Appendix 2 - New Mexico -EPA- Quality Control Assurance Plan.pdf

STATE OF NEW MEXICO

STATEWIDE WATER QUALITY MANAGEMENT PLAN

AND

CONTINUING PLANNING PROCESS

NEW MEXICO

WATER QUALITY CONTROL COMMISSION

P.O. Box 5469 Santa Fe, New Mexico 87502 https://www.env.nm.gov/surface-water-quality/wqmp-cpp/ public.facilitation@state.nm.us

WQCC Approval Date: September 21, 2020 EPA Approval Date: October 23, 2020

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Copies of this document and the incorporated documents are available through the State library, the New Mexico Environment Department Surface Water Quality Bureau, Harold

Runnels Building, 1190 St. Francis Drive, Santa Fe, NM 87502 in Santa Fe, or online at https://www.env.nm.gov/surface-water-quality/.

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Table of Contents

I. INTRODUCTION ........................................................................................................ I-1 A. Purpose ....................................................................................................................... I-1 B. Significant Challenges to Water Quality Management in New Mexico ..................... I-1 C. Cross-walk of Sections in the WQMP/CPP and the Federal Requirements ............... I-4 D. History and updates to the WQMP/CPP ..................................................................... I-6 E. The process for updating and maintaining the WQMP/CPP including schedules for revision ........................................................................................................................ I-8 F. Process for assuring adequate authority for intergovernmental cooperation in the implementation of the State’s Water Quality Management Program ....................... I-9 G. Other Entities participating in water quality management ...................................... I-15

II. SURFACE WATER QUALITY STANDARDS ................................................................... II-1 A. Extent of Authority .................................................................................................... II-1 B. Objective .................................................................................................................... II-1 C. Components of New Mexico’s Surface Water Quality Standards ............................. II-1 D. Process for Establishing and Updating Water Quality Standards .............................. II-3 E. Process for Assuring Adequate Implementation of Water Quality Standards ........ II-11

III. SURFACE WATER QUALITY MONITORING, ASSESSMENT & REPORTING ................... III-1 A. Monitoring ................................................................................................................ III-1 B. Assessment ............................................................................................................... III-2 C. Reporting................................................................................................................... III-2

IV. TOTAL MAXIMUM DAILY LOADS (TMDLs) ............................................................... IV-1 A. Background ............................................................................................................... IV-1 B. TMDL Prioritization ................................................................................................... IV-1 C. Process for TMDL Development ............................................................................... IV-1 D. TMDL Implementation .............................................................................................. IV-3

V. EFFLUENT LIMITATIONS ........................................................................................... V-1 A. Introduction ............................................................................................................... V-1 B. Process for Development and Certification of Effluent Limitations and Schedules of

Compliance for NPDES Permits .................................................................................. V-3 C. Incorporating TMDL Waste Load Allocations into NPDES Permits ............................ V-4 D. Process for Determining the Priority of Permit Issuance .......................................... V-4 E. Process for Deriving WQBELs based on Narrative Standards in NPDES Permits ...... V-4

VI. MUNICIPAL AND INDUSTRIAL WASTE TREATMENT ................................................. VI-1 A. Clean Watersheds Needs Survey .............................................................................. VI-1 B. Clean Water State Revolving Fund ........................................................................... VI-1 C. Process for Priority Rating of Wastewater Construction Loans Projects and

Management of the Priority List ............................................................................... VI-1 D. Rural Infrastructure Revolving Loan Program .......................................................... VI-2 E. Special Appropriations Program ............................................................................... VI-3 F. Process for Controlling Disposition of Residual Waste from Wastewater Treatment

Processing ................................................................................................................. VI-3

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VII. NONPOINT SOURCE MANAGEMENT AND CONTROL ............................................... VII-1 A. Nonpoint Source Management Program................................................................. VII-1 B. Nonpoint Source Management Plan ....................................................................... VII-1 C. Wetlands Program ................................................................................................... VII-2

VIII. MANAGEMENT AGENCIES .................................................................................... VIII-1 A. Designated Management Agencies for Wastewater Management ....................... VIII-1 B. Process for Designating Wastewater Management Agencies ................................ VIII-1 C. Management Agencies for Point Source Management ......................................... VIII-2 D. Management Agencies for Nonpoint Source Management ................................... VIII-2

IX. IMPLEMENTATION MEASURES ............................................................................... IX-1 A. Overview ................................................................................................................... IX-1 B. Planning Strategy for Implementation Measures .................................................... IX-1

X. DREDGE AND FILL PROGRAM ................................................................................... X-1 A. Description of the Dredge and Fill Program .............................................................. X-1 B. Process for Certification of Dredge and Fill Permits under Section 401 of the CWA X-1 C. Planning Strategy for the Dredge and Fill Program ................................................... X-1

XI. BASIN PLANS .......................................................................................................... XI-1 A. Introduction .............................................................................................................. XI-1 B. Strategy ..................................................................................................................... XI-1

XII. GROUNDWATER .................................................................................................... XII-1 A. Groundwater Pollution Prevention Program ........................................................... XII-1 B. Planning Strategy for Groundwater Protection ....................................................... XII-2

