Notice2022-13143
United States-Mexico-Canada Agreement Mitigation of Contaminated Transboundary Flows Project
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 17, 2022
Issuing agencies
Environmental Protection AgencyInternational Boundary and Water Commission, United States and Mexico
Abstract
In accordance with regulations implementing the National Environmental Policy Act (NEPA), as amended, the Environmental Protection Agency (EPA) and U.S. International Boundary and Water Commission (USIBWC), as joint lead agencies, have prepared a Draft Programmatic Environmental Impact Statement (Draft PEIS) for the proposed United States-Mexico-Canada Agreement (USMCA) Mitigation of Contaminated Transboundary Flows Project (the Proposed Action). The Proposed Action involves the planning, design, and construction of infrastructure to reduce transboundary flows of untreated wastewater (sewage), trash, and sediment that routinely enter the U.S. from Mexico via the Tijuana River, its tributaries, and across the maritime boundary along the San Diego County coast. These transboundary flows impact public health and the environment and have been linked to beach closures along the San Diego County coast. EPA and USIBWC have evaluated the Proposed Action, including alternatives, located in the Tijuana River area in southern San Diego County, California in the U.S. and in the Tijuana region in Mexico. This Notice initiates the comment process by inviting comments from Federal, State, and local agencies; Native American tribes; interested stakeholders; and the public on the Proposed Action, including alternatives, and environmental consequences examined in the Draft PEIS. EPA and USIBWC are also providing notice of virtual public comment meetings that are open to all interested parties.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 117 (Friday, June 17, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36487-36489]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13143]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
UNITED STATES INTERNATIONAL BOUNDARY AND WATER COMMISSION
[FRL-9919-01-R9]
United States-Mexico-Canada Agreement Mitigation of Contaminated
Transboundary Flows Project
AGENCY: Environmental Protection Agency (EPA); United States
International Boundary and Water Commission.
ACTION: Notice of availability of draft programmatic environmental
impact statement; notice of virtual public comment meetings; request
for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with regulations implementing the National
Environmental Policy Act (NEPA), as amended, the Environmental
Protection Agency (EPA) and U.S. International Boundary and Water
Commission (USIBWC), as joint lead agencies, have prepared a Draft
Programmatic Environmental Impact Statement (Draft PEIS) for the
proposed United States-Mexico-Canada Agreement (USMCA) Mitigation of
Contaminated Transboundary Flows Project (the Proposed Action). The
Proposed Action involves the planning, design, and construction of
infrastructure to reduce transboundary flows of untreated wastewater
(sewage), trash, and sediment that routinely enter the U.S. from Mexico
via the Tijuana River, its tributaries, and across the maritime
boundary along the San Diego County coast. These transboundary flows
impact public health and the environment and have been linked to beach
closures along the San Diego County coast. EPA and USIBWC have
evaluated the Proposed Action, including alternatives, located in the
Tijuana River area in southern San Diego County, California in the U.S.
and in the Tijuana region in Mexico. This Notice initiates the comment
process by inviting comments from Federal, State, and local agencies;
Native American tribes; interested stakeholders; and the public on the
Proposed Action, including alternatives, and environmental consequences
examined in the Draft PEIS. EPA and USIBWC are also providing notice of
virtual public comment meetings that are open to all interested
parties.
DATES: Public comment meetings will be held virtually on July 19, 2022,
6:30 p.m. to 8:30 p.m. Pacific Daylight Time (PDT) and July 20, 2022, 2
p.m. to 4 p.m. (PDT). A formal presentation on the proposed project
will be provided at the meetings, followed by an opportunity for public
comment. Written public comments are due to EPA and USIBWC by 5:00 p.m.
(PDT) within the 45 days from the date of the publication of the EPA
Notification of Availability of Programmatic Environmental Impact
Statements in the Federal Register. Please go to: <a href="https://www.epa.gov/sustainable-water-infrastructure/usmca-tijuana-river-watershed">https://www.epa.gov/sustainable-water-infrastructure/usmca-tijuana-river-watershed</a> for more
information regarding the public comment meetings.
