[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Notices]
[Pages 17595-17597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06903]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10021-38-Region 9]


United States-Mexico-Canada Agreement Mitigation of Contaminated 
Transboundary Flows Project

ACTION: Notice of intent to prepare an environmental impact statement; 
notice of virtual public scoping meetings; request for comments.

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SUMMARY: In accordance with the National Environmental Policy Act, the 
U.S. Environmental Protection Agency (EPA) will prepare an 
environmental impact statement (EIS) for the proposed United States-
Mexico-Canada Agreement (USMCA) Mitigation of Contaminated 
Transboundary Flows project (the Project). The USMCA Project 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 intends to evaluate project options 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 
scoping process by inviting comments from federal, state, and local 
agencies; Native American tribes; interested stakeholders; and the 
public to help identify the environmental issues and project options to 
be examined in the EIS. EPA is also

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providing notice of the public scoping meeting that is open to all 
interested parties.

DATES: The scoping meeting will be held virtually on April 20, 2021, 
6:00 p.m. to 8:00 p.m. Pacific Daylight Time (PDT). A formal 
presentation will begin at 6:15 p.m., followed by the public comment 
period. Written public comments are due to EPA by 5:00 p.m. (PDT) on 
May 20, 2021. Please go to: https://www.epa.gov/sustainable-water-infrastructure/usmca-tijuana-river-watershed for more information 
regarding the public scoping meeting.

ADDRESSES: Written comments shall be submitted to the following email 
address: Tijuana-Transboundary-EIS@epa.gov.

FOR FURTHER INFORMATION CONTACT: Thomas Konner, 415-972-3408, 
Konner.Thomas@epa.gov.

SUPPLEMENTARY INFORMATION:
    Background: EPA, in accordance with the National Environmental 
Policy Act (42 U.S.C. 4321-4370h), the Council on Environmental Quality 
National Environmental Policy Act Implementing Regulations (40 CFR 
parts 1500-1508), and EPA Procedures for Implementing the National 
Environmental Policy Act (40 CFR part 6), will prepare an EIS for the 
USMCA Project. EPA invites public comment on the proposed scope of the 
EIS, the project options considered, specific environmental issues to 
be evaluated in the EIS, relevant information and analyses, and the 
potential impacts of the project options.
    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 canyon tributaries 
routinely reach the U.S., bringing untreated wastewater (sewage), 
trash, and sediment pollution into the U.S. These contaminated flows 
can reach the Pacific Ocean through the Tijuana River 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 the U.S. Customs and Border Protection and 
U.S. Navy.
    For several years, EPA has 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. In 
January 2020, Congress passed the USMCA Implementation Act, which 
appropriated funds to EPA under Title IX of the Act for implementation 
of wastewater infrastructure projects at the U.S.-Mexico border. 
Subtitle B, Section 821 of the Act authorized EPA to plan, design, and 
construct wastewater (including stormwater) treatment projects in the 
Tijuana River area. Per USMCA legislation, EPA established a steering 
group consisting of federal, state, and local Eligible Public Entities 
and solicited their input in identifying a set of project options to be 
considered for evaluation in an EIS. It is possible that EPA's Border 
Water Infrastructure Program may also be utilized to fund and carry out 
activities under this action.
    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 cause 
adverse public health and environmental impacts in the Tijuana River 
area and neighboring coastal areas in the U.S. as described in the 
preceding section.
    Preliminary Proposed Action and Alternatives: The proposed action 
will include projects that address the purpose and need stated above 
by:
     Reducing the generation and/or discharge of contaminated 
flows from point and nonpoint sources of pollution in the Tijuana 
region,
     Improving the collection and/or treatment of contaminated 
flows in the Tijuana region before they reach the U.S.-Mexico border, 
and/or
     Improving the collection and/or treatment of contaminated 
transboundary flows in the U.S.
    EPA has identified a set of 10 project options that have the 
potential (individually or in combination) to address the purpose and 
need stated above. While EPA has not yet identified the alternatives to 
be evaluated in the EIS, EPA anticipates that each alternative 
(including the preferred alternative) will consist of one or more 
project options. These 10 project options are: (1) New Tijuana River 
Diversion System in the U.S. and Treatment in the U.S.; (2) Expand and 
Upgrade Tijuana River Diversion System in Mexico and Provide Treatment 
in the U.S.; (3) Treat Wastewater from the International Collector at 
the South Bay International Wastewater Treatment Plant (ITP); (4) Shift 
Wastewater Treatment of Canyon Flows to U.S. (via Expanded ITP or South 
Bay Water Reclamation Plant [SBWRP]) to Reduce Flows to San Antonio de 
los Buenos Wastewater Treatment Plant (SAB); (5) Enhance Mexico 
Wastewater Collection System to Reduce Flows into Tijuana River; (6) 
Construct New Infrastructure to Address Trash and Sediment; (7) Divert 
or Reuse Treated Wastewater from Existing Wastewater Treatment Plants 
in Mexico to Reduce Flows into the Tijuana River; (8) Upgrade SAB to 
Reduce Untreated Wastewater to Coast; (9) Treat Wastewater from the 
International Collector at the SBWRP; and (10) Sediment and Trash 
Source Control. Descriptions of the 10 project options, some of which 
encompass multiple sub-projects and variations, can be found on the 
project website at https://www.epa.gov/sustainable-water-infrastructure/usmca-tijuana-river-watershed. EPA is currently 
evaluating the technical and financial feasibility of each project 
option and may decide to pursue one or more of these project options or 
subcomponents of these options through a separate NEPA process. EPA 
will also evaluate a No-Action alternative in the EIS. Under the No-
Action alternative, EPA would not construct any of the above project 
options to address transboundary flows from Mexico to the Tijuana River 
area or neighboring coastal areas in the U.S.
    Summary of Expected Impacts: The proposed action is expected to 
have beneficial impacts to public safety and water quality in the 
Tijuana River area and the neighboring coastal areas. The project 
options cover a large geographic area and may potentially impact a 
broad range of resource areas including air quality, water resources, 
hazardous and toxic material and waste, ambient sound, biological 
resources (including critical habitat), geology and soils, health and 
safety, land and shoreline use, recreation, aesthetics, historical and 
cultural resources, transportation, public services and utilities, 
climate change, and socioeconomic resources (including environmental 
justice). The effects of these expected impacts will be analyzed in the 
EIS.
    Anticipated Permits and Authorization: The proposed action may 
require federal authorizations and

