[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Notices]
[Pages 25435-25436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10317]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9807-2]
Draft National Pollutant Discharge Elimination System (NPDES)
General Permit for Municipal Separate Storm Sewer Systems in the Middle
Rio Grande Watershed in New Mexico (NMR04A000)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed permit issuance and notice of public
meetings, and public hearing.
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SUMMARY: EPA Region 6 Water Quality Protection Division, today is
proposing for public comment the issuance of a National Pollutant
Discharge Elimination System (NPDES) general permit for storm water
discharges from municipal separate storm sewer systems (MS4s) located
in the Middle Rio Grande Watershed in the State of New Mexico. This
proposed permit offers discharge authorization to regulated MS4s within
the boundaries of the Bureau of the Census-designated 2000 and 2010
Albuquerque Urbanized Areas and any other MS4s in the watershed
designated by the Director as needing a MS4 permit. This permit is
intended to replace both the individual NPDES Permit NMS000101 issued
on January 31, 2012, and the expired general permits NMR040000 and
NMR04000I for dischargers in this watershed area. The Director is also
providing notice of public meetings and a public hearing to be held
regarding today's proposed general permit.
DATES: Comments must be submitted in writing to EPA on or before July
1, 2013.
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/ms4/index.htm.
To obtain hard copies of these documents or any other information
in the administrative record, please contact Ms. Diane Smith 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. Diane Smith, 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 two
informal public meetings and one public hearing in the Albuquerque
metropolitan area. 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. Written and oral comments for the official
permit record will be accepted at the public hearing. Public notice of
these meetings and the public hearing was provided in the Albuquerque
Journal on Saturday, April 13, 2013.
Meeting and Hearing: EXPO New Mexico, African American Performing
Art Center (AAPAC) Auditorium, 300 San Pedro Dr. NE., Albuquerque, NM
87108.
Time: Public Meeting from 6:00 p.m.; Public Hearing from 7:30 p.m.
Date: May 14, 2013.
Meeting Only: USDA Building, First Floor Conference Room, 6200
Jefferson St. NE., Albuquerque, NM 87109.
Time: Public Meeting at 1:00 p.m.
Date: May 15, 2013.
FOR FURTHER INFORMATION CONTACT: Ms. Diane Smith, U.S. Environmental
Protection Agency, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733. Telephone: (214) 655-2145. Email address: [email protected].
SUPPLEMENTARY INFORMATION: A. General Information--This permit
authorizes stormwater discharges to waters of the United States from
MS4s within the Middle Rio Grande Watershed provided the MS4 is located
fully or partially within the corporate boundary of the City of
Albuquerque; 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://cfpub.epa.gov/npdes/stormwater/urbanmaps.cfm.
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
including city of Albuquerque MS4, which includes all MS4s located
within the corporate boundary of the city of Albuquerque.
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 would combine
coverage for both Phase I and Phase II regulated MS4s in the
Albuquerque area 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 both Phase I and 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,
[[Page 25436]]
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: April 18, 2013.
Stacey Dwyer,
Acting Director, Water Quality Protection Division, EPA Region 6.
[FR Doc. 2013-10317 Filed 4-30-13; 8:45 am]
BILLING CODE 6560-50-P