XIII. DETERMINATION OF COMPLIANCE WITH WATER QUALITY STANDARDS FOR THE

PROTECTION OF HUMAN HEALTH CRITERIA .......................................................... XIII-1 A. Background ............................................................................................................. XIII-1 B. Process for Determination of Compliance .............................................................. XIII-1

XIV. PUBLIC PARTICIPATION ........................................................................................ XIV-1 A. Requirements for Public Participation .................................................................... XIV-1 B. Planning Strategy for Fulfilling Public Participation Requirements ........................ XIV-6

XV. REFERENCES .......................................................................................................... XV-1 A. Federal and State Acts ............................................................................................. XV-1 B. Federal and State Regulations ................................................................................. XV-1 C. Federal Guidance ..................................................................................................... XV-2 D. NMED Policies .......................................................................................................... XV-2 E. SWQB Plans and Reports ......................................................................................... XV-2

Appendix A: Antidegradation Policy Implementation Procedures for Regulated Activities Appendix B: Approved Total Maximum Daily Loads for New Mexico (for most up-to-date list, see SWQB website at https://www.env.nm.gov/surface-water-quality/tmdl/) Appendix C: Hydrology Protocol for the Determination of Uses Supported by Ephemeral, Intermittent and Perennial Waters

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LIST OF ACRONYMS AND ABBREVIATIONS

BPJ Best Professional Judgment BLM Bureau of Land Management BMPs Best Management Practices BOR United States Bureau of Reclamation CFR Code of Federal Regulations CPB Construction Programs Bureau of NMED CPP Continuing Planning Process CWA Clean Water Act (33 U.S.C. 1251 et seq.)

CWSRF Clean Water State Revolving Fund DMA Designated Management Agency EMNRD Energy, Minerals and Natural Resources Department EPA United States Environmental Protection Agency GWQB Ground Water Quality Bureau of NMED LA Load Allocation MOS Margin of Safety NM New Mexico NMAC New Mexico Administrative Code NMED New Mexico Environment Department NMIP Procedures for Implementing NPDES Permits in New Mexico NMSA New Mexico Statutes Annotated NPDES National Pollutant Discharge Elimination System NPS United States National Park Service NPSMP Nonpoint Source Management Program OCD Oil Conservation Division of EMNRD ONRW Outstanding National Resource Water PIP Public Involvement Plan POTWs Publicly Owned Treatment Works QAPP Quality Assurance Project Plan RIP Rural Infrastructure Revolving Loan Program SDWA Safe Drinking Water Act SOP Standard Operating Procedure SWQB Surface Water Quality Bureau of NMED TAS Treatment in a Similar Manner TBEL Technology Based Effluent Limit TMDL Total Maximum Daily Load UAA Use Attainability Analysis UIC Underground Injection Control USACE United States Army Corps of Engineers USC United States Code USDA United States Department of Agriculture USFS United States Forest Service USFWS United States Fish and Wildlife Service

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USGS United States Geological Survey WLA Waste Load Allocation WQA New Mexico Water Quality Act (Chapter 74, Article 6 NMSA 1978) WQBEL Water Quality Based Effluent Limit WQCC New Mexico Water Quality Control Commission WQMP Water Quality Management Plan WQS Water Quality Standards

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I. INTRODUCTION

A. Purpose

New Mexico’s Statewide Water Quality Management Plan and Continuing Planning Process (WQMP/CPP) provides a concise summary of the water quality management system in New Mexico (NM) and the roles of the major participants in that system, as required by Sections 208 and 303 of the federal Clean Water Act (CWA) and New Mexico Statutes Annotated (NMSA) 1978, Section 74-6-4(B) of the New Mexico Water Quality Act (WQA).

In accordance with Section 303(e) of the CWA and 40 CFR 130.5, states are required to have a CPP which describes the processes used to manage the state’s water quality programs. The state may determine the format of its CPP as long as it meets the minimum requirements, as described in Section 303(e)(3)(A)-(H) of the CWA and 40 CFR 130.5, but it may also include other processes at its discretion.

In accordance with 40 CFR 130.6(b), the WQMP is used to direct implementation and draw upon the water quality assessments to identify priority point and nonpoint water quality problems, consider alternative solutions and recommend control measures, including the financial and institutional measures necessary for implementing recommended solutions. The WQMP/CPP addresses nine (9) elements to implement water quality management planning, in accordance with 40 CFR 130.6(c) and as described under Section 205(j) of the CWA; areawide Waste Treatment Management under Section 208 of the CWA; and Water Quality Standards (WQS) and implementation plans as described under Section 303 of the CWA.

The Statewide WQMP/CPP is used to direct implementation of New Mexico’s water quality programs. The WQMP/CPP is intended to provide a consistent approach to preserve, protect, and improve water quality by ensuring that WQS are established to protect designated uses, the quality of water in the environment is periodically assessed, and point and nonpoint pollution sources that may adversely impact water quality are identified, prioritized, and controlled.

B. Significant Challenges to Water Quality Management in New Mexico There are many challenges in meeting the objectives of the CWA and the WQA. This section highlights some of the more significant surface water quality issues in New Mexico.

