
[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Notices]
[Page 82891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26038]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2023-0551; FRL-8242.2-02-OW]


Implementing the Supreme Court's Maui Decision in the Clean Water 
Act Section 402 National Pollutant Discharge Elimination System Permit 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of draft guidance.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is issuing for 
public comment a draft guidance on applying the recent decision of the 
United States Supreme Court in County of Maui v. Hawaii Wildlife Fund, 
in the Clean Water Act Section 402 National Pollutant Discharge 
Elimination System (NPDES) permit program for point source discharges 
that travel through groundwater before reaching a water of the United 
States. This guidance will not have the force and effect of law and it 
will not bind the public in any way. By issuing this guidance, the EPA 
intends only to provide clarity to the public regarding existing 
requirements under the law or Agency policies.

DATES: Comments must be received on or before December 27, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2023-0551, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov 
(our preferred method). Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.regulations.gov.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Water Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460.
     Hand Delivery or Courier: EPA Docket Center, WJC West 
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. 
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m., 
Monday through Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: Marcus Zobrist, Office of Wastewater 
Management, Water Permits Division (MC4203M), Environmental Protection 
Agency. 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone 
number: (202) 564-8311; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Public Participation

    Submit your comments, identified by Docket ID No. EPA-HQ-OW-2023-
0551, at https://www.regulations.gov (our preferred method), or the 
other methods identified in the ADDRESSES section. Once submitted, 
comments cannot be edited or removed from the docket. The EPA may 
publish any comment received to its public docket. Do not submit to the 
EPA's docket at https://www.regulations.gov any information you 
consider to be Confidential Business Information (CBI), Proprietary 
Business Information (PBI), or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the 
full EPA public comment policy; information about CBI, PBI, or 
multimedia submissions; and general guidance on making effective 
comments.

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

    You may access this document electronically at https://www.epa.gov/npdes/releases-point-source-groundwater or at https://www.federalregister.gov. The EPA established an official public docket 
under Docket ID No. EPA-HQ-OW-2023-0551 which is accessible 
electronically at http://www.regulations.gov that will also contain 
copies of this Federal Register document. The public docket does not 
include CBI or other information whose disclosure is restricted by 
statute. The telephone number for the Water Docket is (202) 566-2426.

Radhika Fox,
Assistant Administrator.
[FR Doc. 2023-26038 Filed 11-24-23; 8:45 am]
BILLING CODE 6560-50-P


