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

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Presentation on theme: "New Mexico State Program 2006 MS4 and Delegation New Mexico Rich Powell New Mexico Environment Department."— Presentation transcript:

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 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)

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) rm.pdf rm.pdf Supplemental Notice Fact Sheet Published on April 4, 2006 (71 FR No. 64, 16775) ms4sfs.pdf ms4sfs.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 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 1 st – 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 Permit Transition Plan Legislation – 2007 Legislative Session Regulations – Finalize and Adopt by EPA Program Approval –

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

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

25 Permit Transition Plan Permit Transition Plan Phase 3 – Storm water: industrial, construction and MS4 – Timing – – 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


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