Climate Change The impact of climate change on the state’s water resources should be acknowledged because the science shows that these changes will lead to further problems and uncertainties. Droughts are predicted to increase in both frequency and severity in many regions of the world, including the southwestern U.S., due to climate change. In general, droughts and the immediate recovery period have substantial water quality effects on the waterbody and its watershed. For example, decreases in stream flow typically increase pollutant concentrations due to evaporation and less dilution. Other water quality impacts associated with climate change and drought include higher water temperatures, enhanced algal production, toxic algal blooms, and lower dissolved oxygen

Appendix 2 Page 8 levels, all of which are stressors to aquatic life. As temperature and precipitation patterns undergo extreme cycles, more frequent and more powerful storms will increase pollutant runoff from the watershed, physically modify and erode riparian habitat, and disrupt biological communities that depend on these habitats. In addition, shifting temperature and precipitation patterns affect vegetation composition and density and increase the propensity for wildfire in non-fire adapted ecosystems.

As waters become stressed by climate change, drought, wildfires, overuse, and groundwater mining, many perennial and intermittent streams and springs will fade. Currently, many perennial “rivers” and “tributaries” in New Mexico contain non-perennial sections. As a result of climate change, these “perennial” waters will likely diminish and the need for clean water will strain these systems even further.

To address some of these concerns, in 2019 Governor Lujan Grisham signed executive order 2019-003 on Addressing Climate Change and Energy Waste Prevention. EO 2019-003 directs all State agencies to evaluate the impacts of climate change on their programs and operations and integrate climate change mitigation and adaptation practices into their programs and operations.

The WQMP/CPP ties in directly with various initiatives for resource management in the State of New Mexico, including EO 2019-003. The long-term water quality monitoring programs under the State’s Water Quality Management Plan are designed to identify trends in water quality and evaluate project effectiveness. In addition, watershed restoration projects enhance the natural environment and improve watershed resilience to climate change.

Stormwater and MS4s Controlling stormwater runoff and its impact is a serious issue facing communities across New Mexico. Urban and highway stormwater runoff is rainfall or snowmelt that runs off the ground or impervious surfaces such as buildings, roads, and parking lots, and drains into natural or man-made drainage systems. In most cases, it drains directly into streams, river, lakes, or wetlands without receiving any treatment to remove pollutants. Because of this, stormwater is a leading cause of water pollution.

Changes in land use have a major effect on both the quantity and quality of stormwater runoff.

Urbanization, if not properly planned and managed, can dramatically alter the natural hydrology of an area because it increases impervious cover, decreases the amount of rainwater that can naturally infiltrate into the soil, and consequently increases the volume and rate of stormwater runoff. Stormwater runoff also typically contains elevated concentrations of a variety of constituents that exceed water quality standards (e.g., copper, lead, and zinc; polyaromatic hydrocarbons (PAHs) and pesticides; oil and grease; nutrients (nitrogen and phosphorus);

sediment; and E. coli bacteria). Untreated stormwater entering our waterways can kill aquatic life and result in the contamination of fish tissue and drinking water supplies; prohibit or limit swimming, fishing or boating; present dangers to public health and safety; and increase the frequency and magnitude of flooding.

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Polluted stormwater runoff also is commonly transported through municipal separate storm sewer systems (MS4s) in urbanized areas to local waterbodies. To prevent harmful pollutants from being washed or dumped into MS4s, certain operators are required to obtain National Pollutant Discharge Elimination System (NPDES) permits and develop stormwater management programs (SWMPs). The SWMP describes the stormwater control practices that will be implemented consistent with permit requirements to minimize the discharge of pollutants from the urbanized area. Furthermore, effective water quality protection requires the “treatment” of stormwater through the use of various preventive and control measures (e.g., best management practices, low impact development, structural controls) to reduce the impact of impervious surfaces and minimize increases in stormwater runoff.

The U.S. Environmental Protection Agency’s (EPA) “Procedures for Implementing NPDES Permits in New Mexico – NMIP” establishes procedures to effectively incorporate state water quality standards and total maximum daily loads (TMDLs) into NPDES permits. EPA Region 6 is the NPDES permitting authority in New Mexico. As such, EPA R6 uses the NMIP to explain NPDES permitting decisions in New Mexico. The EPA developed the NMIP in coordination with the NMED Surface Water Quality Bureau. Specific measures to ensure permitting effectiveness and appropriate implementation of New Mexico’s water quality standards and TMDLs are contained in the NMIP.

Navigable Waters Protection Rule and “Waters of the U.S.”

In 2019, the EPA and the Department of the Army proposed the Navigable Waters Protection Rule to define “waters of the U.S.” and delineate which waters are protected under the federal CWA. The rule was finalized in April 2020 and went into effect on June 22, 2020. The new rule interprets the term “waters of the U.S.” to encompass the following four categories of waters:

1. Territorial seas and traditional navigable waters;

2. Perennial and intermittent tributaries to territorial seas and navigable waters;

3. Certain lakes, ponds and impoundments of jurisdictional waters; and

4. Wetlands adjacent to other jurisdictional waters.

The new rule identifies 12 categories that are not “waters of the U.S.” and therefore, not federally regulated or protected under the CWA, including ephemeral features that flow only in response to rainfall, groundwater, wetlands that do not abut a jurisdictional water, many farm and roadside ditches, certain artificial lakes and ponds, and waste treatment systems.

