[Federal Register Volume 68, Number 204 (Wednesday, October 22, 2003)]
[Notices]
[Pages 60418-60420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26620]


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INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, 
UNITED STATES SECTION


Notice of Intent To Prepare a Supplemental Environmental Impact 
Statement for Clean Water Act Compliance of the South Bay International 
Wastewater Treatment Plant, San Diego County, CA

AGENCY: United States Section, International Boundary and Water 
Commission.

ACTION: Notice of intent to prepare a draft Supplemental Environmental 
Impact Statement (SEIS).

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SUMMARY: This notice advises the public that pursuant to Section 102(2) 
(c) of the National Environmental Policy Act of 1969, as amended, the 
United States Section, International Boundary and Water Commission 
(USIBWC) proposes to analyze and evaluate the impacts of alternatives 
for the South Bay International Wastewater Treatment Plant to achieve 
compliance with the Clean Water Act. The Draft SEIS will evaluate 
alternatives for treatment of sewage flows from Tijuana, Mexico that 
cross into the United States along the U.S/Mexican border in San Diego. 
This notice is being provided as required by the Council on 
Environmental Quality Regulations (40 CFR 1501.7) and the USIBWC's 
Operational Procedures for Implementing Section 102 of the National 
Environmental Policy Act of 1969, published in the Federal Register 
September 2, 1981 (46 FR 44083-44094) to obtain suggestions and 
information from other agencies and the public on the scope of issues 
to be addressed in the Draft SEIS. A public scoping meeting will be 
held to obtain community input to ensure that all concerns are 
identified and addressed in the Draft SEIS.

DATES: The USIBWC will conduct a public scoping meeting from 6 to 8 
p.m. PST on Wednesday, November 12, 2003 at the San Ysidro Middle 
School, 4345 Otay Mesa Road, San Diego, CA. Full public participation 
by interested federal, State, and local agencies as well as other 
interested organizations and the general public is encouraged during 
the scoping process that will end 60 days from the date of this notice. 
Public

[[Page 60419]]

comments on the scope of the Draft SEIS, reasonable alternatives that 
should be considered, anticipated environmental problems, and actions 
that might be taken to address them are requested.

FOR FURTHER INFORMATION CONTACT: Comments will be accepted for 60 days 
following the date of this notice by Mr. Charles Fischer, Environmental 
Protection Specialist, USIBWC, 2225 Dairy Mart Road, San Diego, 
California, 92173. Telephone: 619/662-7600, Facsimile: 619/662-7607. E-
mail: [email protected]

SUPPLEMENTARY INFORMATION: The USIBWC has invited the USEPA to 
participate as a cooperating agency pursuant to 40 CFR 1501.6, to the 
extent possible. Other agencies may be invited to become cooperators as 
they are identified during the scoping process.

