NCC190168_Emails RE NPDES Permit Applicability_20200128

Georgoulias, Bethany
From: DePalma, Alicia <[e-mail]>
Sent: Tuesday, January 28, 2020 10:00 AM
To: Lucas, Annette; Georgoulias, Bethany
Cc: Weldon, Aaron L; Shearin Dramby; Pifer, Anne H.; Woodward, Tina; Moody, Todd;
Friel, Christopher Thomas; Chandler, Reed; Freeman, Bill
Subject: [External] FW: Modification Request for Construction Stormwater Permit -- PNG Line
439 / Permit Not Applicable
Attachments: EPA Fact Sheet Oil and Gas Exploration Construction.pdf, NCC190168_NOI
Application_20190502.pdf
Importance: High
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Hi Annette and Bethany,
Unfortunately our transmission pipelines do not meet the definition of the exemption provided as our pipelines are not
related to oil and gas production nor are they regulated by FERC. FERC has a separate permitting process which could
explain why the construction stormwater NPDES permitting does not apply to those pipelines.
With that said, we will not be submitting a NOT for this project at this time and we request an updated COC be issued
for the Line 439 modification that was submitted.
Thank you.
Alicia DePalma
Environmental Siting, Licensing & Permitting Support
4720 Piedmont Row Drive
Charlotte, NC 28210
[phone] Office
[phone] Mobile
[e-mail]
From: Weldon, Aaron L
Sent: Friday, January 24, 2020 10:52 AM
To: Shearin Dramby <[e-mail]>; DePalma, Alicia <[e-mail]>
Subject: FW: Modification Request for Construction Stormwater Permit -- PNG Line 439 / Permit Not Applicable
Importance: High
FYI

From: Georgoulias, Bethany [mailto:[e-mail]]
Sent: Friday, January 24, 2020 10:42 AM
To: Weldon, Aaron L <[e-mail]>
Cc: Lucas, Annette <[e-mail]>; Freeman, Bill <[e-mail]>
Subject: Modification Request for Construction Stormwater Permit -- PNG Line 439 / Permit Not Applicable
Importance: High
*** Exercise caution. This is an EXTERNAL email. DO NOT open
attachments or click links from unknown senders or unexpected
email. ***
Mr. Weldon,
We received a modification request for the COC covering the above project, currently under NCG01 Construction
Stormwater COC No. NCC190168.
Since our COC application process began last year, we realized that projects involving oil and gas construction activities
are not required to obtain NPDES stormwater permit coverage except in very limited circumstances. This is because 40
CFR 122.26(c)(1)(iii) outlines the following:
(iii) The operator of an existing or new discharge composed entirely of storm water from an oil or gas exploration, production,
processing, or treatment operation, or transmission facility is not required to submit a ep rmit application in accordance
with paragraph (c)(1)(i) of this section, unless the facility:
(A) Has had a discharge of storm water resulting in the discharge of a reportable quantity for which notification is or was
required pursuant to 40 CFR 117.21 or 40 CFR 302.6 at anytime since November 16, 1987; or
(B) Has had a discharge of storm water resulting in the discharge of a reportable quantity for which notification is or was
required pursuant to 40 CFR 110.6 at any time since November 16, 1987; or
(C) Contributes to a violation of a water quality standard.
A Fact Sheet from EPA about this topic is also attached.
This project appears to fall in this category. The project is still subject to all of the requirements that are included in the
Erosion and Sediment Control Plan approval and the Post -Construction permit that have already been issued by the
Division of Energy, Mineral, and Land Resources. However, if this project does fall in this category, the company should
request a rescission of this Certificate of Coverage. The Notice of Termination (NOT) form is here:
https://edocs.deg.nc.gov/Forms/NCGOI-Termination
We apologize for not alerting you to the non -applicability sooner. If you have any questions, please contact my
Supervisor, Annette Lucas. She is copied above or can be reached at [phone].
Regards,
Bethany Georgoulias
Environmental Engineer
Stormwater Program, Division of Energy, Mineral, and Land Resources
N.C. Department of Environmental Quality
919 707 3641 office

[e-mail]
512 N. Salisbury Street, Raleigh, NC 27604 (location)
1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing)
Website: http//deq.nc.gov/about/divisions/energy-mineral-land-resources/stormwater

