Summary

EPA is issuing a notice of proposed action under the Clean Water Act to reopen a National Pollutant Discharge Elimination System (NPDES) permit NN0028193 issued to: The Navajo Transitional Energy Company (NTEC) for the Navajo Mine located in Fruitland, San Juan County, New Mexico.

Following the issuance of the permit for the above referenced facility in March 2018, Bisti Fuels Company LLC, the operator/permittee, requested modification of the permit in a letter dated November 11, 2019 to authorize the construction of one new outfall and the conversion of nine existing outfalls from existing Alkaline Mine Drainage to Western Alkaline Drainage in order to facilitate the Geomorphic Reclamation of mined areas and provide suitable land surface for post-mine land usage including grazing and wildlife use. The permittee has identified the locations of the one new outfall and nine existing outfalls for conversion, all of which are within the existing mine area.  As both the geographic scope and timeframe of these modifications is clearly identified, EPA is proposing that no additional notification is necessary in the future for these on-going changes and is re-opening Section D. Permit Reopener/Reclassification of Outfalls to clarify this. The proposed modified permit language and amended factsheet language are available on this website. EPA is now soliciting comments on just this specific section of the permit.