NM Stormwater Program Update

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Jasmin Kennedy
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1 NM Stormwater Program Update EPA Region 6 Strategy MSGP - CGP Municipal Permits in New Mexico - Phase I MS4 Permit (Albuquerque UA) - Phase II MS4 permit Nelly Smith Smith.Nelly@epa.gov Middle Rio Grande Watershed Based Permit Pilot

2 EPA Region 6 SW Program Focus Areas Improving SW Programs and MS4 Permits in Particular (driven in part by the NRC Report) MRG Watershed Based Permit Pilot Implementing New Construction and Development ELGs Outreach and Technology Transfer Green Infrastructure

(GI/SW Rulemaking/Construction Lead) MS4 Permits, SW Rulemaking, Outreach Nelly

3 EPA Region 6 Stormwater Team Brent Larsen Chief Permits and Technical Assistant Section Jenelle Hill (ESA Lead) Small MS4s permits, Outreach Suzanna Perea (GI/SW Rulemaking/Construction Lead) MS4 Permits, SW Rulemaking, Outreach Nelly Smith (Industrial/Municipal Lead) - MS4 permits, Watershed Permitting, ESA, Outreach

Region 6 Basic Expectations for MS4 Permits WQ Impairment/TMDLs must be addressed Phase I permit (or proposed ALB Watershed Based MS4 Permit) need to include measurable goals and meet Phase II MEP

4 Region 6 Basic Expectations for MS4 Permits WQ Impairment/TMDLs must be addressed Phase I permit (or proposed ALB Watershed Based MS4 Permit) need to include measurable goals and meet Phase II MEP minimum measures Annual Report/Audit results need to be addressed as necessary with permit conditions Monitoring programs can be flexible (but do need monitoring for POCs in impaired waters) Need to identify/remove impediments to GI/LID (Water Quality Scorecard is a resource) Head towards numeric performance measures (could include measures such as # of SSOs eliminated, inspections done, etc.)

5 Improving Programs and Permits Basic permit improvements for enforceability and clarity Better controls for 303(d)/TMDL waters Interactive approach to MEP Addressing MS4 audit results Improving measures that allow better assessment of effectiveness and compliance

6 Region 6 Expectations for Permits Pre-TMDL Pre and Post TMDL If pollutant of concern (PoC) is present at levels above WQS (use national data if no data on discharge), include Interim Pollutant Reduction Plan (IPRP) requirements to address human activity sources (bacteria, nutrients, other PoCs) Include monitoring/reporting on PoC/reduction plans Post-TMDL Include WLA as target and include Pollutant Reduction Plan (PRP) requirements (Limit vs. Target may be on way nationally some day) Include any schedules/milestones from TMDL Include monitoring/reporting on PoC/reduction plans Incorporate/Supplement as necessary to address TMDL Implementation Plan, if available

7 Census 2000 Small MS4s Phase 2 Permittees in Urbanized Areas and /or Counties in New Mexico URBANIZED AREA ALBUQUERQUE NMR04A000 9 Permittees URBANIZED AREA EL PASO NMR04E000 4 Permittees URBANIZED AREA LAS CRUCES NMR04L000 6 Permittees URBANIZED AREA Tracking # NMR04 Phase 2 Permittees A001 SSCAFCA A002 Town of Bernalillo * 1 A003 A004 A006 A007 A008 Sandavol County Corrales Los Ranchos de Albuquerque Rio Rancho, City Bernalillo County A009 Kirtland Airforce Base A010 NM DOT - Dist 3 E001 E002 Anthony, City Santa Teresa, City E003 Sunland Park, City E005 NM DOT - Dist 1 L001 L002 L003 L004 La Mesilla University Park Dona Ana County Las Cruces, City L005 NM DOT - Dist 1 L006 Dona Ana, Village SANDOVAL COUNTY NMDOT Dist. 3 BERNALILLO COUNTY NMDOT Dist. 3 DONA ANA COUNTY NMDOT Dist. 1 FARMINGTON NMR04F000 4 Permittees URBANIZED AREA SANTA FE NMR04S000 5 Permittees F001 F002 Farmington, City San Juan County F003 Aztec, City F004 NMDOT - Dist 5 S001 S002 S003 S004 Agua Fria La Cienega Santa Fe, City Santa Fe, County S005 NM DOT - Dist 5 TOTAL = 28 Permittees SAN JUAN COUNTY NMDOT Dist.5 SANTA TERESA COUNTY Notes:SSCAFCA=Southern Sandavol County Arroyo Flood Control Authority; * 1 = Individual Permit; Dona Ana village Tracking No. changed from NMR04E004 to NMR04L006 Syed, EPA, Reg 6