ADDRESSES: Written comments shall be submitted to the following email
address: <a href="/cdn-cgi/l/email-protection#d98db0b3acb8b7b8f48dabb8b7aabbb6acb7bdb8aba0f49c908a99bca9b8f7beb6af"><span class="__cf_email__" data-cfemail="095d60637c686768245d7b68677a6b667c676d687b70244c405a496c7968276e667f">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Elizabeth Borowiec, 415-972-3419,
<a href="/cdn-cgi/l/email-protection#f2909d809d859b9791dc979e9b88939097869ab2978293dc959d84"><span class="__cf_email__" data-cfemail="6c0e031e031b05090f42090005160d0e0918042c091c0d420b031a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background: EPA and USIBWC, as joint lead agencies, in accordance
with the requirements of NEPA (42 U.S.C. 4321-4347), Council on
Environmental Quality NEPA Implementing Regulations (40 Code of Federal
Regulations [CFR] 1500-1508 [2022]), EPA Procedures for Implementing
NEPA (40 CFR part 6), and USIBWC NEPA Implementing Procedures (48 FR
44083), have prepared a Draft PEIS for the Proposed Action. EPA and
USIBWC invite public comment on the scope of the Draft PEIS, the
Proposed Action (including alternatives considered), specific
environmental issues evaluated, relevant information and analyses, the
identified impacts of the alternatives, and applicable mitigation
measures.
The San Diego-Tijuana region has faced persistent transboundary
flows of contaminated wastewater originating in Mexico for many years.
The three primary entryways of these transboundary flows into the U.S.
are in coastal waters of the Pacific Ocean, the Tijuana River, and
tributaries flowing north through canyons to the Tijuana River.
Seasonal marine currents cause coastal discharges of largely untreated
wastewater (sewage) from the Tijuana area to migrate north along the
Pacific Ocean coast into the U.S. These discharges impact southern San
Diego County beaches, especially during the summer. Additionally,
transboundary flows in the Tijuana River and its
[[Page 36488]]
canyon tributaries routinely reach the U.S., bringing untreated
wastewater (sewage), trash, and sediment into the U.S. These
contaminated flows can reach the Pacific Ocean through the Tijuana
River Valley and Estuary and migrate north along the coast, compounding
the impacts of coastal discharges from the Tijuana area. Collectively,
these polluted transboundary flows impact the environment and public
health in communities along the border and the coast, public access to
beaches and recreational opportunities in southern California, and the
personnel and activities of U.S. Customs and Border Protection (CBP)
and the U.S. Navy.
For several years, EPA and USIBWC have engaged with agencies,
elected officials, and stakeholder groups in the San Diego-Tijuana
region in both the U.S. and Mexico to address transboundary pollution
issues. The USMCA Implementation Act, signed into law in January 2020,
appropriated funds to EPA for implementation of wastewater
infrastructure projects at the U.S.-Mexico border and authorized EPA,
in coordination with eligible public entities, to plan, design, and
construct wastewater (including stormwater) treatment projects in the
Tijuana River area. In accordance with the USMCA legislation, EPA
established the Eligible Public Entities Coordinating Group, consisting
of Federal, State, and local stakeholders, and solicited their input on
a set of project options to be considered for evaluation.
On April 5, 2021, EPA published a Notice of Intent (NOI) to prepare
an EIS (86 FR 17595) for the Proposed Action. Since the NOI was issued,
EPA identified specific alternatives to be evaluated and prepared a
Draft Programmatic EIS (Draft PEIS) for the Proposed Action, which sets
forth a framework for tiered decision making in accordance with 40 CFR
1501.11.
Purpose and Need for the Proposed Action: In accordance with the
Clean Water Act and the USMCA Implementation Act, the purpose and need
of this action is to reduce transboundary flows from Tijuana that
convey pollutants, sewage, and/or trash into the U.S. and cause adverse
public health and environmental impacts in the Tijuana River watershed
and neighboring coastal areas in the U.S. as described in the preceding
section.
