Notice of Availability of Initial Revised Designation of Certain Stormwater Discharges in the State of New Mexico Under the National Pollutant Discharge Elimination System of the Clean Water Act, 83937-83939 [2023-26437]

Download as PDF Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding. The filings are accessible in the Commission’s eLibrary system (https:// elibrary.ferc.gov/idmws/search/ fercgensearch.asp) by querying the docket number. eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: https://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. The Commission’s Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502–6595 or OPP@ ferc.gov. Dated: November 24, 2023. Debbie-Anne A. Reese, Deputy Secretary. [FR Doc. 2023–26385 Filed 11–30–23; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER24–471–000] lotter on DSK11XQN23PROD with NOTICES1 Indra Power Business OH LLC, Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization This is a supplemental notice in the above-referenced proceeding of Indra Power Business OH LLC’s application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability. Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to VerDate Sep<11>2014 18:47 Nov 30, 2023 Jkt 262001 intervene or protest must serve a copy of that document on the Applicant. Notice is hereby given that the deadline for filing protests with regard to the applicant’s request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is December 14, 2023. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at https:// www.ferc.gov. To facilitate electronic service, persons with internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically may mail similar pleadings to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. Hand delivered submissions in docketed proceedings should be delivered to Health and Human Services, 12225 Wilkins Avenue, Rockville, Maryland 20852. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the internet through the Commission’s Home Page (https:// www.ferc.gov) using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the document. At this time, the Commission has suspended access to the Commission’s Public Reference Room, due to the proclamation declaring a National Emergency concerning the Novel Coronavirus Disease (COVID–19), issued by the President on March 13, 2020. For assistance, contact the Federal Energy Regulatory Commission at FERCOnlineSupport@ferc.gov or call toll-free, (886) 208–3676 or TYY, (202) 502–8659. The Commission’s Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502–6595 or OPP@ ferc.gov. PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 83937 Dated: November 24, 2023. Debbie-Anne A. Reese, Deputy Secretary. [FR Doc. 2023–26387 Filed 11–30–23; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–R06–OW–2023–0566; FRL–11561–01– R6] Notice of Availability of Initial Revised Designation of Certain Stormwater Discharges in the State of New Mexico Under the National Pollutant Discharge Elimination System of the Clean Water Act Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA) Region 6 is providing notice of an initial revised designation determination that storm water discharges from the Los Alamos Urban Area (as defined by the latest decennial Census) and Los Alamos National Laboratory (LANL) property in Los Alamos County and Santa Fe County, New Mexico are contributing to violations of New Mexico water quality standards (WQS) and require National Pollutant Discharge Elimination System (NPDES) permit coverage under the Clean Water Act (CWA). This action is in response to a June 30, 2014, petition filed with EPA by Amigos Bravos entitled ‘‘A Petition by Amigos Bravos for a Determination that Storm Water Discharges in Los Alamos County Contribute to Water Quality Standards Violations and Require a Clean Water Act Permit,’’ and revises the Agency’s prior December 16, 2019, designation decision, which was remanded to EPA for reconsideration by the Tenth Circuit Court of Appeals. DATES: Comments must be received on or before February 29, 2024. The ‘‘Initial Revised Designation Decision and Record of Initial Decision in Response to A Petition by Amigos Bravos for a Determination that Stormwater Discharges in Los Alamos County Contribute to Water Quality Standards Violations and Require Clean Water Act Permit Coverage’’ was signed on November 6, 2023. The EPA will hold an informal virtual public meeting in January 2024, at least two weeks before the end of the public comment period. Please refer to the SUPPLEMENTARY INFORMATION section for additional information on the public hearing. SUMMARY: E:\FR\FM\01DEN1.SGM 01DEN1 83938 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices You may send comments on the Initial Designation Determination, identified by Docket ID No. EPA–R06– OW–2023–0566, by the following method: • Federal eRulemaking Portal: https://www.regulations.gov/. Follow the online instructions for submitting comments. Instructions: All submissions received must include the EPA–R06–OW–2023– 0566 for this Initial Designation Determination. Comments received may be posted without change to https:// www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the Initial Designation Determination, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For further information contact Ms. Evelyn Rosborough via email: rosborough.evelyn@epa.gov, or may be mailed to Ms. Evelyn Rosborough, Environmental Protection Agency, Region 6, Water Division (6WQ–NP), 1201 Elm Street, Suite 500, Dallas, TX 75270. