New Mexico State ProgramNew Mexico State Program

2006 MS4 and Delegation

New Mexico

Rich Powell

New Mexico Environment Department

Storm Water Phase ApproachStorm 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

Storm water Phase II Final Storm water Phase II Final RuleRule

Covers the following sources:– “Regulated” small MS4s– “Small” construction activity

Revised the 1990 Phase I Rule’s “no exposure” exemption

Municipally Owned Industrial Municipally Owned Industrial FacilitiesFacilities

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

Industrial ActivitiesIndustrial 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

Industrial ActivitiesIndustrial 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

ConstructionConstruction

Current Permit – Construction General Storm Water Permit (CGP)

Issued July 1, 2003 (68 FR No. 126, 39087)Expires July 1, 2008Requires preparation and implementation of

a SWPPPcfpub1.epa.gov/npdes/stormwater/cgp.cfm

Phase I MS4Phase 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

Phase II MS4Phase II MS4 Small MS4 Permit Proposed on September 9,

2003 (68 FR No. 174, 53166) www.epa.gov/earth1r6/6wq/npdes/sw/ms4/sms4pe

rm.pdf Supplemental Notice Fact Sheet Published on

April 4, 2006 (71 FR No. 64, 16775) http://www.epa.gov/earth1r6/6wq/npdes/sw/ms4/s

ms4sfs.pdf Comments Due by May 4, 2006 – Public

Availability of NOIs, Public Hearing Opportunity, PA Review of NOIs.

Permit RequirementsPermit 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)

Permit RequirementsPermit 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

Regulated Small MS4s in NMRegulated 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;

Regulated Small MS4s in NMRegulated 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

Regulated Small MS4s in NMRegulated 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

Enforcement in NMEnforcement in NMNPDES permits are federally enforcedViolators subject to federal and state

enforcement actions and penaltiesCompliance 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

NM Current RoleNM Current Role

NMED/SWQB reviews and certifies NPDES permits under § 401 of the CWA

NMED/SWQB performs NPDES outreachNMED/SWQB conducts NPDES

inspections on behalf of USEPA R6Approximately 7 FTEs

NM Current RoleNM Current Role

Inspections conducted in FY05– Individual permits

11 majors 23 minors

– CAFO 31– Storm water 52

NM Future RoleNM 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

NM Future RoleNM 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.

NM Future RoleNM Future Role

Better address “waters of the United States” issues

Better able to address state water quality issues

Direct control of all environmental mediaDirect control of enforcement

NM Future RoleNM 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

Permit Transition PlanPermit Transition Plan

Legislation – 2007 Legislative SessionRegulations – Finalize and Adopt by

10-1-2007EPA Program Approval – 1-1-2008

Permit Transition PlanPermit Transition PlanPhase 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

Permit Transition PlanPermit Transition Plan

Phase 2 – CAFOs and “sludge only” facilities– Timing – 3-1-2008– Exceptions

Ongoing enforcement actions to be completed by EPA

Permit Transition PlanPermit 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

New Mexico State ProgramNew Mexico State Program

2006 MS4 and Delegation

New Mexico

Rich Powell

New Mexico Environment Department