►..EPA Final Rule: Amendments to the Storm
Water Regulations for Discharges
Associated with Oil and Gas Construction
Activities
Consistent with the Energy Policy Act of 2005, EPA published a final rule that exempts storm water
discharges of sediment from construction activities at oil and gas sites from the requirement to obtain
an NPDES permit except in very limited instances. Although sediment discharged from oil and gas -
related construction activities alone does not compel permit coverage, the rule encourages operators
of oil and gas field activities or operations to implement and maintain best management practices
(BMPs) to minimize erosion and control sediment to protect surface water quality during storm
events. States may choose to regulate these activities through a non-NPDES permit program. This
rule is effective June 12, 2006
Background
The 1987 Water Quality Act (WQA) added a section 402(p) to the Clean Water Act (CWA)
requiring EPA to develop and implement a storm water permitting program. EPA developed this
program in two phases (Phase I: 1990; Phase II: 1999). Those regulations establish NPDES permit
requirements for municipal, industrial, and construction site storm water runoff. The WQA also
added section 402(I)(2) to the CWA specifying that EPA and states shall not require NPDES permits
for uncontaminated storm water discharges from oil and gas exploration, production, processing or
treatment operations, or transmission facilities. Since 1992 EPA had interpreted the 402(I)(2)
exemption as not applying to construction activities (i.e., permit coverage is required).
In 2002, shortly before the Phase II regulations took effect for small construction activities
disturbing one to five acres, industry stakeholders notified EPA that the Agency had incorrectly
assumed that oil and gas activities would not be affected by these permit requirements. Industry noted
that these regulations would apply to approximately 30,000 sites annually and would have a
significant economic impact on the industry. In response, EPA deferred (until June 12, 2006) the
Phase II storm water requirements for small oil and gas construction activities disturbing one to five
acres to analyze the costs and benefits associated with those regulations. EPA planned to propose an
action in the Federal Register in late 2005 and finalize this action before the June 12, 2006 deferral
expiration.
Before the Agency proposed an action, Congress passed the Energy Policy Act of 2005, which
became law on August 8, 2005. Section 323 of this Act added a new paragraph (24) to Section 502 of
the CWA to define the term "oil and gas exploration, production, processing, or treatment, or
transmission facilities" to mean "all field activities or operations associated with exploration,
production, processing, or treatment operations, or transmission facilities, including activities
necessary to prepare a site for drilling and for the movement and placement of drilling equipment,
whether or not such field activities or operations may be considered to be construction activities."

The term "oil and gas exploration, production, processing, or treatment, or transmission facilities" is
the term used in 402(0(2) of the CWA and in the NPDES regulations to define those types of
activities eligible for the exemption from NPDES permit requirements for storm water discharges.
This statutory change altered the scope of the 402(0(2) exemption and rendered EPA's ongoing Phase
II analysis unnecessary. The CWA amendment made no distinction between Phase I and Phase II
regulatory requirements.
This final rule codifies the amendment to the CWA enacted in the Energy Policy Act of 2005
and clarifies that storm water discharges of sediment from oil and gas -related construction activities
under Phase I and II are eligible for the statutory exemption from NPDES permit requirements found
in CWA section 402(0(2), except in very limited instances.
About this Final Rule
Changes to the NPDES regulations promulgated by this rule are designed to maintain
consistency with the new law. The final rule specifies that storm water discharges from oil and gas -
related construction activities are eligible for the exemption from NPDES permit coverage, except in
very limited instances. EPA interprets this exclusion to apply to construction of drilling sites, waste
management pits, and access roads, as well as construction of the transportation and treatment
infrastructure such as pipelines, natural gas treatment plants, natural gas pipeline compressor stations,
and crude oil pumping stations. Construction activities that result in a discharge of a reportable
quantity release or that contribute pollutants (other than non -contaminated sediments) to a violation of
a water quality standard are still subject to permit coverage.
This final action also adds complementary text encouraging operators of oil and gas field
activities or operations to implement and maintain Best Management Practices (BMPs) to minimize
erosion and control sediment during and after construction activities to help ensure protection of
surface water quality during storm events.
This rulemaking applies to all States, Federal lands and Indian Country regardless of whether
EPA or a State is the NPDES permitting authority. However, this rule is not intended to interfere with
the States' authority to regulate any discharges, pursuant to state law, through a non-NPDES permit
program.
EPA expects to publish the final rule in the Federal Register in advance of the June 12, 2006
expiration date for the deferral of permitting requirements for small oil and gas construction activities.
How to Get Additional Information
For additional information about this rule, contact Jeff Smith at [phone] or by email at
smith.jeffkepa.gov. To view the Federal Register notice for this final action or for general
information about EPA's NPDES Storm Water program visit EPA's NPDES web site at:
www.epa.jzov/npdes/stormwater.