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Public Participation lotter on DSK11XQN23PROD with NOTICES1 A. Written Comments Submit your comments as detailed in the ADDRESSES section. Do not submit to EPA any information you consider to be Confidential Business Information (CBI), Proprietary Business Information (PBI), or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). B. Participation in Virtual Public Meeting More information on how to participate in the informal virtual public meeting planned for January 2024 will be available soon via the New Mexico section of the Public Notices at U.S. EPA web page at https://www.epa.gov/ publicnotices. Public comments will not be accepted during the public meeting, but the date of the meeting will provide at least two weeks after the meeting to submit written comments prior to the end of the public comment period. VerDate Sep<11>2014 18:47 Nov 30, 2023 Jkt 262001 II. General Information A. Does this action apply to me? Small MS4s operated by the County of Los Alamos, Los Alamos National Laboratory, including Triad National Security, LLC and the U.S. Department of Energy’s National Nuclear Security Administration, and the New Mexico Department of Transportation would potentially be regulated as a result of this action. To determine whether your entity is affected by this action, you should also review the description of EPA’s action in Section II.B of this notice and the Initial Designation Determination document available in Docket ID No. EPA–R06–OW–2023– 0566 at the Federal eRulemaking Portal: https://www.regulations.gov/ or online via the Public Notice web page for New Mexico at: https://www.epa.gov/ publicnotices. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the FOR FURTHER INFORMATION CONTACT section. B. Summary and Availability of Designation Documents The Regional Administrator of EPA Region 6 has made an initial designation of stormwater discharges from certain MS4s for regulation under the NPDES permitting program pursuant to Section 402(p)(2)(E) and (6) of the CWA and EPA’s implementing regulations at 40 CFR 122.26(a)(9)(i)(C)–(D). Those provisions authorize the Agency to regulate stormwater discharges that contribute to a WQS violation or that are a significant contributor of pollutants to waters of the United States, or where controls are needed based on wasteload allocations that are part of total maximum daily loads. This authority is often referred to as ‘‘residual designation authority’’ or RDA. EPA is providing notice of its revised initial designation that storm water discharges from the Los Alamos Urban Area (as defined by the latest decennial Census) and LANL property in Los Alamos County and Santa Fe County, New Mexico are contributing to violations of New Mexico WQS and require NPDES permit coverage under the CWA. This proposed initial designation revises EPA’s prior December 16, 2019, decision designating stormwater discharges from small MS4s operated by the County of Los Alamos, LANL, and the New Mexico Department of Transportation for NPDES permitting. The County of Los Alamos filed a petition for review of EPA’s 2019 designation with the U.S. Court of Appeals for the Tenth Circuit. Following the filing of the petition for PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 review, EPA filed a motion for voluntary remand to reconsider its response to the Petition considering the Supreme Court’s intervening decision in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020) (Maui) and based on other relevant factors. On January 21, 2022, the Court granted EPA’s motion, remanding the matter to EPA ‘‘for the limited purpose of reconsidering the EPA’s decision that is the subject of this petition for review. Specifically, the EPA should reconsider its decision in light of the Supreme Court’s decision in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020). The EPA may conduct any and all proceedings it deems necessary and appropriate to reconsider the decision at issue in this case.’’ Order, United States Court of Appeals, Tenth Circuit, January 21, 2022, Case #20–9534, at 2. In addition to considering the Supreme Court’s decision in Maui, EPA has also considered the facts at issue in this matter considering the recent Supreme Court decision in Sackett v. EPA, 598 U.S. 651, 143 S. Ct. 1322 (2023). EPA has carefully considered all record information, including stormwater discharge data collected by NMED, LANL, and the Buckman Direct Diversion, NMED’s water quality assessments and lists of impaired waters and any supplemental information submitted by LANL or the County regarding EPA’s previous 2019 designation decision, as well as the public comments submitted on that decision. EPA also conducted a site visit in September 2022 to examine firsthand the effects of the discharges and waters at issue. EPA is hereby proposing its initial determination for public comment. EPA is soliciting public comment and may revise its findings based on public input. Upon reconsideration of the Petition on remand, EPA has initially determined that stormwater discharges from small MS4s located in the Los Alamos Urban Area as defined by the latest decennial Census and MS4s located on LANL property within Los Alamos and Santa Fe Counties, New Mexico require NPDES permit coverage because the discharges are contributing to violations of NM WQS in waters of the United States. The initial designation plus supplementary information relating to it are available on the EPA Public Notice web page at: https://www.epa.gov/publicnotices. Please refer to that website to review these materials and then follow the directions above in this Notice for submitting any comments. E:\FR\FM\01DEN1.SGM 01DEN1 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices Dated: November 27, 2023. Dzung Kim Ngo Kidd, Acting Director, Water Division, Region 6. [FR Doc. 2023–26437 Filed 11–30–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–11578–01–R3] Delegation of Authority to the Commonwealth of Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards Environmental Protection Agency (EPA). ACTION: Notice of delegation of authority. AGENCY: On October 24, 2023, the Environmental Protection Agency (EPA) sent the Commonwealth of Virginia (Virginia) a letter acknowledging that Virginia’s delegation of authority to implement and enforce the National Emissions Standards for Hazardous Air Pollutants (NESHAPs) and New Source Performance Standards (NSPS) had been updated, as provided for under previously