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permits pursuant to the Endangered Species Act, the Clean Water Act, 
the National Historic Preservation Act, and the Coastal Zone Management 
Act.
    Schedule for the Decision-Making Process: The EIS is expected to be 
completed no later than 24 months from the publication of this notice 
in the Federal Register. Based on the record of decision and the 
selected alternative, EPA will determine project award and construction 
schedules as appropriate.
    Public Scoping Process: EPA has established a 45-day public comment 
period for the scoping process. The public scoping period begins with 
the publication of this Notice and concludes May 20, 2021. EPA is 
requesting written comments from federal, state, and local governments, 
industry, non-governmental organizations, and the general public on:
     The scope of this EIS;
     The range of project options considered;
     Identification of potential alternatives, information, and 
analyses relevant to the proposed action;
     Identification of reasonably foreseeable environmental 
trends and planned actions in the project area(s);
     Specific environmental issues to be evaluated in the EIS; 
and
     The potential impacts of the proposed project options.
    The scoping meeting will be held virtually on April 20, 2021. 
Consult the Dates section above for further information on the scoping 
meeting. All interested parties are encouraged to attend.
    With this Notice of Intent, EPA is asking federal, state, Native 
American, and local agencies with jurisdiction or special expertise 
with respect to environmental issues in the project area to formally 
cooperate with EPA in the preparation of the EIS.
    Estimated Date of Draft EIS Release: Once the scoping process is 
complete, EPA will prepare a draft EIS and will publish a Federal 
Register notice announcing its public availability. EPA will provide 
the public with an opportunity to review and comment on the draft EIS. 
After EPA considers those comments, EPA will prepare the final EIS and 
similarly announce its availability and solicit public review and 
comment. Comments received during the draft EIS review period will be 
made available in the final EIS. The draft EIS is expected to be 
released in December 2021.

    Dated: March 26, 2021.
Deborah Jordan,
Acting Regional Administrator, Region 9.
[FR Doc. 2021-06903 Filed 4-2-21; 8:45 am]
BILLING CODE 6560-50-P