Purpose of the Programmatic EIS: The Draft PEIS is a programmatic
NEPA document that evaluates environmental impacts of broad agency
actions such as a wide range of individual projects, implementation
over a long timeframe, or implementation across a large geographic
area. The Draft PEIS establishes a tiering process for subsequent
agency decisions that is supported, in part, by the analysis detailed
in the Draft PEIS. The initial programmatic decision to be made in this
Draft PEIS is whether EPA and the USIBWC should consider funding and
implementing water infrastructure projects that reduce transboundary
flows in the Tijuana River watershed and adjacent coastal areas. The
Draft PEIS evaluates: (1) the No-Action Alternative (no disbursement of
funding and continuation of current wastewater management practices;
(2) Alternative 1 (a limited approach); or (3) Alternative 2 (a more
comprehensive solution). The Core projects found in Alternative 1 are
sufficiently developed to be ready for decision making and, after
completing the NEPA process, would be considered analyzed in sufficient
detail for immediate action. In contrast, Alternative 2 includes a
larger range of projects known as the Supplemental Projects, several of
which are not yet ready for decision making. These Supplemental
Projects require additional consideration in subsequent tiered NEPA
documents before a decision can be made and action can be taken (for
additional information on tiering, refer to 40 CFR 1501.11). By
establishing this Draft PEIS, EPA and USIBWC aim to accomplish the
following:
<bullet> Make a broad programmatic decision about which funding
approach to take,
<bullet> Provide a comprehensive baseline analysis from which
subsequent site-specific proposals (Supplemental Projects) can be
tiered,
<bullet> Efficiently analyze and make decisions on funds for Core
Projects that are more evolved in planning and design than Supplemental
Projects and thus ready for decision making,
<bullet> Avoid repetition by using the Draft PEIS as a foundation
for the environmental review in subsequent tiered NEPA documents, and
<bullet> Streamline the later environmental review processes of
Supplemental Projects so that they may move forward as soon as they are
sufficiently developed for decision making and action.
Proposed Action and Alternatives: The EPA and IBWC's Proposed
Action is the implementation of projects to address impacts from
transboundary flows in the Tijuana River watershed and adjacent coastal
areas. Because of the programmatic nature of the decisions to be made,
only the Core projects could be implemented at the completion of this
NEPA process. The Supplemental projects would require additional tiered
review before being implemented. The Proposed Action addresses the
purpose and need stated above by:
<bullet> Reducing the generation and/or discharge of contaminated
flows from point and nonpoint sources of pollution in the Tijuana
region,
<bullet> Improving the collection and/or treatment of contaminated
flows in the Tijuana region before they reach the U.S.-Mexico border,
and
<bullet> Improving the collection and/or treatment of contaminated
transboundary flows in the U.S.
The Draft PEIS evaluates a No-Action Alternative and two
alternatives for implementing the Proposed Action:
<bullet> No-Action Alternative. This alternative would not
implement the Proposed Action. NEPA requires that a No-Action
Alternative be analyzed to determine the environmental consequences of
not undertaking the Proposed Action, and thereby providing a baseline
against which the potential beneficial and adverse environmental
impacts of action alternatives can be evaluated and compared.
<bullet> Alternative 1: Core Projects. Under this alternative, EPA
would fund some components of the Comprehensive Infrastructure Solution
that are the responsibility of the U.S., pursuant to the terms of the
final cost sharing agreement between the U.S. and Mexico. This approach
would fund and implement only those projects that are sufficiently
developed and ready for decision making and is not expected to require
substantial additional U.S. funding beyond the USMCA Implementation Act
appropriation and funds from existing programs such as EPA's Border
Water Infrastructure Program (BWIP). Alternative 1 includes four Core
Projects: Projects A (Expanded South Bay International Wastewater
Treatment Plant [ITP]), B (Tijuana Canyon Flows to ITP), C (Tijuana
Sewer Repairs), and D (Advanced Primary Treatment Plant [APTP] Phase
1).
<bullet> Alternative 2: Core and Supplemental Projects. Under this
alternative, EPA would use U.S. appropriations to fund all components
of the Comprehensive Infrastructure Solution that are the
responsibility of the U.S., pursuant to the terms of the final cost
sharing agreement between the U.S. and Mexico. This more comprehensive
approach is expected to require additional funding beyond the USMCA
Implementation Act appropriations and funds from existing programs such
as EPA's BWIP. EPA is in the process of identifying additional
opportunities for Federal funding and/
[[Page 36489]]
or State appropriations that could be used to fully implement the
Comprehensive Infrastructure Solution. Alternative 2 includes the four
Core Projects (from Alternative 1) and six Supplemental Projects (10
projects in total) and would provide a more comprehensive solution for
reducing contaminated transboundary flows. The six Supplemental
Projects are Projects E (APTP Phase 2), F (U.S.-side River Diversion to
APTP), G (New San Antonio de los Buenos Wastewater Treatment Plant
[SABTP]), H (Tijuana Wastewater Treatment Plant Treated Effluent
Reuse), I (ITP Treated Effluent Reuse), and J (Trash Boom[s]).