approved delegation mechanisms. To inform regulated facilities and the public, EPA is making available a copy of EPA’s letter to Virginia through this notice. DATES: On October 24, 2023, EPA sent Virginia a letter acknowledging that Virginia’s delegation of authority to implement and enforce certain Federal NSPS and NESHAPs had been updated. ADDRESSES: Copies of documents pertaining to this action are available for public inspection during normal business hours at the Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1600 John F. Kennedy Blvd., Philadelphia, PA 19103–2029. Copies of Virginia’s submittal are also available at the Virginia Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219. FOR FURTHER INFORMATION CONTACT: Yongtian He, Permits Branch (3AD10), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, Four Penn Center, 1600 JFK Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814–2339, or Mr. He can also be reached via electronic mail at He.Yongtian@ epa.gov. SUPPLEMENTARY INFORMATION: On March 16, 2023, Virginia notified EPA that Virginia had updated its incorporation lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:47 Nov 30, 2023 Jkt 262001 by reference of Federal NSPS, NESHAP, and Maximum Available Control Technology (MACT) standards to include many such standards, as they were published in final form in the Code of Federal Regulations (CFR) dated July 1, 2022. On October 24, 2023, EPA sent Virginia a letter acknowledging that Virginia now has the authority to implement and enforce the NSPS, NESHAP, and MACT standards as specified by Virginia in its notice to EPA, as provided for under previously approved automatic delegation mechanisms. All notifications, applications, reports, and other correspondence required pursuant to the delegated NSPS, NESHAP, and MACT must be submitted to both EPA, Region III and to the Virginia Department of Environmental Quality, unless the delegated standard specifically provides that such submittals may be sent to EPA or a delegated State. In such cases, the submittals should be sent only to the Virginia Department of Environmental Quality. A copy of EPA’s letter to Virginia follows: ‘‘Michael G. Dowd, Director Air Division Virginia Department of Environmental Quality P.O. Box 1105 Richmond, VA 23218 Dear Mr. Dowd: The United States Environmental Protection Agency (EPA) has previously delegated to the Commonwealth of Virginia (Virginia) the authority to implement and enforce various federal New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), and National Emission Standards for Hazardous Air Pollutants for Source Categories (MACT standards) which are found at 40 CFR parts 60, 61 and 63, respectively. In those actions, EPA also delegated to Virginia the authority to implement and enforce any future federal NSPS, NESHAP or MACT Standards on the condition that Virginia legally adopt the future standards, make only allowed wording changes, and provide specified notice to EPA. In a letter dated March 16, 2023, Virginia submitted to EPA revised versions of Virginia’s regulations which incorporate by reference specified federal NSPS, NESHAP and MACT standards, as those federal standards had been published in final form in the Code of Federal Regulations dated July 1, 2022. Virginia committed to enforcing the federal standards in conformance with the terms of EPA’s previous delegations of authority and made only allowed wording changes. Virginia stated that it had submitted the revisions ‘‘to retain its authority to enforce the NSPSs and NESHAPs under the delegation of authority granted by EPA on August 27, 1981 (46 FR 43300) and to enforce PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 83939 the MACT standards under the delegation of authority granted by EPA on January 26, 1999 (64 FR 3938) and January 8, 2002 (67 FR 825).’’ Virginia provided copies of its revised regulations which specify the NSPS, NESHAP and MACT Standards which it had adopted by reference. Virginia’s revised regulations are entitled 9 VAC 5–50 ‘‘New and Modified Stationary Sources,’’ and 9 VAC 5–60 ‘‘Hazardous Air Pollutant Sources.’’ These revised regulations have an effective date of March 15, 2023. Based on Virginia’s submittal, EPA acknowledges that EPA’s delegations to Virginia of the authority to implement and enforce EPA’s NSPS, NESHAP, and MACT standards have been updated, as provided for under the terms of EPA’s previous delegation of authority actions, to allow Virginia to implement and enforce the federal NSPS, NESHAP and MACT standards which Virginia has adopted by reference as specified in Virginia’s revised regulations 9 VAC 5–50 and 9 VAC 5–60, both effective on March 15, 2023. EPA appreciates Virginia’s continuing NSPS, NESHAP and MACT standards enforcement efforts, and also Virginia’s decision to take automatic delegation of additional or updated NSPS, NESHAP and MACT standards by adopting them by reference. Sincerely, Cristina Fernandez, Director Air and Radiation Division’’ This notice acknowledges the update of Virginia’s delegation of authority to implement and enforce NSPS, NESHAP, and MACT standards. Cristina Fernandez, Director, Air and Radiation Division, Region III. [FR Doc. 2023–26440 Filed 11–30–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL OP–OFA–098] Environmental Impact Statements; Notice of Availability Responsible Agency: Office of Federal Activities, General Information 202– 564–5632 or https://www.epa.gov/nepa. Weekly receipt of Environmental Impact Statements (EIS) Filed November 17, 2023 10 a.m. EST Through November 27, 2023 10 a.m. EST Pursuant to 40 CFR 1506.9. Notice: Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA’s comment letters on EISs are available at: https:// cdxapps.epa.gov/cdx-enepa-II/public/ action/eis/search. E:\FR\FM\01DEN1.SGM 01DEN1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83937-83939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26437]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R06-OW-2023-0566; FRL-11561-01-R6]


