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New Mexico State Program

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  1. New Mexico State Program 2006 MS4 and Delegation New Mexico Rich Powell New Mexico Environment Department

  2. Storm Water Phase Approach • Regulations at 40 CFR Part 122.26 • Phase I promulgated in 1990 and addressed “industrial activities” and municipal discharges • Municipalities less than 100,000 exempted from storm water permitting for municipal projects until Phase II by ISTEA (includes their general contractors) • Phase II effective February 7, 2000, and addresses construction down to 1 acre and municipalities less than 100,000

  3. Storm water Phase II Final Rule • Covers the following sources: • “Regulated” small MS4s • “Small” construction activity • Revised the 1990 Phase I Rule’s “no exposure” exemption

  4. Municipally Owned Industrial Facilities • Phase II ended the congressional moratorium on permitting municipally owned industrial facilities • All municipalities (regardless of size or location) are required to comply with NPDES industrial storm water permitting requirements (including construction > 1 acre) effective March 10, 2003

  5. Industrial Activities • 11 categories of industrial activities • Effluent limitations • Manufacturing • Mining, Oil & Gas • Hazardous Waste • Landfills • Recycling Facilities • Steam Electric Plants • Transportation Facilities • Treatment Works • Construction • Light Industrial

  6. Industrial Activities • Current Permit – Multi-Sector General Storm Water Permit (MSGP) (Non-Construction) • Issued October 30, 2000 (65 FR No. 210, 64746) • Expired October 30, 2005 • Requires preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) • www.epa.gov/earth1r6/6en/w/sw/msgp2000.pdf

  7. Construction • Current Permit – Construction General Storm Water Permit (CGP) • Issued July 1, 2003 (68 FR No. 126, 39087) • Expires July 1, 2008 • Requires preparation and implementation of a SWPPP • cfpub1.epa.gov/npdes/stormwater/cgp.cfm

  8. Phase I MS4 • Albuquerque MS4 • NMDOT, AMAFCA, UNM co-permittees • Effective December 1, 2003 • Endangered species and water quality issues • Incorporated requirements to address the Middle Rio Grande fecal coliform TMDL

  9. Phase II MS4 • Small MS4 Permit Proposed on September 9, 2003 (68 FR No. 174, 53166) • www.epa.gov/earth1r6/6wq/npdes/sw/ms4/sms4perm.pdf • Supplemental Notice Fact Sheet Published on April 4, 2006 (71 FR No. 64, 16775) • http://www.epa.gov/earth1r6/6wq/npdes/sw/ms4/sms4sfs.pdf • Comments Due by May 4, 2006 – Public Availability of NOIs, Public Hearing Opportunity, PA Review of NOIs.

  10. Permit Requirements • Required to develop, implement, and enforce a storm water management program (SWMP) to: • Reduce the discharge of pollutants to the maximum extent practicable (MEP) • Protect water quality • Satisfy the appropriate water quality requirements of the Clean Water Act (CWA)

  11. Permit Requirements • Must submit a Notice of Intent (NOI), which includes for each of six required minimum control measures: • Best management practices (BMPs) • Measurable goals • Timing and frequency of the actions • Persons responsible for implementing or coordinating the MS4 storm water program • Can reference “existing programs” for one or more of the minimum control measures

  12. Regulated Small MS4s in NM • A Phase II “regulated small MS4” is any small municipal separate storm sewer system: • Automatic Designation - Located in an “urbanized area” (UA), currently including: • Albuquerque UA – Albuquerque, Bernalillo, Carnuel, Corrales, Isleta Village Proper, Los Ranchos de Albuquerque, North Valley, Rio Rancho, Santa Ana Pueblo, South Valley, Bernalillo County, Sandoval County; • Las Cruces UA – Dona Ana, Las Cruces, Mesilla, University Park, Dona Ana County;

  13. Regulated Small MS4s in NM • Automatic Designation (cont’d): • Farmington UA – Aztec, Farmington, Flora Vista, Kirtland, San Juan County; • Santa Fe UA – Agua Fria, La Cienega, Santa Fe, Tesuque, Santa Fe County; and • El Paso, Texas UA – Anthony, Santa Teresa, Sunland Park, unincorporated areas in Dona Ana County as well as other public entities such as military bases, federal, state, etc. facilities located in UAs which operate storm sewer systems); or

  14. Regulated Small MS4s in NM • Potential Designation: • Located outside of an UA with a population > 10,000 and a population density of > 1,000 people/square mile • Currently proposed for designation in NM • Clovis, Las Vegas, and Roswell

  15. Enforcement in NM • NPDES permits are federally enforced • Violators subject to federal and state enforcement actions and penalties • Compliance with a permit issued pursuant to §402 of the CWA deemed compliance for purposes of §§ 309 and 505, with §§ 301, 302, 306, 307 (except human health toxics), and 403

  16. NM Current Role • NMED/SWQB reviews and certifies NPDES permits under § 401 of the CWA • NMED/SWQB performs NPDES outreach • NMED/SWQB conducts NPDES inspections on behalf of USEPA R6 • Approximately 7 FTEs

  17. NM Current Role • Inspections conducted in FY05 • Individual permits • 11 majors • 23 minors • CAFO 31 • Storm water 52

  18. NM Future Role • The State of New Mexico has entered into the process for taking control for the permitting responsibilities of the National Pollutant Discharge Elimination System (NPDES) program from the US Environmental Protection Agency

  19. NM Future Role • Since the NPDES program’s inception, USEPA has administered the program in New Mexico with assistance and oversight by the State. Congress provided a process and encouraged the states to develop and implement the program [CWA §101(b)]. This process is often referred to as “state authorization” or “program primacy.” New Mexico is one of only five states not authorized to implement the NPDES permit program and is now pursuing state authorization for the program.

  20. NM Future Role • Better address “waters of the United States” issues • Better able to address state water quality issues • Direct control of all environmental media • Direct control of enforcement

  21. NM Future Role • Uniquely New Mexico – regulations 1st • Formation of an NPDES Regulation Development Advisory Group • Construction, Agriculture, Mining, Municipalities, Federal Facilities, Industrial, Oil & Gas, Environmental Interests, Tribal Interests • Split permitting authorities • Mining & Minerals Division – coal mining • Oil & Gas Division – oil & gas • NMED – everything else

  22. Permit Transition Plan • Legislation – 2007 Legislative Session • Regulations – Finalize and Adopt by 10-1-2007 • EPA Program Approval – 1-1-2008

  23. Permit Transition Plan • Phase 1 – Individual industrial and municipal permits • Timing – 1-1-2008 • Exceptions • Ongoing enforcement actions to be completed by EPA • Backlogged permits – transition to NMED after permit issued

  24. Permit Transition Plan • Phase 2 – CAFOs and “sludge only” facilities • Timing – 3-1-2008 • Exceptions • Ongoing enforcement actions to be completed by EPA

  25. Permit Transition Plan • Phase 3 – Storm water: industrial, construction and MS4 • Timing – 3-1-2010 • Exceptions • Ongoing enforcement actions to be completed by EPA • Approximately 40 FTEs

  26. New Mexico State Program 2006 MS4 and Delegation New Mexico Rich Powell New Mexico Environment Department