Under the new rule, at least 89 percent of the state’s rivers and streams and approximately 40 percent of the state’s wetlands lose federal regulation and protection from pollution. New Mexico is one of three states in the U.S., and the only state in the West, that does not have authority (aka “delegation”) from the EPA to administer and implement the NPDES program under Section 402 of the CWA. The NPDES program regulates facilities that discharge pollutants into “waters of the U.S.” and includes permit issuance, compliance, and enforcement activities.

This federal rollback of environmental protections for streams and wetlands will put more burden on the State’s water quality management agencies, especially the New Mexico Environment

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Department (NMED), to ensure continued protection of surface waters of the state and adequate resources to maintain and improve water quality. Without a state permitting program to authorize discharges to surface waters of the state including waters of the U.S., NMED is unable to fill the regulatory gap created by the new rule.

Currently, NMED is actively investigating available options. This includes conducting a NPDES gap analysis that (1) evaluates statutory, regulatory, and programmatic gaps associated with potential pursuit of NPDES program authorization for the State of New Mexico and (2) identifies actions necessary to eliminate the gap and assume authority over the program.

Watershed Management and Water Quality Interagency collaboration has always played a significant role in managing watersheds on public lands within New Mexico. There are many federal and state agencies with varying missions and priorities for utilizing and protecting New Mexico’s natural resources. In part, these activities include habitat restoration, water quality management, water rights management, mining, grazing, silviculture, conservation management, wildlife management, outdoor recreation, hunting, and fishing. As discussed in further detail under subsection F of this Section, this Water Quality Management Plan identifies some of those entities the State engages with to ensure continued water quality protection for the State of New Mexico.

C. Cross-walk of Sections in the WQMP/CPP and the Federal Requirements The nine (9) federal requirements of a WQMP are found in 40 CFR 130.6(c), and the nine (9) federal requirements of a CPP are found in 40 CFR 130.5(b). Table I-1 shows how this document is organized to incorporate requirements of both the WQMP and the CPP. Any reference to the State’s WQMP or CPP in statutes, regulations, standards or other documents refers to this document.

Table I-1: Federal Requirements for WQMP and CPP

WQMP/CPP

Section

40 CFR 130.6

WQMP Requirements

40 CFR 130.5

CPP Requirements

I. Introduction Not required by 40 CFR 130.6

40 CFR 130.5(b)(4) The process for updating and maintaining WQMPs, including schedules for revision;

40 CFR 130.5(b)(5) The process for assuring adequate authority for intergovernmental cooperation in the implementation of the State’s WQMP.

II. Water Quality Standards Not required by 40 CFR 130.6

40 CFR 130.5 (b)(6) The process for establishing and assuring adequate implementation of new or revised water quality standards.

III. Assessment, Monitoring and Reporting

Not required by 40 CFR 130.6 Not required under 40 CFR 130.5

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WQMP/CPP

Section

40 CFR 130.6

WQMP Requirements

40 CFR 130.5

CPP Requirements

IV. Total Maximum Daily Loads (TMDLs)

40 CFR 130.6 (c)(1) A list of approved TMDLs.

40 CFR 130.5(b)(3) The process for developing TMDLs and individual water quality-based effluent limitations for pollutants.

V. Effluent Limitations

40 CFR 130.6 (c)(2) Effluent limitations including water quality-based effluent limitations and schedules of compliance.

40 CFR 130.5 (b)(1) The process for developing effluent limitations and schedules of compliance;

40 CFR 130.5(b)(9) The process for determining the priority of permit issuance.

VI. Municipal and Industrial Waste Treatment

40 CFR 130.6 (c)(3) Identification of anticipated municipal and industrial waste treatment works; programs to provide necessary financial arrangements for such works; establishment of construction priorities and schedules for initiation and completion of such treatment works including an identification of open space and recreation opportunities from improved water quality.

40 CFR 130.5(b)(7) The process for assuring adequate controls over the disposition of all residual waste from any water treatment processing;

40 CFR 130.5(b)(8) The process for developing an inventory and ranking, in order of priority of needs for construction of waste treatment works.

VII. Nonpoint Source Management and Control

40 CFR 130.6 (c)(4) The regulatory and non-regulatory programs, activities, and Best Management Practices (BMPs) to control nonpoint source pollution where necessary to protect or achieve approved water uses.

Not required by 40 CFR 130.5

VIII. Management Agencies

40 CFR 130.6 (c)(5) Identification of agencies necessary to carry out the WQMP and provision for adequate authority for intergovernmental cooperation.

Not required by 40 CFR 130.5

IX. Implementation Measures

40 CFR 130.6(c)(6) Identification of implementation measures necessary to carry out the WQMP.

Not required by 40 CFR 130.5

X. Dredge and Fill Program

40 CFR 130.6(c)(7) Identification and development of programs for the control of dredge and fill material.

Not required by 40 CFR 130.5.

XI. Basin Plans

40 CFR 130.6(c)(8) Identification of any relationship to applicable basin plans developed under Section 209 of the

CWA.

40 CFR 130.5(b)(2) The process for incorporating elements of any applicable areawide waste treatment plans under Section 208, and applicable basin plans under Section 209 of the CWA.

