EPA's Stormwater Rules Hit Tribal Towns in NM and OK
Published Date: 3/4/2026
Notice
Summary
The EPA is proposing a new permit for stormwater systems in tribal urban areas across New Mexico and Oklahoma. This means certain tribal towns will have new rules to keep stormwater clean and safe. People have until May 4, 2026, to share their thoughts, and the changes could affect how these communities manage stormwater, possibly impacting budgets and local projects.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 3 costs, 0 mixed.
New Permit Requires MS4 Pollution Controls
Tribal municipal storm sewer systems (MS4s) in New Mexico and Oklahoma would be required to follow a new NPDES general permit (NMR04I000/OKR04I000) that prohibits non-stormwater discharges and requires controls to reduce pollutants to the "maximum extent practicable" (MEP). The permit requires implementing best management practices (BMPs) through a Stormwater Management Program (SWMP) that addresses the six minimum control measures in 40 CFR 122.34(b).
Coverage Extends to Tribal Urbanized Areas
The proposed permit would authorize discharges for regulated Tribal MS4s located within the Bureau of the Census-designated 2000, 2010, and 2020 urbanized areas in New Mexico and Oklahoma and any other MS4s designated by the Director. The permit combines Phase I and Phase II MS4 coverage, so both previously regulated large/medium systems and Phase II small MS4s in those urbanized areas are included in a single general permit.
Possible Budget and Local Project Effects
EPA notes the permit could affect how Tribal communities manage stormwater and could possibly impact local budgets and projects for New Mexico and Oklahoma Tribal towns. Interested parties may submit comments on the proposal by May 4, 2026, and EPA will consider comments before issuing a final permit.
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