Transcript Concentrated Animal Feeding Operation Regulations

New Mexico State Program
2006 MS4 and Delegation
New Mexico
Rich Powell
New Mexico Environment Department
Storm 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
Rule

Covers the following sources:
– “Regulated” small MS4s
– “Small” construction activity

Revised the 1990 Phase I Rule’s “no
exposure” exemption
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
Industrial Activities
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11 categories of industrial activities
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Effluent limitations
Manufacturing
Mining, Oil & Gas
Hazardous Waste
Landfills
Recycling Facilities
Steam Electric Plants
Transportation Facilities
Treatment Works
Construction
Light Industrial
Industrial Activities
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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
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
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Phase I MS4
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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 MS4
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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 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 Requirements

Must submit a Notice of Intent (NOI), which
includes for each of six required minimum
control measures:
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–
–
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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 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:
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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 NM
– Automatic Designation (cont’d):
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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 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 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
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
NM Current Role
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Inspections conducted in FY05
– Individual permits
 11 majors
 23 minors
– CAFO 31
– Storm water 52
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
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.
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
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NM Future Role
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Uniquely New Mexico – regulations 1st
– Formation of an NPDES Regulation Development
Advisory Group
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Construction, Agriculture, Mining, Municipalities, Federal
Facilities, Industrial, Oil & Gas, Environmental Interests,
Tribal Interests
– Split permitting authorities
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Mining & Minerals Division – coal mining
Oil & Gas Division – oil & gas
NMED – everything else
Permit Transition Plan
Legislation – 2007 Legislative Session
 Regulations – Finalize and Adopt by
10-1-2007
 EPA Program Approval – 1-1-2008
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Permit Transition Plan

Phase 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 Plan
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Phase 2 – CAFOs and “sludge only”
facilities
– Timing – 3-1-2008
– Exceptions
 Ongoing enforcement actions to be completed by
EPA
Permit Transition Plan
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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 Program
2006 MS4 and Delegation
New Mexico
Rich Powell
New Mexico Environment Department