Background

    Since the 1930s, raw sewage flowing into the United States from 
Mexico has posed a serious threat to public health and the environment 
in the South Bay communities of San Diego. Although substantial 
improvements have been implemented over the last two decades, large 
volumes of untreated wastewater still flow into the Tijuana River 
Valley today during the rainy season.
    In July 1990, the USIBWC and Mexico signed Treaty Minute 283, which 
outlined a plan for the treatment of renegade sewage flows emanating 
from Tijuana, Mexico and crossing into the United States along the U.S/
Mexican border in San Diego. In the Minute, the two countries agreed to 
construct an international secondary wastewater treatment plant (IWTP) 
on the U.S. side of the border that would treat 25 million gallons per 
day (mgd) of dry-weather sewage flows.
    In a 1994 Final Environmental Impact Statement (FEIS) and Record of 
Decision (ROD), the USIBWC and the EPA, acting as lead agencies, 
decided to approve the construction of the South Bay International 
Wastewater Treatment Plant (SBIWTP) and South Bay Ocean Outfall (SBOO). 
The SBIWTP is located on a 75-acre site just west of San Ysidro, CA 
near the intersection of Dairy Mart and Monument Roads. Treated 
effluent is discharged to the Pacific Ocean through the SBOO, a 4.5-
mile long 11-foot diameter pipe completed in January 1999.
    Pursuant to the completion of an interim operations supplemental 
environmental impact statement (SEIS), the EPA and the USIBWC decided 
to construct the SBIWTP in phases: by first building advanced primary 
facilities followed later by secondary treatment facilities. The intent 
of this phased construction was to expedite treatment of up to 25 mgd 
of untreated sewage from Tijuana, which would otherwise have continued 
to pollute the Tijuana River and Estuary, and coastal waters in the 
United States.
    Treatment at the SBIWTP was initiated in April 1997 as an advanced 
primary plant with discharge initially through an emergency connection 
to the City of San Diego Point Loma treatment facility. In January 
1999, the SBIWTP began discharging through the completed SBOO.
    After the release of the May 1994 Final EIS and ROD and the 
decision to construct the SBIWTP in two stages, significant additional 
information became available and new circumstances occurred which 
warranted a reconsideration of the best means of achieving the 
completion of secondary treatment facilities at the SBIWTP. Also as a 
settlement to a lawsuit which challenged the 1994 FEIS, the USIBWC and 
EPA decided to prepare a SEIS that examined this new information, and 
the lawsuit was settled.
    In January 1998, the USIBWC and the EPA issued the Draft Long Term 
Treatment Options SEIS (Draft SEIS), to re-evaluate secondary treatment 
options for the SBIWTP. In addition, in October 1998, the agencies also 
issued a supplement to the 1996 Interim Operation SEIS that addressed 
impacts of the advanced primary treatment. This supplement disclosed 
new information about the presence of dioxins and acute toxicity in the 
advanced primary discharge. This new information was incorporated into 
the Final Long Term Treatment Options Supplemental Environmental Impact 
Statement (Final SEIS) released in March 1999.
    In the 1999 ROD for the Long Term Treatment Options SEIS, the EPA 
and the USIBWC selected the Completely Mixed Aerated (CMA) Pond System 
at the Hofer Site as the long-term option to provide secondary 
treatment of 25 mgd of wastewater at the SBIWTP. However, the 
construction of these secondary treatment facilities was not funded by 
Congress and the plant has continued to provide advanced primary 
treatment.
    In February 2001, California's Office of the Attorney General, on 
behalf of the California Regional Water Quality Control Board, San 
Diego Region (Regional Board), filed a complaint in U.S. District 
Court, Southern District of California, alleging violations of the 
federal Clean Water Act and the California Porter-Cologne Water Quality 
Control Act. Specifically, the complaint alleged USIBWC's discharge 
violated the terms of its National Pollutant Discharge Elimination 
System (NPDES) permit issued by the Regional Board for failing to treat 
the effluent to secondary standards and for violating other effluent 
limitations. The matter is now scheduled for trial.
    The USIBWC has decided to prepare a Supplemental Environmental 
Impact Statement to address options/actions to cease violations of the 
NPDES permit limits either by providing secondary treatment in Mexico 
pursuant to Pub. L. 106-457; or by some other means, including but not 
limited to redirecting some or all of the IWTP effluent from 
California's waters and/or instituting some combination of these 
options.
    Coordination with the U.S. Environmental Protection Agency, 
California Regional Water Control Board and other government agencies, 
as required, will take place to ensure compliance with applicable 
federal and state laws and regulations.
    The environmental review of this project will be conducted in 
accordance with the requirements of NEPA, CEQ Regulations (40 CFR parts 
1500-1508), other appropriate federal regulations and the USIBWC 
procedures for compliance with those regulations. Copies of the Draft 
SEIS will be transmitted to federal and state agencies and other 
interested parties for comments and will be filed with the 
Environmental Protection Agency in accordance with 40 CFR parts 1500 
through 1508 and USIBWC procedures.

