)(1) through (10) of this
section to the Director, using the application form provided by the
Director. Additional information required of applicants is set forth in
paragraphs (g) through (k) and (q) through (r) of this section.
* * * * *

    (3) Up to four SIC and up to four NAICS codes that best reflect the
principal products or services provided by the facility.
    (4) The operator's name, address, telephone number, electronic mail
address, ownership status, and status as Federal, State, private,
public, or other entity.
* * * * *
    (9) An indication of whether the facility uses cooling water and
the source of the cooling water.
    (10) An indication of whether the facility is requesting any of the
variances at 40 CFR 122.21(m), if known at the time of application.
    (g) Application requirements for existing manufacturing,
commercial, mining, and silvicultural dischargers. Existing
manufacturing, commercial, mining, and silvicultural dischargers
applying for NPDES permits, except for those facilities subject to the
requirements of Sec.  122.21(h), shall provide the following
information to the Director, using application forms provided by the
Director.
* * * * *
    (7) * * *
    (ix) Where quantitative data are required in paragraphs (g)(7)(i)
through (viii) of this section, existing data may be used, if
available, in lieu of sampling done solely for the purpose of the
application, provided that: All data requirements are met; sampling was
performed, collected, and analyzed no more than four and one-half years
prior to submission; all data are representative of the discharge; and
all available representative data are considered in the values
reported.
* * * * *
    (j) * * *
    (1) * * *
    (ii) Applicant information. Name, mailing address, telephone
number, and electronic mail address of the applicant, and indication as
to whether the applicant is the facility's owner, operator, or both;
* * * * *
    (viii) * * *
    (D) * * *
    (2) The name, mailing address, contact person, phone number, and
electronic mail address of the organization transporting the discharge,
if the transport is provided by a party other than the applicant;
    (3) The name, mailing address, contact person, phone number,
electronic mail address and NPDES permit number (if any) of the
receiving facility; and
* * * * *
    (ix) An indication of whether applicant is operating under or
requesting to operate under a variance as specified at 40 CFR
122.21(n), if known at the time of application.
* * * * *
    (4) * * *
    (i) As provided in paragraphs (j)(4)(ii) through (x) of this
section, all applicants must submit to the Director effluent monitoring
information for samples taken from each outfall through which effluent
is discharged to waters of the United States, except for CSOs. The
Director may allow applicants to submit sampling data for only one
outfall on a case-by-case basis, where the applicant has two or more
outfalls with substantially identical effluent. The Director may also
allow applicants to composite samples from one or more outfalls that
discharge into the same mixing zone. For POTWs applying prior to
commencement of discharge, data shall be submitted no later than 24
months after the commencement of discharge;
* * * * *
    (5) * * *
    (i) All applicants must provide an identification of any whole
effluent toxicity tests conducted during the four and one-half years
prior to the date of the application on any of the applicant's
discharges or on any receiving water near the discharge. For POTWs
applying prior to commencement of discharge, data shall be submitted no
later than 24 months after the commencement of discharge.
* * * * *
    (6) * * *
    (i) Number of significant industrial users (SIUs) and non-
significant categorical industrial users (NSCIUs), as defined at 40 CFR
403.3(v), including SIUs and NSCIUs that truck or haul waste,
discharging to the POTW; and
* * * * *
    (9) Contractors. All applicants must provide the name, mailing
address, telephone number, electronic mail address and responsibilities
of all contractors responsible for any operational or maintenance
aspects of the facility; and
* * * * *
    (k) Application requirements for new sources and new discharges.
New manufacturing, commercial, mining and silvicultural dischargers
applying for NPDES permits (except for new discharges of facilities
subject to the requirements of paragraph (h) of this section or new
discharges of storm water associated with industrial activity which are
subject to the requirements of Sec.  122.26(c)(1) and this section
(except as provided by Sec.  122.26(c)(1)(ii)) shall provide the
following information to the Director, using the application forms
provided by the Director:
* * * * *
    (5) * * *
    (vi) No later than 24 months after the commencement of discharge
from the proposed facility, the applicant is required to complete and
submit items V and VI of NPDES application Form 2C (see Sec.
122.21(g)). However, the applicant need not complete those portions of
Item V requiring tests which have already been performed and reported
under the discharge monitoring requirements of the NPDES permit.
* * * * *
    (q) * * *
    (2) * * *
    (i) The name, mailing address, telephone number, and electronic
mail address of the applicant; and
* * * * *
    (8) * * *
    (vi) If sewage sludge from the applicant's facility is provided to
another ``person who prepares,'' as defined at 40 CFR 503.9(r), and the
sewage sludge is not subject to paragraph (q)(8)(iv) of this section,
the applicant must provide the following information for each facility
receiving the sewage sludge:
    (A) The name, mailing address, and electronic mail address of the
receiving facility;
* * * * *
    (9) * * *
    (iii) * * *
    (D) The name, mailing address, telephone number, and electronic
mail address of the site owner, if different from the applicant;
    (E) The name, mailing address, telephone number, and electronic
mail address of the person who applies sewage sludge to the site, if
different from the applicant;
* * * * *
    (iv) * * *
    (A) Whether the applicant has contacted the permitting authority in
the State where the bulk sewage sludge subject to Sec.  503.13(b)(2)
will be applied, to ascertain whether bulk sewage sludge subject to
Sec.  503.13(b)(2) has been applied to the site on or since July 20,
1993, and if so, the name of the permitting authority and the name,
phone number, and electronic mail address if available, of a contact
person at the permitting authority;
* * * * *
    (10) * * *
    (ii) * * *
    (A) The site name or number, contact person, mailing address,
telephone

