49650 Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[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: http://

www.epa.gov/region6/water/npdes/

cafo/index.htm. 

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. 

SUPPLEMENTARY INFORMATION: 

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] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9949–78–OLEM] 

The Hazardous Waste Electronic 

Manifest System Advisory Board: 

Request for Nominations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Request for nominations. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) invites 

nominations of qualified candidates to 

be considered for a three-year 

appointment to fill one IT expert 

position on the Hazardous Waste 

Electronic Manifest System Advisory 

Board (the ‘‘Board’’). Pursuant to the 

Hazardous Waste Electronic Manifest 

Establishment Act (the ‘‘e-Manifest Act’’ 


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