Alternatives

    The Draft SEIS to be prepared will consider a range of 
alternatives, including the no action alternative, based on issues and 
concerns associated with the project. The Draft SEIS will identify, 
describe, and evaluate the existing environmental, cultural, 
sociological and economical, and recreational resources; and evaluate 
the impacts associated with the alternatives under consideration. 
Significant issues that have been identified to be addressed in the 
Draft SEIS include, but are not limited to, impacts to water resources, 
water quality, cultural and biological resources, and human health 
effects.
    The Draft SEIS will evaluate eight alternatives, as described 
herein:

1. No Action

    Operation of IWTP as an advanced primary facility would continue 
with discharge to the SBOO until secondary treatment facilities are 
constructed.

[[Page 60420]]

2. Pub. L. 106-457--Secondary Treatment Facility in Mexico

    Operation of IWTP as an advanced primary facility would continue 
with 25 mgd of primary treated effluent sent to a Secondary Treatment 
Facility to be constructed in Mexico. Treated effluent would be 
discharged through the SBOO. Facilities in the U.S. would include: a 
pump station located on the SBIWTP site; a force main extending from 
the pump station across the international border to the site of the 
Secondary Treatment Facility in Mexico; and, a return flow pipeline 
from the treatment facility to connect with the SBOO.

3. Operate the IWTP with Treated Flows Returned to Mexico for Discharge 
to Pacific Ocean at Punta Bandera

    Operation of IWTP as an advanced primary facility would continue 
with conveyance of the treated effluent to Mexico via primary effluent 
return connection (PERC) conveyance/pumping facilities at the SBIWTP 
and existing conveyance/pumping facilities in Tijuana. If effluent does 
not enter the San Antonio de los Buenos WWTP, it would be discharged to 
the surf at a point approximately 5 miles south of the U.S. border at 
Punta Bandera.

4. Operate the IWTP With Treated Flows Returned to Mexico for Discharge 
to Pacific Ocean South of Punta Bandera

    ITWP would continue to be used for advanced primary treatment with 
discharge of treated effluent to the Pacific Ocean at a point 
approximately one mile south of Punta Bandera (approximately 6 miles 
south of U.S. border).

5. Operate IWTP With City of San Diego Connection

    Operation of IWTP as an advanced primary facility would continue 
but with a total of 15 mgd of advanced primary treated effluent sent to 
the City of San Diego's Southbay Water Reclamation Plant (SBWRP) for 
secondary treatment via a new connection with discharge of treated 
effluent through SBOO. The IWTP would send 10 mgd of screened effluent 
to the City's Point Loma Wastewater Treatment Plant for secondary 
treatment via the City's South Metro Interceptor.

6. Operate the IWTP With Treated Flows To send to Mexico and SBWRP

    This alternative would be the same as Alternative 5 but instead of 
sending 10 mgd of screened effluent to Point Loma WWTP, 10 mgd of 
primary treated effluent would be returned to Mexico for discharge to 
the Pacific Ocean at Punta Bandera.

7. Completely Mixed Aeration (CMA) Ponds (i.e., Secondary Treatment) at 
the IWTP

    As evaluated in the 1999 FEIS and ROD, a CMA pond system would be 
constructed at the IWTP to provide secondary treatment.

8. IWTP Closure/Shutdown

    The IWTP would be closed as a result of lawsuit resulting from 
SBIWTP's noncompliance with Clean Water Act. Mexico's current pumping, 
conveyance, and treatment facilities would be used to handle projected 
sewage flows.

Availability of the Draft SEIS

    The USIBWC anticipates the Draft SEIS will be made available to the 
public by August 2004.

    Dated: October 14, 2003.
Mario Lewis,
Legal Advisor.
[FR Doc. 03-26620 Filed 10-21-03; 8:45 am]
BILLING CODE 7010-01-P