XII. Groundwater 40 CFR 130.6(c)(9)

Identification and development of programs for control of ground-water pollution.

Not required by 40 CFR 130.5

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WQMP/CPP

Section

40 CFR 130.6

WQMP Requirements

40 CFR 130.5

CPP Requirements

XIII. Determination of Compliance with WQS – Human Health Criteria

Not required by 40 CFR 130.6 (required by 20.6.4 NMAC) Not required by 40 CFR 130.5

XIV. Public Participation Not required by 40 CFR 130.6

40 CFR 130.5(b)(4) The process for updating and maintaining the

WQMP.

D. History and updates to the WQMP/CPP

The New Mexico Water Quality Control Commission (WQCC) first adopted the WQMP and the CPP in 1979, under the statutory authority of Section 74-6-4(B) of the WQA. Prior to 2011, the WQMP and the CPP were maintained independently of each other. Beginning in 2011, the New Mexico Environment Department’s (NMED’s) Surface Water Quality Bureau (SWQB) consolidated the WQMP and CPP into one document.

The chronological summary of the subsequent updates are as follows:

• March 1976 CPP initially adopted

• October 1978 WQMP initially adopted

• May 1979 WQMP o Initially adopted Work Elements 2.5 (Trout Hatcheries), 4.3 (Sediment Study) 8.0 (Industrial Waste Treatment System Needs: Toxic Substance Study) and 9.5 (Development of Statewide Groundwater Monitoring System)

• October 1979 WQMP o Updated Work Element 3 (Population Projections)

• October 1980 WQMP o Initially adopted Work Element 13 (Designation of Management Agencies) o Updated Work Element 3 (Population Projections)

• May 1982 WQMP o Updated Work Element 6 (Point Source Load Allocations)

• September 1983 WQMP o Updated Work Element 4.1 (Irrigated Agriculture)

• August 1984 WQMP o Initially adopted Work Element 14 (Implementation Schedules) o Updated Work Elements 4.1 (Irrigated Agriculture), 4.2 (Silviculture), 4.3 (Sediment

Study), 13 (Designation of Management Agencies)

• October 1985 WQMP o Updated Work Elements 6 (Point Source Load Allocations) and 13 (Designation of Management Agencies)

• April 1986 WQMP o Updated Work Element 3 (Population Projections)

• September 1988 WQMP

Appendix 2 Page 13 o Updated Work Element 13 (Designation of Management Agencies)

• September 1989 WQMP o Updated Work Element 6 (Point Source Load Allocations)

• July 1998 CPP

• December 2002 WQMP o Approved December 17, 2002 o Restructured for comprehensiveness, accessibility, and usability o Reorganized to track current federal requirements o Removed outdated or non-applicable elements o Consolidated partial updates

• May 2003 WQMP o Updated Introduction to provide background on how water quality is managed and

Work Element 11 (Public Participation Program) (now Section XIV) to include outreach protocols and strategies

• December 2004 CPP o Initially adopted Antidegradation Policy Implementation Procedure

• November 2010 WQMP o Updated the Antidegradation Policy Implementation Procedure (Appendix A)

• May 2011 WQMP/CPP o Consolidated WQMP and CPP o Initially adopted the following new elements:

Developed Wetlands Program Adopted Underground Injection Control (UIC) regulations Created Water Cabinet for Water and Wastewater Infrastructure Added Hydrology Protocol for determining water body type (ephemeral, intermittent, perennial) o Updated and revised:

References and citations Program descriptions WQS amendments Completion of the TMDL settlement agreement requirements Process for establishing TMDLs Nonpoint Source Management Program Provided a format that supported opportunity for future growth of the WQMP

The primary goals of this 2020 update include the following:

• Incorporate changes and new developments that have occurred since the last revision in 2011;

• Update the antidegradation policy implementation procedure (Appendix A);

• Incorporate the Wetland Program (Previously Section XV) into regulatory mandated portions of the WQMP/CPP primarily under the Nonpoint Source Management and Control (Section VII); and

• Update program descriptions and citations to referenced documents.

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E. The process for updating and maintaining the WQMP/CPP including schedules for revision [As required by 40 CFR 130.5(b)(4) for CPP]

To ensure that the WQMP/CPP continues to provide an effective framework for water quality management, updates may be developed for reasons such as: changes in population, economic development, changing water quality conditions, results of implementation activities, new and revised effluent limitations, and new requirements, including new laws, regulations, and standards.

The WQMP/CPP is periodically reviewed and revised in accordance with 40 CFR 130.5 and 40 CFR 130.6(e) to ensure the processes are current and adequately reflect the State’s water quality management system. Any updates and revisions to the WQMP/CPP must be approved by the WQCC and the United States Environmental Protection Agency (EPA).

Following an identification for the need to update the WQMP/CPP, NMED proceeds with outreach efforts to Tribal counterparts in accordance with NMED’s 2009 Tribal Collaboration and Communication Policy. Identification of potential stakeholders is also conducted to engage individuals or entities that may be impacted by the actions under the WQMP/CPP. Following outreach to Tribes and Stakeholders, the public notice process is driven primarily by various Federal and State regulations as well as NMED policies as outlined in Section XIV of this WQMP/CPP. After public comments are received, NMED reviews and incorporates necessary revisions, as applicable. NMED then presents the proposed revisions to the WQCC for consideration and approval. NMED may submit a proposed update to EPA for technical review before presentation to the WQCC. The WQCC considers the proposed update at one of its public meetings. At the WQCC meeting, the WQCC allows all interested persons reasonable opportunity to provide comment before deciding whether to approve the update.

