[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Notices]
[Pages 45531-45532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18720]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9931-44-Region 6]


Draft National Pollutant Discharge Elimination System (NPDES) 
General Permit for Small Municipal Separate Storm Sewer Systems in New 
Mexico (NMR040000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed permit reissuance and notice of public 
meetings.

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SUMMARY: The Environmental Protection Agency (EPA) Region 6 Water 
Quality Protection Division, today is proposing for public comment the 
reissuance of a National Pollutant Discharge Elimination System (NPDES) 
general permit for storm water discharges from small municipal separate 
storm sewer systems (MS4s) located within the State of New Mexico 
except MS4s located in Indian lands, Los Alamos County, the Middle Rio 
Grande Sub-Watersheds described in Appendix A of the NPDES permit No 
NMR04A000, or within the area of another MS4 permit. This proposed 
permit offers discharge authorization to regulated small MS4s within 
the boundaries of the Bureau of the Census-designated 2000 and 2010 
Farmington, Santa Fe, Los Lunas, Las Cruces and El Paso Urbanized Areas 
and any other small MS4s in the State of New Mexico designated by the 
Director as needing a MS4 permit, other than those primarily located in 
Los Alamos. This permit is intended to replace the expired general 
permit NMR040000. The Director is also providing notice of public 
meetings to be held regarding today's proposed general permit 
reissuance.
    The Region is also providing notice that general permits NMR04000I 
and OKR04000I (MS4s on Indian Country lands in New Mexico and Oklahoma, 
respectively) are not being reissued and are considered terminated by 
expiration.

DATES: Comments must be submitted in writing to EPA on or before 
October 28, 2015.
    Proposed Documents: The proposed general permit and fact sheet 
which sets forth principal facts and the significant factual, legal, 
and policy questions considered in the development of the proposed 
general permit, may be obtained via the Internet at http://epa.gov/region6/water/npdes/sw/sms4/index.htm. To obtain hard copies of these 
documents or any other information in the administrative record, please 
contact Ms. Evelyn Rosborough using the contact information provided 
below.

How do I comment on this proposal?

    Comment Submittals: Submit your comments, by one of the following 
methods:
     Email: [email protected].
     Mail: Ms. Evelyn Rosborough, U.S. Environmental Protection 
Agency, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    Administrative Record: The proposed general permit and other 
related documents in the administrative record are on file and may be 
inspected any time between 8:00 a.m. and 4:30 p.m., Monday through 
Friday, excluding legal holidays, at the addresses listed for 
submission of comments. It is recommended that you write or call to the 
contact above for an appointment, so the record(s) will be available at 
your convenience.
    Public Meetings and Public Hearing: EPA will be holding five 
informal public meetings in the Santa Fe, Farmington, Los Lunas, Las 
Cruces and El Paso urbanized areas. The public meetings will include a 
presentation on the proposed general permit and a question and answer 
session. Written, but not oral, comments for the official permit record 
will be accepted at the public meetings. Public notice of these 
meetings will be provided in The Sun News, Albuquerque Journal, The 
Santa Fe New Mexican, and The Farmington Daily Times.

El Paso Urbanized Area Meeting

    Date and Time: Monday September 14, 2015 from 1:00 p.m.-2:30 p.m. 
MST.
    Location: New Mexico State University, Dona Ana Community College-
Sunland Park Campus, Room 102--Auditorium, 3365 McNutt Rd., Sunland 
Park, NM 88063.

Las Cruces Urbanized Area Meeting

    Date and Time: Monday September 14, 2015 from 6:00 p.m.-7:30 p.m. 
MST
    Location: New Mexico State University, Dona Ana Community College-
East Mesa Campus, Student Resource Building, 2800 N. Sonoma Ranch 
Blvd., Las Cruces, NM 88003.

Los Lunas Urbanized Area Meeting

    Date and Time: Tuesday September 15, 2015 from 6:00 p.m.-7:30 p.m. 
MST
    Location: Holiday Inn Express Belen, 2110 Camino del Llano, Belen, 
NM 87002.

Farmington Urbanized Area Meeting

    Date and Time: Wednesday September 16, 2015 at 6:00 p.m.-7:30 p.m. 
MST
    Location: Courtyard by Marriott Farmington, 560 Scott Ave., 
Farmington, NM 87401.

Santa Fe Urbanized Area Meeting

    Date and Time: Thursday September 17, 2015 from 6:00 p.m.-7:30 p.m. 
MST.
    Location: The Lodge at Santa Fe, 750 N. St. Francis Dr., Santa Fe, 
NM 87501.

