FR 2021-00834

Overview

Title

Draft National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges From the Application of Pesticides; Reissuance

Agencies

ELI5 AI

The EPA wants to hear what people think about a new plan for how pesticides sprayed in water should be managed, replacing an older plan from 2016. They hope to make the final decision by the end of October, and people can share their thoughts online until March 16, 2021.

Summary AI

The Environmental Protection Agency (EPA) is inviting public comments on a proposed draft permit, the 2021 National Pollutant Discharge Elimination System (NPDES) pesticide general permit. This permit authorizes point source discharges from pesticide applications to U.S. waters, replacing the 2016 permit. The draft retains the same requirements and conditions as the 2016 version, with minor updates. Public comments must be submitted by March 16, 2021, through the federal eRulemaking portal, and the final version is expected to be issued by October 31, 2021.

Abstract

All ten Environmental Protection Agency (EPA) Regions are proposing for public comment the draft 2021 National Pollutant Discharge Elimination System (NPDES) pesticide general permit (PGP)-- the draft 2021 PGP. The draft 2021 PGP covers point source discharges from the application of pesticides to waters of the United States. Once finalized, the draft 2021 PGP will replace the existing permit, the 2016 PGP, which was issued for a five-year term in the Federal Register on October 31, 2016, and expires October 31, 2021, at midnight. The draft 2021 PGP has the same conditions and requirements as the 2016 PGP and would authorize certain point source discharges from the application of pesticides to waters of the United States in accordance with the terms and conditions described therein. EPA proposes to issue this permit for five (5) years in all areas of the country where EPA is the NPDES permitting authority. EPA solicits public comment on all aspects of the draft 2021 PGP. This Federal Register document describes the draft 2021 PGP in general and seeks comment as described in Section III.C, of this document. The Fact Sheet accompanying the permit contains supporting documentation. EPA encourages the public to read the Fact Sheet to understand the draft 2021 PGP better.

Type: Notice
Citation: 86 FR 4070
Document #: 2021-00834
Date:
Volume: 86
Pages: 4070-4074

AnalysisAI

Summary of the Draft 2021 Pesticide General Permit

The Environmental Protection Agency (EPA) has released a draft document for public comment concerning the 2021 National Pollutant Discharge Elimination System (NPDES) pesticide general permit. This proposed permit outlines conditions for point source discharges—from the application of pesticides to waters—in the United States. It aims to replace the 2016 permit with the same fundamental conditions but includes some minor updates. The public is invited to contribute their views via the federal eRulemaking portal by March 16, 2021. The finalized version of this permit is expected to be in place by October 31, 2021.

Significant Issues and Concerns

The document raises several issues worth considering:

  1. Financial Transparency: One notable gap is the lack of specific financial implications or costs related to implementing the 2021 permit. This absence makes it challenging to assess whether resources could be spent more efficiently or whether any financial burdens might ensue for specific entities.

  2. Clarity and Accessibility: The language of the document is highly technical, potentially alienating the general public, especially those without a background in environmental policy. This technical jargon might limit effective public engagement and comprehension.

  3. Transparency and Benefits: There is a noticeable lack of detail about which organizations or individuals might profit from this draft permit. Such ambiguities may lead to questions about transparency and fairness in who the permit may favor or disadvantage.

  4. Comparative Context: Heavy reliance on previous permits (2011 and 2016) for reference, without providing an exhaustive comparison of changes, could add to potential misunderstandings or oversights among stakeholders reviewing the new draft.

  5. Public Participation Instructions: Details on how the public can participate, provide feedback, or request hearings are scattered across the document, potentially leading to confusion or oversight by those wishing to engage with the process.

Impact on the Public and Stakeholders

For the general public, the 2021 permit could help ensure pesticide application does not excessively harm water quality, thus safeguarding community health and ecosystems. However, the complexity of the document might deter broader public input, which is crucial for democratic decision-making in environmental policies.

Among specific stakeholders, agricultural entities, local governments, and environmental groups might be most directly impacted:

  • Agricultural and Pest Control Enterprises could experience minimal changes due to the similarity of the new permit to the 2016 version. However, the cost implications remain uncertain due to the lack of detailed financial assessment.

  • Local and Tribal Governments that manage pest control might find the permit beneficial if it leads to clearer regulatory guidance, but they may also face challenges if compliance costs become significant without adequate federal support.

  • Environmental Organizations might view this permit as a necessary measure for maintaining water quality, although they might advocate for more stringent regulations or transparency.

In summary, while the draft 2021 PGP serves as a continuation of existing regulations with slight modifications, its lack of clarity in certain areas suggests a need for enhanced communication and detailed cost analysis to optimize public engagement and policy effectiveness.

Issues

  • • The document does not specify the exact financial implications or costs associated with implementing the 2021 PGP, making it difficult to assess potential wasteful spending.

  • • There is a lack of specificity regarding any particular organizations or individuals that might benefit from the draft 2021 PGP, which could raise concerns about transparency.

  • • Much of the language is technical and might be difficult for the general public to understand without a background in environmental policy or law, potentially limiting public engagement.

  • • The document heavily relies on references to previous permits (2011 PGP, 2016 PGP) without providing a detailed comparison of changes, which could create confusion.

  • • Instructions for public participation (comment submission, request for hearings) are dispersed and may not be sufficiently clear to ensure everyone understands how to effectively participate.

Statistics

Size

Pages: 5
Words: 4,434
Sentences: 176
Entities: 479

Language

Nouns: 1,530
Verbs: 338
Adjectives: 199
Adverbs: 44
Numbers: 262

Complexity

Average Token Length:
4.79
Average Sentence Length:
25.19
Token Entropy:
5.76
Readability (ARI):
17.29

Reading Time

about 15 minutes