Notice of Availability of Initial Revised Designation of Certain 
Stormwater Discharges in the State of New Mexico Under the National 
Pollutant Discharge Elimination System of the Clean Water Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 6 is 
providing notice of an initial revised designation determination that 
storm water discharges from the Los Alamos Urban Area (as defined by 
the latest decennial Census) and Los Alamos National Laboratory (LANL) 
property in Los Alamos County and Santa Fe County, New Mexico are 
contributing to violations of New Mexico water quality standards (WQS) 
and require National Pollutant Discharge Elimination System (NPDES) 
permit coverage under the Clean Water Act (CWA). This action is in 
response to a June 30, 2014, petition filed with EPA by Amigos Bravos 
entitled ``A Petition by Amigos Bravos for a Determination that Storm 
Water Discharges in Los Alamos County Contribute to Water Quality 
Standards Violations and Require a Clean Water Act Permit,'' and 
revises the Agency's prior December 16, 2019, designation decision, 
which was remanded to EPA for reconsideration by the Tenth Circuit 
Court of Appeals.

DATES: Comments must be received on or before February 29, 2024. The 
``Initial Revised Designation Decision and Record of Initial Decision 
in Response to A Petition by Amigos Bravos for a Determination that 
Stormwater Discharges in Los Alamos County Contribute to Water Quality 
Standards Violations and Require Clean Water Act Permit Coverage'' was 
signed on November 6, 2023. The EPA will hold an informal virtual 
public meeting in January 2024, at least two weeks before the end of 
the public comment period. Please refer to the SUPPLEMENTARY 
INFORMATION section for additional information on the public hearing.

[[Page 83938]]


ADDRESSES: You may send comments on the Initial Designation 
Determination, identified by Docket ID No. EPA-R06-OW-2023-0566, by the 
following method:
     Federal eRulemaking Portal: https://www.regulations.gov/. 
Follow the online instructions for submitting comments.
    Instructions: All submissions received must include the EPA-R06-OW-
2023-0566 for this Initial Designation Determination. Comments received 
may be posted without change to https://www.regulations.gov/, including 
any personal information provided. For detailed instructions on sending 
comments and additional information on the Initial Designation 
Determination, see the ``Public Participation'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For further information contact Ms. 
Evelyn Rosborough via email: [email protected], or may be 
mailed to Ms. Evelyn Rosborough, Environmental Protection Agency, 
Region 6, Water Division (6WQ-NP), 1201 Elm Street, Suite 500, Dallas, 
TX 75270.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Written Comments

    Submit your comments as detailed in the ADDRESSES section. Do not 
submit to EPA any information you consider to be Confidential Business 
Information (CBI), Proprietary Business Information (PBI), or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system).

B. Participation in Virtual Public Meeting

    More information on how to participate in the informal virtual 
public meeting planned for January 2024 will be available soon via the 
New Mexico section of the Public Notices at U.S. EPA web page at 
https://www.epa.gov/publicnotices. Public comments will not be accepted 
during the public meeting, but the date of the meeting will provide at 
least two weeks after the meeting to submit written comments prior to 
the end of the public comment period.