After adopting an update, the WQMP/CPP is sent to the Governor or designee by the Department on behalf of the WQCC for review and certification that the update is consistent with all other parts of the plan. The WQCC sends the approved WQMP/CPP, along with the Governor’s certification, to EPA Region 6 for approval. Once approved by EPA Region 6, the approved WQMP/CPP is maintained within NMED and filed as a State publication with the New Mexico State Library.

Updates to the appendices of the WQMP/CPP, including the Antidegradation Policy Implementation Procedure and the Hydrology Protocol for the Determination of Uses Supported by Ephemeral, Intermittent and Perennial Waters (Appendix A and C, respectively), are done in accordance with the process to update the WQMP/CPP. Updates to the TMDL List (Appendix B) are made once a TMDL has been adopted or removed in accordance with the process described in Section IV of this WQMP/CPP.

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Several documents that relate to components of this WQMP/CPP are incorporated by reference.

Documents incorporated by reference may be revised and updated independently, but in accordance with the WQMP/CPP. The context of each reference should be used to determine if a specific version or the most current version of the document is being referenced. The regulations and documents incorporated by reference into the WQMP/CPP include the following:

Ground and Surface Water Protection regulations (20.6.2 NMAC)

New Mexico Nonpoint Source Management Plan

Standards for Interstate and Intrastate Surface Waters regulations (20.6.4 NMAC)

State of New Mexico Integrated Clean Water Act §303(d)/§305(b) Integrated Report

Surface Water Quality Bureau Quality Management Plan (QMP)

Surface Water Quality Bureau Quality Assurance Project Plan for Water Quality Management Programs (QAPP)

F. Process for assuring adequate authority for intergovernmental cooperation in the implementation of the State’s Water Quality Management Program [As required by 40 CFR 130.5(b)(5) for CPP]

The creation of the WQCC as the control agency for all purposes of the WQA and, in turn, the federal CWA, are established under NMSA 1978, Section 74-6-3 of the WQA. The duties and powers of the WQCC under Section 74-6-4 of the WQA assure adequate authority for intergovernmental cooperation in the implementation of the WQMP/CPP.

Intergovernmental cooperation in the implementation of the WQMP/CPP programs is provided by four factors:

Factor 1: The composition of the WQCC.

The WQCC is the water pollution control agency for New Mexico. It is responsible for developing specific water quality policy in NM, in a manner that implements the broader policies set forth by the NM Legislature in the WQA. In accordance with Section 74-6-3 of the WQA, the WQCC is comprised of fourteen (14) members; nine (9) of which are representatives of State agencies involved in some aspect of water quality management; one (1) member is a representative of county or municipal government; and the other four (4) members are representatives of the public that are appointed by the Governor. Thus, the WQCC itself serves as a forum for exchange of information, coordination, and cooperation. The fourteen members of the WQCC include:

• Secretary of the Environment Department*

• Secretary of the Department of Health*

• Director of the Department of Game and Fish*

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• State Engineer*

• Chair of the Oil Conservation Commission*

• Director of the State Park and Recreation Division of the Energy, Minerals and Natural

Resources Department (EMNRD)*

• Director of the New Mexico Department of Agriculture*

• Chair of the Soil and Water Conservation Commission or a Soil and Water Conservation

District Supervisor designated by him/her

• Director of the Bureau of Geology and Mineral Resources at the New Mexico Institute of

Mining and Technology*

• Representative of County or Municipal Government

• Four representatives of the public to be appointed by the governor for terms of four years

*indicates that a Commissioner can appoint a designee.

The WQCC is the entity with authority to approve the WQMP/CPP, adopt WQS to protect waters of the State, as well as various regulations aimed at achieving compliance with those standards.

In addition to its formal rulemaking role, the WQCC serves as a forum to facilitate and advance a statewide policy dialogue on a variety of important water quality topics. In accordance with NMSA 1978, Section 74-6-4(F), the WQCC shall also hear and decide disputes between constituent agencies as to jurisdiction concerning any matters within the purpose of the WQA.

Additional duties and powers of the WQCC are defined in the WQA at NMSA 1978, Section 74-6- 4.

Factor 2: The delegation of responsibilities to constituent agencies by the WQCC.

