New Mexico Register / Volume XXXI, Issue 9 / May 5, 2020

This is an amendments to 20.6.4 NMAC, Section 318, effective 05/22/2020.

20.6.4.318 CANADIAN RIVER BASIN: Doggett creek.

A. Designated uses: Warm water aquatic life, livestock watering, wildlife habitat and primary contact.

B. Criteria: The use-specific criteria in 20.6.4.900 NMAC are applicable to the designated uses, except that the following site-specific criteria apply: the monthly geometric mean of E. coli bacteria 206 cfu/100 mL or less, single sample 940 cfu/100 mL or less.

C. Discharger-specific temporary standard:

(1) Discharger: City of Raton wastewater treatment plant

(2) NPDES permit number: NM0020273, Outfall 001

(3) Receiving waterbody: Doggett creek, 20.6.4.318 NMAC

(4) Discharge latitude/longitude: 36° 52' 13.91" N / 104° 25' 39.18" W

(5) Pollutant(s): nutrients; total nitrogen and total phosphorus

(6) Factor of issuance: substantial and widespread economic and social impacts (40 CFR 131.10(g)(6))

(7) Highest attainable condition: interim effluent condition of 8.0 mg/L total nitrogen and 1.6 mg/L total phosphorus as 30-day averages. The highest attainable condition shall be either the highest attainable condition identified at the time of the adoption, or any higher attainable condition later identified during any reevaluation, whichever is more stringent (40 CFR 131.14(b)(1)(iii)).

(8) Effective date of temporary standard: This temporary standard becomes effective for Clean Water Act purposes on the date of EPA approval.

(9) Expiration date of temporary standard: no later than 20 years from the effective date.

(10) Reevaluation period: at each succeeding review of water quality standards and at least once every five years from the effective date of the temporary standard (20.6.4.10.F(8) NMAC, 40 CFR 131.14(b)(1)(v)). If the discharger cannot demonstrate that sufficient progress has been made the commission may revoke approval of the temporary standard or provide additional conditions to the approval of the temporary standard. If the reevaluation is not completed at the frequency specified or the Department does not submit the reevaluation to EPA within 30 days of completion, the underlying designated use and criterion will be the applicable water quality standard for Clean Water Act purposes until the Department completes and submits the reevaluation to EPA. Public input on the reevaluation will be invited during NPDES permit renewals or triennial reviews, as applicable, in accordance with the State’s most current approved water quality management plan and continuing planning process.

(11) Timeline for proposed actions. Tasks and target completion dates are listed in the most recent, WQCC-approved version of the New Mexico Environment Department, Surface Water Quality Bureau’s “Nutrient Temporary Standards for City of Raton Wastewater Treatment Plant, NPDES No. NM0020273 to Doggett Creek.”

[20.6.4.318 NMAC - N, 5/22/2020]