II. General Information

A. Does this action apply to me?

    Small MS4s operated by the County of Los Alamos, Los Alamos 
National Laboratory, including Triad National Security, LLC and the 
U.S. Department of Energy's National Nuclear Security Administration, 
and the New Mexico Department of Transportation would potentially be 
regulated as a result of this action. To determine whether your entity 
is affected by this action, you should also review the description of 
EPA's action in Section II.B of this notice and the Initial Designation 
Determination document available in Docket ID No. EPA-R06-OW-2023-0566 
at the Federal eRulemaking Portal: https://www.regulations.gov/ or 
online via the Public Notice web page for New Mexico at: https://www.epa.gov/publicnotices. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the FOR FURTHER INFORMATION CONTACT section.

B. Summary and Availability of Designation Documents

    The Regional Administrator of EPA Region 6 has made an initial 
designation of stormwater discharges from certain MS4s for regulation 
under the NPDES permitting program pursuant to Section 402(p)(2)(E) and 
(6) of the CWA and EPA's implementing regulations at 40 CFR 
122.26(a)(9)(i)(C)-(D). Those provisions authorize the Agency to 
regulate stormwater discharges that contribute to a WQS violation or 
that are a significant contributor of pollutants to waters of the 
United States, or where controls are needed based on wasteload 
allocations that are part of total maximum daily loads. This authority 
is often referred to as ``residual designation authority'' or RDA. EPA 
is providing notice of its revised initial designation that storm water 
discharges from the Los Alamos Urban Area (as defined by the latest 
decennial Census) and LANL property in Los Alamos County and Santa Fe 
County, New Mexico are contributing to violations of New Mexico WQS and 
require NPDES permit coverage under the CWA.
    This proposed initial designation revises EPA's prior December 16, 
2019, decision designating stormwater discharges from small MS4s 
operated by the County of Los Alamos, LANL, and the New Mexico 
Department of Transportation for NPDES permitting. The County of Los 
Alamos filed a petition for review of EPA's 2019 designation with the 
U.S. Court of Appeals for the Tenth Circuit. Following the filing of 
the petition for review, EPA filed a motion for voluntary remand to 
reconsider its response to the Petition considering the Supreme Court's 
intervening decision in County of Maui v. Hawaii Wildlife Fund, 140 S. 
Ct. 1462 (2020) (Maui) and based on other relevant factors. On January 
21, 2022, the Court granted EPA's motion, remanding the matter to EPA 
``for the limited purpose of reconsidering the EPA's decision that is 
the subject of this petition for review. Specifically, the EPA should 
reconsider its decision in light of the Supreme Court's decision in 
County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020). The EPA 
may conduct any and all proceedings it deems necessary and appropriate 
to reconsider the decision at issue in this case.'' Order, United 
States Court of Appeals, Tenth Circuit, January 21, 2022, Case #20-
9534, at 2. In addition to considering the Supreme Court's decision in 
Maui, EPA has also considered the facts at issue in this matter 
considering the recent Supreme Court decision in Sackett v. EPA, 598 
U.S. 651, 143 S. Ct. 1322 (2023). EPA has carefully considered all 
record information, including stormwater discharge data collected by 
NMED, LANL, and the Buckman Direct Diversion, NMED's water quality 
assessments and lists of impaired waters and any supplemental 
information submitted by LANL or the County regarding EPA's previous 
2019 designation decision, as well as the public comments submitted on 
that decision. EPA also conducted a site visit in September 2022 to 
examine first-hand the effects of the discharges and waters at issue. 
EPA is hereby proposing its initial determination for public comment. 
EPA is soliciting public comment and may revise its findings based on 
public input.
    Upon reconsideration of the Petition on remand, EPA has initially 
determined that stormwater discharges from small MS4s located in the 
Los Alamos Urban Area as defined by the latest decennial Census and 
MS4s located on LANL property within Los Alamos and Santa Fe Counties, 
New Mexico require NPDES permit coverage because the discharges are 
contributing to violations of NM WQS in waters of the United States. 
The initial designation plus supplementary information relating to it 
are available on the EPA Public Notice web page at: https://www.epa.gov/publicnotices. Please refer to that website to review these 
materials and then follow the directions above in this Notice for 
submitting any comments.


[[Page 83939]]


    Dated: November 27, 2023.
Dzung Kim Ngo Kidd,
Acting Director, Water Division, Region 6.
[FR Doc. 2023-26437 Filed 11-30-23; 8:45 am]
BILLING CODE 6560-50-P

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