Under Section 74-6-4(F) of the WQA the WQCC has the authority to delegate responsibility for administering its regulations to constituent agencies to assure adequate coverage and prevent duplication of effort. The WQCC reviews, adopts, and records such delegations at its regular open meetings. As the WQCC has no staff of its own, responsibilities for administering its regulations are assigned among eight (8) constituent agencies identified in the WQA at NMSA 1978, Section 74-6-2(K). Those agencies, along with any applicable responsibilities pertaining to this WQMP/CPP, are as follows:

New Mexico Environment Department (NMED) The Secretary of NMED is delegated as a member of the WQCC. Under the WQCC’s delegation of Responsibilities to Environmental Improvement Division (now NMED) and Oil Conservation Division (OCD) dated July 21, 1989, NMED is the primary constituent agency responsible for administering and enforcing all programs implemented by the state under the CWA. Such actions include implementing the WQMP/CPP, as well as administering regulations adopted by the WQCC for discharges to surface and ground water. NMED is the principal source of technical expertise available to the WQCC in its rulemaking and other policy-setting activities. The WQCC, in accordance with NMSA 1978, Section 74-6-3(F), is administratively attached to NMED.

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On July 21, 1989, through the Water Quality Control Commission’s “Delegation of responsibilities to Environmental Improvement Division and Oil Conservation Division “the WQCC delegated NMED as the constituent agency to administer the following duties:

• Maintain, restore and improve the quality of the State’s waters;

• Regulate discharges for compliance with regulations and standards;

• Develop water quality classifications and standards;

• Perform site application and design and specification reviews of new or expanding domestic wastewater treatment facilities;

• Undertake monitoring and enforcement of the statutes and permits;

• Coordinate water quality management planning;

• Manage state and federal construction grant and loan assistance programs which provide financial support to municipalities for construction or improvement of wastewater treatment facilities;

• Manage the groundwater quality protection program with the goal of protecting the public health and beneficial ground water uses; and

• Provide technical assistance to local governments regarding water and wastewater treatment.

Section 74-6-4(F) of the WQA also specifically assigns the following duties to NMED:

• Provide technical services, including certification of permits pursuant to the federal CWA, and

• Maintain a repository of the scientific data required by the WQA.

The following describes specific NMED bureaus and their responsibilities relating to the implementation of the WQMP/CPP. For additional information visit: https://www.env.nm.gov/.

Construction Programs Bureau (CPB): The CPB is involved in implementing portions of the WQMP/CPP as they pertain to prioritizing water, wastewater, and solid waste planning, design, and construction funding through the administration of the following programs: New Mexico Clean Water State Revolving Fund (CWSRF), also known as the Wastewater Facility Construction Loan Fund; Rural Infrastructure Program (RIP); and Capital Outlay Special Appropriations Program (SAP). As part of these programs, the CPB:

• Administers low interest loan and grant programs for water, wastewater and other environmental infrastructure projects that protect surface and groundwater;

• Manages the timely construction and administrative completion of publicly funded water, wastewater, and solid waste projects; and

• Ensures that projects are environmentally sound, of high quality, and free of waste, fraud, and abuse.

Ground Water Quality Bureau (GWQB): The GWQB protects the quality of NM’s groundwater resources in accordance with the WQMP/CPP and as mandated by the WQA, the federal Safe

Solicitation #FA480125Q0002

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Drinking Water Act (SDWA), Ground and Surface Water Protection Regulations (20.6.2 NMAC), Ground Water Protection-Supplemental Permitting Requirements for Dairy Facilities (20.6.6 NMAC), and Ground Water Protection-Supplemental Permitting for Copper Mine Facilities (20.6.7 NMAC). The GWQB:

• Develops standards and regulations pertaining to groundwater quality;

• Issues groundwater pollution prevention discharge permits;

• Implements the Department’s responsibilities under the New Mexico Mining Act to ensure that environmental issues are addressed, and standards are met;

• Implements NM’s underground injection control (UIC) programs;

• Oversees groundwater investigation and remediation activities; and

• Identifies, investigates and remediates contaminated sites that pose significant risks to human health and the environment through implementation of the Bureau’s Voluntary Remediation Program, Brownfields Program, and the federal Superfund program.

GWQB also strives to increase industry and public understanding and awareness of the importance of safe groundwater supplies in sustaining the quality of life in New Mexico for this and future generations, and the importance of protecting groundwater quality through pollution prevention initiatives.

Surface Water Quality Bureau (SWQB): The SWQB protects and improves NM’s surface water quality by controlling pollution from both discrete point sources and dispersed nonpoint sources.

The SWQB maintains and revises the WQMP/CPP and is the primary bureau within NMED that is responsible for implementing the majority of the sections under the WQMP/CPP. Operating under the CWA, the SDWA, the WQA, the Standards for Interstate and Intrastate Surface Waters (20.6.4 NMAC), and Ground and Surface Water Protection regulations (20.6.2 NMAC) the SWQB:

• Administers the Nonpoint Source (NPS) Program through the federally funded Program under Section 319 of the CWA and the state-funded River Stewardship Program;

• Administers the Wetlands Program;

• Certifies federal permits issued under Section 402 of the CWA pertaining to National

Pollutant Discharge Elimination System (NPDES) and Section 404 of the CWA pertaining to Dredge and Fill;

• Assists the WQCC in developing surface WQS and regulations for the State;

• Conducts monitoring and assessment activities to report on water quality status and identify impairments of NM’s surface waters; and

• Develops water quality planning documents identifying pollutant load reductions necessary to attain WQS.

Other NMED Bureaus and Programs: Other Bureaus and Programs also contribute to water quality protection and may work indirectly under the WQMP/CPP from time to time. Some of which are listed as follows:

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• Utility Operator Certification Program ensures adequate training and certification for drinking water and wastewater operators.

