[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78431-78432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30519]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9921-07-Region 6]


Draft National Pollutant Discharge Elimination System (NPDES) 
General Permit for Discharges From Horse, Cattle and Dairy Concentrated 
Animal Feeding Operations (CAFOs) in New Mexico (Except Indian Country)

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed permit reissuance.

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SUMMARY: Environmental Protection Agency (EPA) Region 6 Water Quality 
Protection Division is today proposing for public comment the 
reissuance of a National Pollutant Discharge Elimination System general 
permit (NMG010000) for discharges from eligible owners/operators of 
existing concentrated animal feeding operations (CAFOs), in New Mexico, 
except those discharges on Indian Country. CAFOs discharging on Indian 
Country would be required to apply for an individual permit.
    This permit was originally issued with an effective date of 
September 3, 2009, and an expiration date of September 2, 2014. 
Conditions from the 2009 permit are continued with the following 
changes proposed as part of this reissuance: (1) Removing eligibility 
for coverage for ``New sources'' under the proposed permit, (2) adding 
on-site rainfall measurement and record keeping, and (3) adding 
requirement for paperless submittal of application documents (NOIs and 
NMPs).

DATES: Comments must be submitted in writing to EPA on or before March 
2, 2015.

ADDRESSES: Comments should be submitted to Ms. Evelyn Rosborough via 
email: [email protected], or may be mailed to Ms. Evelyn 
Rosborough, Environmental Protection Agency, Water Quality Protection 
Division (6WQ-NP), 1445 Ross Ave., Suite 1200, Dallas, TX 75202.

DATES: Public Meeting: An informal public meeting is scheduled. The 
meeting will include a presentation on the proposed permit followed by 
the opportunity for questions and answers. Written, but not oral, 
comments for the administrative record will be accepted at the public 
meeting.
    Date: February 10, 2015.
    Time: 2 p.m. to 4 p.m.
    Place: Eastern New Mexico State University--Roswell, Occupational 
Technology Center, Seminar Room 124, 20 West Mathis, Roswell, New 
Mexico 88202-6000.
    Public Hearings: No public hearing is scheduled at this time; 
however, interested persons may request a public hearing pursuant to 40 
CFR 124.12 concerning the proposed permit. Requests for a public 
hearing must be sent or delivered in writing to the same address as 
provided above for public comments prior to the close of the comment 
period. Requests for a public hearing must state the nature of the 
issues proposed to be raised in the hearing. Pursuant to 40 CFR 124.12, 
EPA shall hold a public hearing if it finds, on the basis of requests, 
a significant degree of public interest in a public hearing on the 
proposed permit.

[[Page 78432]]

If EPA decides to hold a public hearing, a public notice of the date, 
time and place of the hearing will be made at least 30 days prior to 
the hearing. Any person may provide written or oral statements and data 
pertaining to the proposed permit at the public hearing.

SUPPLEMENTARY INFORMATION: A copy of the proposed permit, fact sheet, 
and this Federal Register Notice may be found on the EPA Region 6 Web 
site: http://www.epa.gov/region6/water/npdes/cafo/index.htm, or 
obtained by contacting Ms. Rosborough via email at 
[email protected] or 214-665-2145. The Agency's current 
administrative record on the proposal is available for examination at 
the Region's Dallas offices during normal working hours by providing 
Ms. Rosborough 24 hours advance notice. When the final general permit 
is issued, notice will be published in the Federal Register. The final 
general permit will be effective on the date specified in the Federal 
Register and expires five years from that date.

Other Legal Requirements

    A. State Certification. Under section 401(a)(1) of the CWA, EPA may 
not issue an NPDES permit until the State in which the discharge will 
occur grants or waives certification to ensure compliance with 
appropriate requirements of the CWA and State law. EPA will seek 
certification from the New Mexico Environment Department prior to 
issuing a final permit.
    B. Endangered Species. Endangered Species Act Section 7(a)(2) 
consultation between EPA and the U.S. Fish and Wildlife Service 
concluded in May 29, 2009, with USFWS concurring with EPA's biological 
evaluation that reissuance of the 2009 New Mexico CAFO general permit 
``might affect but would be unlikely to adversely affect'' several 
aquatic and aquatic dependent species federally listed in the state. 
This draft permit continues those conditions of eligibility for 
applicants in Bernalillo, Chavez, Eddy, Sandoval, San Juan and Valencia 
Counties that were developed in consultation and made part of the 2009 
general permit. EPA has reviewed listings since 2009 of new species and 
critical habitat and has determined that reissuance of the permit with 
the prior agreed conditions is not likely to adversely affect any 
listed threatened or endangered species or designated critical habitat. 
EPA will meet its responsibility to fulfill the section 7 of the ESA 
requirements prior to reissuance of this general permit.
    C. Historic Preservation. EPA determined, under Section 106 of the 
National Historic Preservation Act of 1966 (NHPA), that issuance of the 
2009 general permit was a federal undertaking without adverse effects. 
EPA finds no changes to this determination and will ensure that its 
NHPA Section 16 obligation is fulfilled regarding reissuance of the 
general permit.
    E. Regulatory Flexibility Act. The Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., requires that EPA prepare a regulatory flexibility 
analysis for regulations that have a significant impact on a 
substantial number of small entities. The permit reissuance proposed 
today is not a ``rule'' subject to the Regulatory Flexibility Act. EPA 
prepared a regulatory flexibility analysis on the promulgation of the 
2003 NPDES Permit Regulation and Effluent Limitation Guidelines and 
Standards for concentrated animal feeding operations (CAFOs) on which 
many of the permit's effluent limitations are based. In 2013, EPA 
completed review of the Guidelines and Standards pursuant to section 
610 of the Regulatory Flexibility Act (RFA) and concluded that (1) 
there is a continued need for the CAFO regulations, and (2) revisions 
to minimize the regulations' impacts on small entities are not 
warranted at this time.

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

    Dated: December 18, 2014.
William K. Honker,
Director, Water Quality Protection Division, EPA Region 6.
[FR Doc. 2014-30519 Filed 12-29-14; 8:45 am]
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