[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Notices]
[Pages 76328-76329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29881]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL 9920-69-Region 6]


Final 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: Final NPDES general permit issuance.

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SUMMARY: The Environmental Protection Agency (EPA) Region 6 Water 
Quality Protection Division, today announces issuance of the 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. 
The 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.
    EPA Region 6 proposed the draft permit in the Federal Register on 
May 1, 2013. EPA Region 6 has considered all comments received and has 
made changes to the proposed permit. A copy of the EPA Region 6's 
response to comments, a final fact sheet, and the final permit may be 
obtained from the EPA Region 6 internet site: http://epa.gov/region6/water/npdes/sw/ms4/index.htm

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.

DATES: This permit is effective on, and is deemed issued for the 
purpose of judicial review, December 22, 2014 and expires December 19, 
2019. 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

[[Page 76329]]

requirements. In addition, this permit may not be challenged in other 
agency proceedings.

SUPPLEMENTARY INFORMATION: Highlights of changes from the proposed 
permit include the following. All changes are discussed in the response 
to comments documents.
    <bullet> If seeking alternative sub-measureable goals for TMDL 
controls, the permit requires permittees to submit a preliminary 
proposal with the Notice of Intent (NOI).
    <bullet> Added a polychlorinated biphenyl (PCB) strategy 
requirement in Bernalillo County drainage areas.
    <bullet> Incorporated requirements resulting from the Endangered 
Species Act (ESA) consultation in Part I.C.3 of the permit.
    <bullet> Revised schedules in Activity Tables 1.a through 10.
    <bullet> Clarified and revised the language related to post 
construction runoff and stormwater quality design standards.
    <bullet> Added an option, Ground Water Replenishment Project, to 
provide an opportunity to replenish regional ground water supplies when 
infeasible to implement storm water quality design standards.
    <bullet> Clarified seasonal monitoring periods and sampling 
methodology.
    <bullet> Included information for electronic submittal of NOI and 
revised Annual Report deadline.
    <bullet> Other minor changes and clarifications.

Other Legal Requirements

A. State and Tribal 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 September 13, 
2013. The Pueblo of Sandia issued the 401 certification on July 1, 
2013. The Pueblo of Isleta issued the 401 certification on October 29, 
2014.

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 (FWS) 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 402 
and 40 CFR 122.49(c)). The scope of today's permit action is consistent 
with U.S. FWS Biological Opinion dated August 21, 2014.

    Dated: December 11, 2014.
William K. Honker,
Water Quality Protection Division, EPA Region 6.
[FR Doc. 2014-29881 Filed 12-19-14; 8:45 am]
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