number, and electronic mail address for the surface disposal site; and
* * * * *
    (iii) * * *
    (K) * * *
    (1) The name, contact person, mailing address, and electronic mail
address of the facility; and
* * * * *
    (11) * * *
    (ii) * * *
    (A) The name and/or number, contact person, mailing address,
telephone number, and electronic mail address of the sewage sludge
incinerator; and
* * * * *
    (12) * * *
    (i) The name, contact person, mailing address, electronic mail
address, location, and all applicable permit numbers of the MSWLF;
* * * * *
    (13) Contractors. All applicants must provide the name, mailing
address, telephone number, electronic mail address and responsibilities
of all contractors responsible for any operational or maintenance
aspects of the facility related to sewage sludge generation, treatment,
use, or disposal;
* * * * *

Subpart C--Permit Conditions

0
5. Section 122.44 is amended by revising the ``Note to paragraph
(k)(4)'' read as follows:

Sec.  122.44  Establishing limitations, standards, and other permit
conditions (applicable to State NPDES programs, see Sec.  123.25).

* * * * *
    (k) * * *
    (4) * * *

    Note to Paragraph (k)(4): Additional technical information on
BMPs and the elements of BMPs is contained in the following
documents: Guidance Manual for Developing Best Management Practices
(BMPs), October 1993, EPA No. 833/B-93-004, NTIS No. PB 94-178324,
ERIC No. W498); Storm Water Management for Construction Activities:
Developing Pollution Prevention Plans and Best Management Practices,
September 1992, EPA No. 832/R-92-005, NTIS No. PB 92-235951, ERIC
No. N482); Storm Water Management for Construction Activities,
Developing Pollution Prevention Plans and Best Management Practices:
Summary Guidance, EPA No. 833/R-92-001, NTIS No. PB 93-223550; ERIC
No. W139; Storm Water Management for Industrial Activities,
Developing Pollution Prevention Plans and Best Management Practices,
September 1992; EPA 832/R-92-006, NTIS No. PB 92-235969, ERIC No.
N477; Storm Water Management for Industrial Activities, Developing
Pollution Prevention Plans and Best Management Practices: Summary
Guidance, EPA 833/R-92-002, NTIS No. PB 94-133782; ERIC No. W492.
These and other EPA guidance documents can be obtained through the
National Service Center for Environmental Publications (NSCEP) at
http://www.epa.gov/nscep. In addition, States may have BMP guidance
documents. These EPA guidance documents are listed here only for
informational purposes; they are not binding and EPA does not intend
that these guidance documents have any mandatory, regulatory effect
by virtue of their listing in this note.

* * * * *

PART 124--PROCEDURES FOR DECISIONMAKING

0
6. The authority citation for part 124 continues to read as follows:

    Authority: Resource Conservation and Recovery Act, 42 U.S.C. et
seq.; Safe Drinking Water Act, 42 U.S.C. 300f et seq.; Clean Water
Act, 33 U.S.C. 1251 et seq.; Clean Air Act, 42 U.S.C. 7401 et seq.

Subpart A--General Program Requirements

0
7. Section 124.10 is amended by revising (c) introductory text and
adding paragraph (c)(2)(iv) to read as follows:

Sec.  124.10  Public notice of permit actions and public comment
period.

* * * * *
    (c) Methods (applicable to State programs, see 40 CFR 123.25
(NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA)). Public notice
of activities described in paragraph (a)(1) of this section shall be
given by the following methods:
* * * * *
    (2) * * *
    (iv) For NPDES major permits and NPDES general permits, in lieu of
the requirement for publication of a notice in a daily or weekly
newspaper, as described in paragraph (c)(2)(i) of this section, the
Director may publish all notices of activities described in paragraph
(a)(1) of this section to the permitting authority's public website. If
the Director selects this option for a draft permit, as defined in
Sec.  122.2, in addition to meeting the requirements in paragraph (d)
of this section, the Director must post the draft permit and fact sheet
on the website for the duration of the public comment period.

    Note to paragraph (c)(2)(iv): The Director is encouraged to
ensure that the method(s) of public notice effectively informs all
interested communities and allows access to the permitting process
for those seeking to participate.

* * * * *

PART 125--CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM

0
8. The authority citation for part 125 continues to read as follows:

    Authority: The Clean Water Act, 33 U.S.C., 1251 et seq., unless
otherwise noted.

Subpart A--Criteria and Standards for Imposing Technology-Based
Treatment Requirements Under Sections 301(b) and 402 of the Act

Sec.  125.3  [Amended]

0
9. Section 125.3 is amended by removing and reserving paragraph
(a)(1)(ii).

[FR Doc. 2019-01339 Filed 2-11-19; 8:45 am]
BILLING CODE 6560-50-P