Huisman Presentation

Approval to Proceed to EMC with Amendments to Tar-Pamlico Wastewater
Discharge Requirements Rule (15A NCAC 02B .0733)
September 2024 Water Quality Committee
John Huisman
Division of Water Resources, Nonpoint Source Planning Branch
Tar-Pamlico Nutrient Management Strategy (NMS)
•Strategy “Agreement” (1990)
•Address chl-a impairment per estuary model & TMDL
•30% TN Load Reduction; No Increase in TP Load; 1991 Baseline
•Wastewater: Compliance Association w/ Group N&P Caps, noted in permits
•Non-Association Wastewater Rule (1997)
•New or expanding – technology limits, offset loads w/ BMP payment
•EMC-Adopted Nonpoint Rules (2000-2001)
•Row Crop Agriculture
•New Development Stormwater
•Riparian Buffer Protection
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Department of Environmental Quality
Tar-Pamlico Point Source Agreement
•Signed accord b/t Association, EMC, DEM, DSWC, Enviro’s
•Tar-Pamlico Basin Association (TPBA) = 15 members
•Established collective annual end-of-pipe N & P caps
•Group cap compliance = individual compliance
•Offset cap exceedances funding Ag Cost Share BMPs
•Agreement revised and renewed 1995, 2005, 2015
•Steady compliance w/caps, currently at 70% TN & 68% TP
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Tar-Pamlico Basin Association (TPBA) Members
1.Belhaven
2.Bunn
3.Enfield
4.Franklin W&S Authority
5.Greenville Utilities
6.Louisburg
7.Oxford
8.Pinetops
9.Robersonville
10.Rocky Mount
11.Scotland Neck
12.Spring Hope
13.Tarboro
14.Warrenton
15.Washington
Total permitted Flow: 62.495 MGD
•Represents 98.7% permitted Flow in Basin
Why Move Agreement Requirements into Rule?
•Requirements meet APA definition of “Rule”
•Establish enforceable foundation for requirements in permit
•Avoids potential legal challenges; modernizes language & improves clarity
•Note: Staff worked in collaboration w/ TPBA on proposed rule revisions
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Department of Environmental Quality
Current Tar-Pam WW Rule (.0733)
•Adopted in 1997 - updated in 2020 Rules Readoption
•Addresses New & Expanding facilities
•Must obtain existing allocation or offsets to offset new or increased load
•Provides clear regulatory path for allocation trading & nutrient offsets
•Broadened coverage to new & expanding TPBA Members
•Effective for TPBA when Agreement expires in May 2025
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Current Tar-Pam WW Rule (.0733)
•Updated treatment standards for new and expanding facilities
•Municipal 3.5 mg/L TN and 0.5 mg/L TP / Industrial: BAT limits
•TPBA members can expand within current nutrient allocations
•Updated offset process – ties into Nutrient Offset Rules (.0703)
•Cost set by providers vs fixed BMP formula
•Current rule does not address TPBA group compliance requirements
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Proposed Revisions to Tar-Pam WW Rule (.0733)
•Adds Definitions
•“Association”, “Active Allocation”, “Limit” and “Reserve Allocation”
•Includes total N & P discharge allocation for Association
•891,271 lbs. Nitrogen & 161,070 lbs. Phosphorus
•Includes Individual N & P allocations for Association Members
•Any future changes in allocations to be reflected in updated permit
•Cap exceedances offset w/ credits purchased in accordance w/
Nutrient Offset Rule (.0703)
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Proposed Revisions to Tar-Pam WW Rule (.0733)
•Includes option to use existing offset credits earned per Agreement
•~59k lbs. TN available for one-time offset use
•Adds new option to use reserve allocation for new & expanding discharge
•Available reserve allocation ~ 59k lb/yr TN & ~ 4k lb/yr TP
•Association and Non-Association dischargers may request reserve to expand
•Allocations equivalent to 3.5 mg/L TN and 0.5 mg/L TP; BAT (industrial)
•Added exemption w/ minimum flow threshold for expansions
•Small facilities expanding to < 0.1 MGD permitted flow not assigned allocations
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Proposed Tar-Pam WW .0733 Rule Revisions
•Transfers Language Added
•Allocation from transferred facility is added to the receiving facilities permit
•Group Compliance Association Option Language Added
•Recognizes associations can meet allocations collectively
•Individual members in compliance as long as association under caps
•If association exceeds caps shall obtain or use existing offsets
•Meet requirements of individual NPDES Permits if Association terminated
•Proposed revisions discussed in collaboration w/ TPBA
•Maintain framework of current implementation while adding flexibility
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Approved Regulatory Impact Analysis - Findings
•Necessity for Rule Revisions
•Codifies existing requirements meeting APA definition of a rule
•Provides enforceable foundation for permit requirements
•Modernizes language, improves clarity, adds compliance options
•No new costs to regulated community or state & local governments
•No substantial economic impact as defined in G.S. 150B-21.4
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Department of Environmental Quality
Rule Readoption Timeline & Next Steps
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Action Item Request
The Division of Water Resources requests approval to proceed to
the EMC with the request for public notice and hearing for the
proposed amendments to 15A NCAC 02B .0733
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Questions?
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Department of Environmental Quality
John Huisman
NC DWR- Nonpoint Source Planning Branch
[e-mail]