FOR FURTHER INFORMATION CONTACT: Ms. Evelyn Rosborough, U.S. 
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733. Telephone: (214) 655-7515. Email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

A. General Information

    This permit authorizes stormwater discharges to waters of the 
United States from small MS4s within the State of New Mexico except 
MS4s located in Indian lands, Los Alamos County, the Middle Rio Grande 
Sub-Watersheds described in Appendix A of the NPDES permit No 
NMR04A000, or within the

[[Page 45532]]

area of another MS4 permit provided the MS4 is located fully or 
partially within an urbanized area as determined by the 2000 and 2010 
Decennial Census; is designated as a regulated MS4 pursuant to 40 CFR 
122.32; or this permit may also authorize an operator of a MS4 covered 
by this permit for discharges from areas of a regulated small MS4 
located outside an Urbanized Areas or areas designated by the Director 
provided the permittee complies with all permit conditions in all areas 
covered under the permit. Maps of 2010 Census urbanized areas are 
available online at: http://water.epa.gov/polwaste/npdes/stormwater/Urbanized-Area-Maps-for-NPDES-MS4-Phase-II-Stormwater-Permits.cfm.
    At the time the general permit NMR040000 was issued, permit 
coverage was actually provided by three legally separate and distinctly 
numbered permits (NMR040000, NMR04000I, OKR04000I). NMR04000I was 
issued for MS4s on Indian Country in New Mexico, general permit 
OKR04000I was issued for MS4s on Indian Country lands in Oklahoma. MS4 
General Permit OKR04000I expired June 30, 2012, without any MS4s 
submitting a Notice of Intent to be covered. Since no MS4 operators 
took advantage of the authorization offered by that permit during its 
five year term and there are no administratively continued permittees 
covered by the permit, EPA Region 6 considers the permit terminated as 
of the expiration date and is not proposing to reissue MS4 General 
Permit OKR04000I at this time. Any MS4 operators on Indian Country 
lands in Oklahoma requiring permit coverage should contact EPA Region 6 
for information on how to obtain permit coverage.

B. Statutory and Regulatory History

    The overall intent of the permit conditions is to support the 
statutory goals of Section 101 of the Clean Water Act (CWA) to restore 
and maintain the chemical, physical and biological integrity for the 
Nation's waters. The 1987 Water Quality Act (WQA) amended the CWA by 
adding section 402(p) which requires that NPDES permits be issued for 
various categories of storm water discharges. Section 402(p)(2) 
requires permits for five categories of storm water discharges, 
commonly referred to as Phase I of the NPDES Storm Water Program. 
Included in Phase I are discharges from large municipal separate storm 
sewer systems (MS4s) (systems serving a population of 250,000 or more). 
Phase I regulations published November 16, 1990 (55 FR 47990) addressed 
discharges from large MS4s.
    Section 402(p)(6) of the CWA requires permitting for certain 
additional storm water discharges (Phase II of the storm water program) 
to protect water quality. EPA promulgated final Phase II storm water 
regulations on December 8, 1999 (64 FR 68722). These regulations set 
forth the additional categories of discharges to be permitted and the 
requirements of the program. The additional discharges to be permitted 
included small MS4s located in Urbanized Areas designated by the Bureau 
of the Census and those designated by the Director on a case-by-case 
basis to protect water quality. This proposed permit offers coverage to 
Phase II regulated MS4s in the Farmington, Santa Fe, Los Lunas, Las 
Cruces, and El Paso UAs into a single general permit.
    The discharge control conditions established by this permit are 
based on Section 402(p)(3)(B) of the Act which mandates that a permit 
for discharges from Phase II MS4s must effectively prohibit the 
discharge of non-stormwater to the MS4 and require controls to reduce 
pollutants in discharges from the MS4 to the maximum extent practicable 
(MEP) including management practices, control techniques and system 
design and engineering methods, and such other provisions as the 
Administrator deems appropriate for the control of pollutants. MS4 
permits requiring implementation of Best Management Practices (BMPs) 
addressing the Six Minimum Control Measures at 40 CFR 122.34(b) are 
generally deemed to be an appropriate means of meeting the MEP 
standard. Protection of water quality and compliance with Total Maximum 
Daily Loads (TMDLs) are addressed through the CWA 402(p)(3)(B)(iii) 
authority for ``other such provisions as the Administrator deems 
appropriate for the control of pollutants.''

Paperwork Reduction Act

    The information collection required by this permit will reduce 
paperwork significantly by implementation of electronic reporting 
requirements. EPA is working on an electronic notice of intent (eNOI) 
system so applicants will file their NOIs online. EPA estimates that it 
takes 10 to 15 minutes to fill up all information required by eNOI for 
each lease block. And it takes much less time to add, delete, or modify 
eNOI. EPA will also incorporate an electronic discharge monitoring 
report (NetDMR) requirement in the permit. The time for NetDMR 
preparation will be much less than that for paper DMR. The electronic 
filing systems will also significantly reduce the mailing cost.

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. As 
indicated below, the permit reissuance proposed today is not a ``rule'' 
subject to the Regulatory Flexibility Act.

    Dated: July 20, 2015.
William K. Honker,
Director, Water Quality Protection Division, EPA Region 6.
[FR Doc. 2015-18720 Filed 7-29-15; 8:45 am]
 BILLING CODE 6560-50-P