• The Liquid Waste Program regulates individual on-site liquid waste systems to protect public health and to prevent contamination of ground and surface water.

• The Petroleum Storage Tank Bureau reduces, mitigates and eliminates the threats to the environment posed by petroleum products or released from underground and above ground storage tank systems.

• The Solid Waste Bureau assures that solid waste is managed in such a way as to minimize impact on the environment and public health.

• The Drinking Water Bureau assists communities in protecting the sources of their drinking water supplies from contamination.

• The Hazardous Waste Bureau regulates hazardous waste treatment, storage and disposal facilities, oversees cleanup of contaminated sites, and implements Federal Facility Compliance Orders at Los Alamos and Sandia National Laboratories.

Office of the State Engineer and Interstate Stream Commission The State Engineer is delegated as a member of the WQCC. No other applicable responsibilities pertaining to this WQMP/CPP have been identified.

New Mexico Department of Game and Fish The Director of the New Mexico Department of Game and Fish is delegated as a member of the WQCC. The Department of Game and Fish has also been delegated authority through the WQCC to enforce the regulation for disposal of refuse in a watercourse. No other applicable responsibilities pertaining to this WQMP/CPP have been identified.

New Mexico Oil Conservation Commission The chair of the New Mexico Oil Conservation Commission is delegated as a member of the WQCC. In accordance with NMSA 1978, Section 70-2-4, the chair of the Oil Conservation Commission is elected from one of the three Commission members; a designee of the commissioner of public lands, a designee of the secretary of New Mexico’s Energy, Minerals and Natural Resources Department (EMNRD), and the Director of the Oil Conservation Division (OCD).

In accordance with NMSA 1978, Section 70-2-6, the Oil Conservation Commission has concurrent jurisdiction and authority with the Oil Conservation Division (OCD). The WQCC’s delegation of Responsibilities to Environmental Improvement Division (now NMED) and Oil Conservation Division (OCD), dated July 21, 1989, outlines the division of responsibilities between the agencies for administering WQCC regulations to protect water quality and abate water pollution (see generally 20.6.2 NMAC). The OCD administers these regulations as they pertain to “discharges from facilities for the production, refinement, pipeline transmission of oil and gas or products thereof, the oil field service industry as related to oil and gas production activities, oil field brine production wells, geothermal installations and carbon dioxide facilities” (see Subsection A(1) of

20.6.2.1201 NMAC).

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The disposition by use of produced water not for drilling, completion, producing, secondary recovery, pressure maintenance or plugging of wells pursuant to 19.15.34 NMAC requires prior approval from the OCD (see Subsection A of 19.15.34.8 NMAC), and also requires the submission of a Notice of Intent to NMED and/or EPA if the use includes a potential discharge to ground or surface waters (see 20.6.2.1201 NMAC and Section 402 of the CWA, respectively). Discharges from other types of facilities that could affect groundwater quality are regulated by NMED’s Ground Water Quality Bureau. No other applicable responsibilities pertaining to this WQMP/CPP have been identified.

New Mexico State Parks Division of the Energy, Minerals and Natural Resources Department

The Director of the New Mexico State Parks Division of the Energy, Minerals and Natural Resources Department is delegated as a member of the WQCC. The State Parks Division of the EMNRD has been delegated authority to enforce the WQCC regulation for disposal of refuse in a watercourse. No other applicable responsibilities pertaining to this WQMP/CPP have been identified.

New Mexico Department of Agriculture The Director of the New Mexico Department of Agriculture is delegated as a member of the WQCC. No other applicable responsibilities pertaining to this WQMP/CPP have been identified.

New Mexico Soil and Water Conservation Commission The Chair of the New Mexico Soil and Water Conservation Commission is delegated as a member of the WQCC. No other applicable responsibilities pertaining to this WQMP/CPP have been identified.

New Mexico Bureau of Geology and Mineral Resources at the New Mexico Institute of Mining and Technology

The Director of the Bureau of Geology and Mineral Resources at the NM Institute of Mining and Technology is delegated as a member of the WQCC. No other applicable responsibilities pertaining to this WQMP/CPP have been identified.

Factor 3: The authority of the WQCC to enter into or authorize its constituent agencies to enter into agreements with federal or state agencies for purposes consistent with the WQA.

Under the WQA at NMSA 1978, Section 74-6-4(G), the WQCC has the authority to enter into, or authorize constituent agencies to enter into, agreements with the federal government or other state governments. This provides the WQCC with a means of formally coordinating with agencies outside of the WQCC and allows the WQCC to use the expertise of those agencies in fulfilling its responsibilities.

Factor 4: The designation of management agencies to carry out specific responsibilities under the WQMP/CPP.

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The WQCC designates management agencies to carry out specific responsibilities. Designated Management Agencies (DMAs) are generally municipal or public entities that must satisfy the requirements of 40 CFR 130.6(c)(5), including demonstration that the agencies have the legal, institutional, managerial, and financial capability, as well as programmatic capacity, to carry out the designated responsibilities. The designation must be formally accepted by the management agency and adopted by the WQCC before it is certified by the Governor.

Pursuant to Section 208 of the CWA, the governor of a state must identify areas of…