A preferred alternative has not been identified at this time.
Descriptions of the alternatives, including descriptions of Core and
Supplemental Projects, can be found in the Draft PEIS and on the
project website at <a href="https://www.epa.gov/sustainable-water-infrastructure/usmca-tijuana-river-watershed">https://www.epa.gov/sustainable-water-infrastructure/usmca-tijuana-river-watershed</a>.
Summary of Expected Impacts: The Proposed Action is expected to
have beneficial impacts to public safety and water quality in the
Tijuana River watershed and adjacent coastal areas. The Proposed Action
covers a large geographic area and would impact a broad range of
resource areas, including water resources, geologic resources, the
coastal zone, air quality, climate, biological resources, cultural
resources, land use, visual resources, solid and hazardous waste,
energy, public services and utilities, public health and safety,
transportation, noise, socioeconomics, and environmental justice. The
impacts to these resources are analyzed in the Draft PEIS.
Anticipated Permits and Authorization: Implementation of the
Proposed Action may require Federal authorizations, permits, or
consultants pursuant to the Endangered Species Act, Clean Water Act,
National Historic Preservation Act, and Coastal Zone Management Act.
EPA has initiated engagement with Federal agencies such as the U.S.
Fish and Wildlife Service, National Marine Fisheries Service, and U.S.
Army Corps of Engineers and is working closely with other binational,
State, and local agencies and stakeholders.
Public Comment: EPA and USIBWC have established a 45-day public
comment period for the Draft PEIS. The 45-day public comment period
will start upon publication of the EPA Notice of Availability (NOA) of
Programmatic Environmental Impact Statements in the Federal Register.
Comments on the Draft PEIS must be received by 5 p.m. Pacific Daylight
Time within 45 days after publication of the NOA. EPA and USIBWC are
requesting written comments from Federal, State, and local governments,
industry, non-governmental organizations, and the general public on:
<bullet> The range of alternatives considered,
<bullet> The environmental issues evaluated,
<bullet> The submitted alternatives, information, and analyses and
the summary thereof, and/or
<bullet> Measures to mitigate the environmental consequences of the
Proposed Action.
Public comment meetings will be held virtually on July 19, 2022.
and July 20, 2022. Consult the ``Dates'' section above for further
information on the public comment meetings. All interested parties are
encouraged to attend. Pursuant to 40 CFR 1503.3, comments on the Draft
PEIS shall be as specific as possible, may address the adequacy of the
Draft PEIS and/or the merits of the alternatives, and shall provide
sufficient detail to meaningfully participate and fully inform EPA and
USIBWC of the commenter's position. Commenters should explain the
importance of their comments to the consideration of potential impacts
and alternatives to the Proposed Action, as well as economic and
employment impacts, and other impacts affecting the quality of the
human environment. Comments on the submitted alternatives, information,
and analyses and summary should be as specific as possible. Comments
and objections of any kind shall be raised within the comment period on
the Draft PEIS. Commentors should reference the corresponding section
or page number of the Draft PEIS; propose specific changes where
possible; and include data sources and methodologies supporting any
proposed changes.
Estimated Date of Final PEIS Release: Once the public review and
comment process is complete, EPA and USIBWC will prepare a Final PEIS
and will publish a Federal Register notice announcing its public
availability. EPA and USIBWC will provide the public with an
opportunity to review and comment on the Final PEIS. After EPA and
USIBWC consider those comments, EPA and USIBWC will prepare the final
ROD and similarly announce its availability. Comments received during
the Draft PEIS review period will be made available in the Final PEIS.
The Final PEIS is expected to be released by November 2022.
Martha Guzman Aceves,
Regional Administrator, Environmental Protection Agency Region IX.
Mariaelena Giner,
Commissioner (U.S. Section), International Boundary and Water
Commission, United States and Mexico United States Section.
[FR Doc. 2022-13143 Filed 6-16-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 17, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.