8 Permittees grouped have submitted one NOI/SWMP Dona Ana County, Village of Dona Ana, City of Anthony, and City of Santa Teresa. San Juan County City of Aztec Santa Fe County Augua Fria La Cienaga

9 Phase I: Albuquerque UA MS4 Permitting History - 1 st permit was issued in December 1, nd permit issued in January 2012 (FWS issued a BO under ESA consultation) Proposed permit designated to allow transition to the watershed-based MS4 permit - City of Albuquerque, Albuquerque Metropolitan Arroyo Flood Control Authority (AMAFCA), New Mexico Department of Transportation (NMDOT), and University of New Mexico Phase II - General Permit (GP) issued in June NOI reviews and required corrections - NOI noticed - ESA consultation final approval May Reissuance scheduled in late Fall A Watershed-based MS4 permit in Albuquerque. Individual MS4 permits for the rest of the UAs (Santa Fe, Farmington, Las Lunas (new UA), Las Cruces/El Paso) - Tribal Governmental-to-Governmental Consultations - Coordinating with Tribal leader to define final MS4 coverage

10 Watershed-based MS4 Permitting Pilot in the Middle Rio Grande What Are the Expected Benefits? What are the expected pilot challenges? What is next?

11 Watershed-based MS4 Permitting Pilot in the Middle Rio Grande Next Steps Determine nature of involvement for Tribes /EPA R6 Consultations Finalize analysis on Residual Designation Authority Review final equitable cost-sharing algorithm Review final UNM Grad Student Professional Project Finalize credit system model (joint programs, LID/GI implementation, monitoring programs) * Share first draft with the State ESA Consultation: Issue a BE Share permit outline with workgroup before proposal Finalize Tribal Consultations Propose and then issue a permit (Late Fall) Note: It is still under internal discussions

12 What is next NM MS4 Permits? 1. Propose a Middle Rio Grande Watershed Based MS4 Permit for both Phase I and Phase IIs (permit issuance target late Fall/Winter 2012) - Each permittee will process their own Notice of Intent (proposed schedule - next slide). Each NOI is legally covered separately - Could rely on share program elements where agreements are reached 2. Propose individual MS4 permits for each individual UA (Santa Fe, Farmington, Las Lunas (only new Census 2010 UA in NM), Las Cruces/El Paso) - permits issuance TBD

13 NOI Small MS4 with approved NOI: revise and update its written individual or joint stormwater management program (SWMP) document and submit it to EPA Region 6 within New small MS4 (e.g. Las Lunas): submit a NOI with proposed SWMP document for public comment and submit it to EPA Region 6 within Small MS4s that have not submitted a NOI or the NOI are under EPA internal review: submit (or revise) a NOI with proposed SWMP document for public comment and submit it to EPA Region 6 within * Phase I (City of Albuquerque): revise and update its SWMP document and submit it to EPA Region 6 within Co-permittees of phase I permit: (UNM, NMDOT, AMAFCA) - Optional approach. Submit individual NOI or joint SWMP with the City of ALB within After two years of permit issuance: Opportunity to submit joint SWMP documents. Evaluation of credit points (only applicable to MRG Permit) Note: The proposed NOI approach outlined above is still in a draft form.

14 Questions?

MS4 Remand Rule. Intergovernmental Associations Briefing September 15, 2015

MS4 Remand Rule. Intergovernmental Associations Briefing September 15, 2015 MS4 Remand Rule Intergovernmental Associations Briefing September 15, 2015 Background on the MS4 Remand MS4 Remand Background Current Phase II Regulations Small MS4 General Permits (40 CFR 122.33-34) If