[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Page 49650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17709]

[[Page 49650]]



[FRL 9949-59-Region 6; Permit NMG010000]

Final National Pollutant Discharge Elimination System General 
Permit for Discharges From Concentrated Animal Feeding Operations in 
New Mexico

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final NPDES general permit issuance.


SUMMARY: The Director of the Water Quality Division, EPA Region 6, 
provides notice of reissuance of the National Pollutant Discharge 
Elimination System (NPDES) General Permit No. NMG010000 for existing 
and new dischargers in New Mexico, under the Concentrated Animal 
Feeding Operations (CAFO) Point Source Category and producing Horses, 
Dairy Cows, and Cattle other than Veal Calves, except those discharges 
on Indian Country. A copy of the Region's responses to comments and the 
final permit may be obtained from the EPA Region 6 Internet site: 

DATES: This permit is effective, and is deemed issued for the purpose 
of judicial review, on September 1, 2016, and expires August 31, 2021. 
Under section 509(b) of the CWA, judicial review of this general permit 
can be held by filing a petition for review in the United States Court 
of Appeals within 120 days after the permit is considered issued for 
judicial review. Under section 509(b)(2) of the CWA, the requirements 
in this permit may not be challenged later in civil or criminal 
proceedings to enforce these requirements. In addition, this permit may 
not be challenged in other agency proceedings.

FOR FURTHER INFORMATION CONTACT: Ms. Evelyn Rosborough, Region 6, U.S. 
Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202-
2733. Telephone: (214) 665-7515.


Summary of Significant Changes From the Draft Permit

    Pursuant to section 402 of the Clean Water Act (CWA), 33 U.S.C. 
1342, EPA proposed and solicited comments on NPDES general permit 
NMG010000 at FRL-9921-07-Region 6 (December 30, 2014). Discharges 
eligible for coverage under the permit are from animal feeding 
operations that are defined as CAFOs or designated as CAFOs by the 
permitting authority and that are subject to 40 CFR part 412, subparts 
A (Horses) and C (Dairy Cows and Cattle Other than Veal Calves) and 
that discharge or propose to discharge pollutants to waters of the 
United States. The public comment period ended March 2, 2015. The State 
of New Mexico Environmental Department (NMED) received an extension to 
April 15, 2015, for certified comments. Region 6 received comments from 
the New Mexico Environment Department, New Mexico Farm & Livestock 
Bureau, New Mexico Department of Agriculture, Texas Cattle Feeders 
Association, Socially Responsible Agriculture Project, the New Mexico 
Environmental Law Center, Animal Legal Defense Fund, Sierra Club--Rio 
Grande Chapter, Amigos Bravos, Lea County Concerned Citizens, Rio Valle 
Concerned Citizens, and Mesquite Community Action Committee, Enviro 
Compliance Services, Inc., and Erika Brotzman. EPA Region 6 has 
considered all comments received. In response to those comments the 
following significant changes are made to the proposed permit. All 
changes are discussed in the response to comments documents.
    1. Permit Part II.A.5.a.ii. is revised to require calibration of 
land application equipment to be performed at least annually, in 
accordance with procedures and schedules to be established in the 
nutrient management plan for all equipment.
    2. Permit Part I.E.8. is updated to require Notice of Intent (NOI) 
and Nutrient Management Plan (NMP) submittals to NMED.
    3. Permit Part I.H, Change in Ownership is clarified and Permit 
Part I. E.9. is revised to remove the 7 day public review and comment 
for NOIs resulting from transfer of ownership of a facility with prior 
permit coverage.
    4. Permit Part II.A.2.a.v. is clarified regarding equipment 
inspection deficiencies to specify deficiencies not corrected in 30 
days to be explained.
    5. Permit Part III. B. is revised to align facility closure 
requirements with New Mexico impoundment closure requirements.
    6. Permit Part III.C.1.b. is changed to require retention of the 
telephone number of the recipient of any transferred manure, litter or 
process wastewater.
    7. Permit Part V.A. is revised to change the annual report due date 
from January 31 to March 31.
    8. Other minor changes and clarifications.

Other Legal Requirements

A. State Certification

    Under section 401(a)(1) of the CWA, EPA may not issue a NPDES 
permit until the State or Tribal authority in which the discharge will 
occur grants or waives certification to ensure compliance with 
appropriate requirements of the CWA and State law. The New Mexico 
Environment Department issued the 401 certification on April 15, 2015.

B. Other Regulatory Requirements

    The Endangered Species Act (ESA) of 1973 requires Federal Agencies 
such as EPA to ensure, in consultation with the U.S. Fish and Wildlife 
Service (USFWS) and the National Marine Fisheries Service (NMFS) (also 
known collectively as the ``Services''), that any actions authorized, 
funded, or carried out by the Agency (e.g., EPA issued NPDES permits 
authorizing discharges to waters of the United States) are not likely 
to jeopardize the continued existence of any Federally-listed 
endangered or threatened species or adversely modify or destroy 
critical habitat of such species (see 16 U.S.C. 1536(a)(2), 50 CFR part 
402 and 40 CFR 122.49(c)). Today's permit is consistent with the ESA 
section 7(a)(2) consultation between EPA-Region 6 and the USFWS--
Albuquerque Field Office, concluded on November 17, 2015.

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

    Dated: July 14, 2016.
William K. Honker,
Director, Water Division, EPA Region 6.
[FR Doc. 2016-17709 Filed 7-27-16; 8:45 am]