New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - REVIEW PROCEDURES FOR WASTEWATER CONSTRUCTION LOANS › Section 20.7.7.8 - BACKGROUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. On June 10,
				2014, the President signed into law the Water Resources Reform and Development
				Act of 2014. The U.S. Environmental Protection Agency (EPA) issued on September
				18, 2014, Interpretive Guidance for Certain Amendments in the Water Resources
				Reform and Development Act to Titles I, II, V, and VI of the Federal Water
				Pollution Control Act (FWPCA). Section 5002 states the following: All
				CWSRF-funded projects involving the construction of treatment works, regardless
				of the source of the funding must undergo an environmental review. The has
				consistently interpreted the statement "with assistance made available by a
				State water pollution control revolving fund authorized under this title" to
				mean that the specific requirement identified applies to all CWSRF-funded
				projects, not just equivalency projects. Consistent with this prior
				interpretation, ay project that is considered a "treatment work" as defined in
				the FWCPA section 212, now incorporated in FWCPA Section 502(26), must comply
				with the FWCPA 511(c)(1) regardless of which eligibility it is funded under
				(see section 603(c)). A state may choose to apply its own "NEPA-like" state
				environmental review process for complying with the FWCPA 511(c)(1) provided
				that the elements in 40 CFR
				35.3140(b)(1) through (5)
				are met.
B. The department,
				pursuant to Section
				9-7A-6 NMSA 1978, revised and
				adopted the procedures as outlined at 40 CFR Part 6 - Procedures for
				Implementing the Requirements of the Council on Environmental Quality on the
				National Environmental Policy Act of 1969 (NEPA).
C. NMED is authorized by Subsection A of
				Section 74-6A-4 NMSA 1978 of the
				Wastewater Facility Construction Loan Act to establish and administer a program
				to make loans to state agencies and other qualified borrowers for construction
				or modification of wastewater facilities. In carrying out this responsibility,
				the Secretary of the department has adopted policies, requirements, procedures,
				and guidelines for administration of the SRF which includes the primary
				responsibility for conducting environmental reviews and evaluations of SRF
				projects. Legal remedies available to the public to challenge environmental
				review determinations and enforcement pursuant to this procedure are provided
				by appeal by an aggrieved party(s) of the determination or action through
				administrative channels to higher authorities within NMED.
D. The New Mexico Water Quality Act, Sections
				74-6-1 to 17 NMSA 1978, created
				the Water Quality Control Commission (WQCC) which is the state water pollution
				control agency for all purposes of the federal Clean Water Act, as amended. The
				WQCC may take all action necessary and appropriate to secure to New Mexico and
				its political subdivisions the benefits of the federal act. The Water Quality
				Act identifies legal remedies available to it and its constituent agencies
				(including NMED) in enforcement of its regulations, and legal remedies
				available to the public regarding implementation of programs covered by the
				Water Quality Act which includes the SRF.