NCS000250_NCDOT New Requirements Memo_20210624

MEMORANDUM DATE: June 24, 2021 TO: Andy McDaniel, NCDOT Stormwater NPDES Permit Program Supervisor Dan O’Connor, NCDOT REU Stormwater Operations Management FROM: Brian Wrenn, Director CC: Toby Vinson, DEMLR Program Operations Section Chief Annette Lucas, DEMLR Stormwater Program Supervisor Jeanette Powell, DEMLR MS4 Program Coordinator DEMLR Stormwater Permitting Program File
SUBJECT: NCS000250 NCDOT TS4 Permit Renewal
Draft New Permit Requirements and Permit Renewal Schedule The purpose of this memorandum is to provide information on proposed new stormwater management requirements for the NCDOT MS4 permit (also called TS4) and the schedule for permit renewal. The attached draft permit requirements are being provided in advance of the entire draft permit because these conditions constitute a significant addition to the existing TS4 permit. DEQ is not planning any other significant updates to the TS4 permit as part of the current permit renewal process.
New Draft Permit Requirements On March 4, 2021, DEQ sent an email to the NCDOT Stormwater Program that stated:

EPA has directed MS4 Programs nationwide to specifically include litter management
in permits. Litter should be addressed through a multi-faceted approach including
pollution prevention and good housekeeping of the MS4, illicit discharge detection and
elimination, and public education and outreach.

While DEQ can develop NCDOT’s TS4 permit requirements for this initiative, we
thought it best to offer NCDOT the opportunity to propose permit language that
closely considers both the complexity of DOT’s TS4 program planning and any current

initiatives that may be under consideration in response to H.B. 100. It is DEQ’s intent
that TS4 permit requirements for litter management will provide:
1. A reduction in litter statewide,
2. Sufficient information/data to inform future permitting decisions, and
3. Measurable goals to demonstrate the effectiveness of the initiative.

DEQ would welcome your submittal of draft NCDOT TS4 permit requirements to
prevent the discharge of litter to surface waters of the state. Should you accept this
invitation, the draft permit language must be submitted to DEQ within forty-five (45)
days. However, should you decline the opportunity, then DEQ respectfully requests
that you provide notification of that intent within fifteen (15) calendar days so that
DEQ can proceed with developing the draft language. On April 16, 2021, NCDOT submitted a summary of existing public education and outreach, illicit discharge, and pollution prevention and good housekeeping requirements with the addition of litter to DEQ . NCDOT also provided the following litter management permit language for DEQ’s consideration:
Implement a Litter Management Program to reduce pollutants in stormwater
runoff from NCDOT-owned roads and parking lots within the NCDOT ROW.
While NCDOT is not the responsible party for litter on its transportation
systems, NCDOT shall implement measures to control litter and debris
associated with vehicles, and establish specific frequencies, schedules, and
documentation. NCDOT also will implement public outreach regarding litter. Although this type of language has been used in North Carolina’s MS4 permits in the past, the 2018 DEQ/EPA MS4 Compliance Initiative directs DEMLR to issue renewed MS4 permits in which all requirements are specific, measurable, achievable, relevant and timely (SMART). In keeping with this change to the MS4 Program, DEMLR has developed the attached draft permit language. The language also addresses collection system mapping, which has historically been implicit rather than specific. DEQ consulted the US EPA Transportation Stormwater Permit Compendium and other DOT MS4/TS4 permits nationwide to create the attached language. These draft requirements are commonly found in other DOT permits nationwide. While DOT permits nationwide vary greatly in their complexity, the Tennessee DOT permit represents a moderate permit and was relied upon heavily to develop the requirements provided herein.
Proposed Permit Renewal Schedule The proposed permit renewal issuance schedule going forward is:

Action Timeline DEQ Provides Draft Major Permit Changes June 2021 DEQ Provides Draft Permit August 2021 DEQ/EPA & NCDOT Negotiate Draft Permit September 2021 Public Notice of Draft Final Permit November 2021 Public Notice Comments Addressed January 2021 Target Permit Issuance/Effective Date March 2022 Please provide any proposed changes to the draft permit as well as any comments on the attached draft requirements on or before July 19 , 2021 for consideration in developing the August 2021 draft TS4 permit. If you have questions or comments, please contact Jeanette Powell at [e-mail].