The adopted rule was a third-party rulemaking petition by Triad National Security, LLC; and the United States Department of Energy’s National Nuclear Security Administration (Petitioners) as the operators of Los Alamos National Lab. NMED was not a petitioner in this matter but participated in the development of the proposal since the beginning of the project in 2014. NMED also provided technical testimony at the hearing regarding the procedural requirements for rulemaking and the process for developing scientific studies (i.e., UAAs and Site-Specific Criteria) to assess and propose changes to water quality standards under state and federal law.
The Petitioners prepared a demonstration for the proposed Sandia Canyon UAA and accepted comments and feedback during their 30-day public comment period. In December of 2024, the petitioners asked the Water Quality Control Commission (WQCC) for a hearing to consider adopting their proposed UAA. The hearing was conducted on May 13, 2025, with no public opposition to the proposed amendment. The WQCC deliberated and approved the amendments at the end of the hearing. The WQCC Chair finalized the decision upon signing the Final Order and Statement of Reasons on October 7, 2025. The rule was filed with the State Records Center and Archives and will be published in the New Mexico Register on October 21, 2025. The effective date of the rule is November 8, 2025. Thereafter, the administrative rulemaking record and supporting information will be submitted to the U.S. Environmental Protection Agency for their review and action under the federal Clean Water Act.
Documents and Links:
| WQCC Docketed Matters Webpage | 03/10/2025 |
| Events Calendar | 03/10/2025 |
| Public Comment Portal | 03/10/2025 |
| Petition for Rulemaking to Amend 20.6.4 NMAC | 03/10/2025 |
| Scheduling and Pre-hearing Order | 03/10/2025 |
| Public Involvement Plan | 03/10/2025 |
| Limited English Proficiency Analysis | 03/10/2025 |
| Public Notice (English) | 03/10/2025 |
| Public Notice (Spanish) | 03/10/2025 |
| Petitioners’ Notice of Intent (NOI) to present Technical Testimony | 04/14/2025 |
| Petitioners’ Exhibits A – N | 04/14/2025 |
| Petitioners Exhibits O – W | 04/14/2025 |
| Petitioners’ Demonstrative Exhibit – Goering | 05/08/2025 |
| Petitioners’ Demonstrative Exhibit – Segura | 05/08/2025 |
| NMED’s NOI to Present Technical Testimony | 04/14/2025 |
| NMED’s Exhibits | 04/14/2025 |
| Final Order and Statement of Reasons | 10/7/2025 |
| Concise Explanatory Statement | 10/9/2025 |
| SRCA Transmittal Sheet | 10/9/2025 |
| 20.6.4 NMAC – Amended and New Section | 11/8/2025 |
| 20.6.4 NMAC – Integrated Rule | 11/8/2025 |
| EPA Submittal Letter | TBD |
| EPA Response Letter and TSD | TBD |
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