Attachment B - Approved Regulatory Impact Analysis

Regulatory Impact Analysis
Proposed Amendments to the Tar-Pamlico Wastewater Rule
15A NCAC 02B .0733
August 12, 2024

Rule Topic: Amendment of Tar-Pamlico Nutrient Strategy Wastewater Discharger Rule

Rule Citation: 15A NCAC 02B .0733

Agency: Environmental Management Commission

Prepared By: Department of Environmental Quality - Division of Water Resources (DWR)

Staff Contacts: John Huisman, Environmental Program Consultant
Nonpoint Source Planning Branch, DWR
[e-mail]
[phone]

Rich Gannon, Section Chief
Nonpoint Source Planning Branch, DWR
[e-mail]
[phone]

Impact Summary:
➢ Federal Government:
▪ Costs: No Fiscal Impacts
▪ Benefits: Improves clarity and enforceability creating direct link between rule & group NPDES Permit

➢ State Government:
▪ Costs: No Fiscal Impact
▪ Benefits: Improves clarity & enforceability helping to avoid potential challenges to requirements

➢ Local Government:
▪ Costs: No Fiscal Impact
▪ Benefits: Adds flexibility by providing additional options for meeting rule requirements

➢ Regulated Community:
▪ Costs: No Fiscal Impact
▪ Benefits: Adds flexibility by providing additional options for meeting rule requirements

➢ Substantial Impact:
▪ No Substantial Fiscal Impact
Authority:
G.S 143-214.1; G.S. 143-215.1; G.S. 143-215.3(a)(1); G.S. 43-215.8B; G.S.143B-282

Table of Contents
Introduction .................................................................................................................................................. 1
Baseline Regulatory Conditions .................................................................................................................... 2
Tar-Pam Wastewater Rule (15A NCAC 02B .0733) ........................................................................................... 2
NPDES Group Permit & Individual Permits ....................................................................................................... 2
Phase IV Agreement.......................................................................................................................................... 3
Summary of Proposed Revisions to .0733 Rule ............................................................................................ 5
Definitions ......................................................................................................................................................... 6
Combined N&P Discharge Allocations for TPBA ............................................................................................... 6
Individual N&P Discharger Allocations for TPBA Members .............................................................................. 6
Nutrient Offset Option for TPBA ....................................................................................................................... 6
Nutrient Controls for New Dischargers............................................................................................................. 6
Nutrient Controls for Expanding Dischargers ................................................................................................... 7
Reserve Allocation ............................................................................................................................................ 8
Group Compliance Association Option ............................................................................................................. 8
Transfers ........................................................................................................................................................... 8
Rule Readoption Timeline ............................................................................................................................. 9
Summary of Impacts ..................................................................................................................................... 9
Impacts to New & Expanding Dischargers ........................................................................................................ 9
Impacts to Existing Discharger Requirements ................................................................................................ 10
Impacts to State & Local Governments .......................................................................................................... 10
Scope of Analysis: Assumptions & Uncertainties ........................................................................................... 10
TPBA Nutrient Reductions Performance ........................................................................................................ 11
Population Growth in Tar-Pamlico River Basin ............................................................................................... 11
TPBA Permitted Flow vs. Actual Flow ............................................................................................................. 12
History of New Discharge Requests in the Tar-Pamlico River Basin ............................................................... 12
Conclusion ................................................................................................................................................... 13
Appendices .................................................................................................................................................. 15
Appendix A – Proposed Rule Text – 15A NCAC 02B .073 ................................................................................ 15
Appendix B – TPBA NPDES Group Permit ....................................................................................................... 15
Appendix C – Phase IV Agreement ................................................................................................................. 15

1

Introduction
The Tar-Pamlico Nutrient Strategy was adopted by the Environmental Management Commission (EMC) in 2001
and consists of a comprehensive set of rules designed to remedy nutrient over-enrichment of the estuary by
equitably regulating nutrient pollution from both point and nonpoint sources. The rules seek to reduce nitrogen
loading to the estuary by 30 percent and cap phosphorus loading relative to a 1991 baseline. Under an Agreement
initiated in 1990 between the Division of Water Resources, EMC, and a group compliance association of point
source dischargers, the Tar-Pamlico Basin Association (TPBA), received collective annual end-of-pipe nitrogen and
phosphorus loading caps based on the nutrient strategy reduction goals. Under this Agreement the individual
members of the TPBA work together to collectively stay below their combined nitrogen and phosphorus discharge
allocations. If either cap is exceeded, the TPBA can fund nutrient reducing practices to offset those exceedances.
At its inception, the Agreement provided point sources a cost-effective alternative to uniform technology-based
nutrient concentration limits. It later added elements of a nutrient Total Maximum Daily Load (TMDL) for the basin,
including estuary loading goals and point and nonpoint source allocations. The Agreement was updated in “phases”
covering an initial 5-year period followed by readoption at subsequent 10-year intervals and is currently in its fourth
and final phase (Phase IV) which expires in May 2025.
A separate wastewater rule (15A NCAC 02B .0733) was also adopted in 1997 to address requirements for non-
association new and expanding dischargers in the Tar-Pamlico basin. This rule was readopted with revisions in
2020, at which time its applicability was expanded to address all new and expanding facilities in the basin. This
Rule in its current form does not address the implementation requirements for existing wastewater dischargers
that are members of the TPBA, which are addressed in the Associations Group NPDES permit and Agreement.
The need to put the existing point source requirements contained in the TPBA Group NPDES permit and
Agreement in rule is driven by increasing pressure on the Division to ensure that requirements imposed on the
regulated community that meet the Administrative Procedure Act (APA) definition of a rule are in fact codified in
rule. The APA provides guidelines and definitions for the adoption, amendment, or repeal of rules by state
agencies in North Carolina. According to North Carolina General Statutes Chapter 150B-2(8) a “rule” is defined as
follows:
“A ‘rule’ is defined as any agency regulation, standard, directive, or statement of general applicability that implements
or interprets enactment of the General Assembly or Congress or a regulation adopted by a federal agency or that
describes the procedure or practice requirements of an agency.”
To comply with the APA requirements the Division is proposing to revise the language in the .0733 rule to fully
incorporate the wastewater discharge requirements for TPBA members as currently established in their NPDES
Group Permit and Agreement. Codifying the point source requirements in rule not only accomplishes satisfying the
requirements of the APA, but it also has the added benefit of establishing a more enforceable foundation for the
TMDL driven requirements of the nutrient management strategy. Having these requirements in rule could help
avoid future potential, albeit unlikely, legal challenges to the requirements in the Association’s NPDES Group
Permit which has incorporated key requirements of the Agreement over time.
Finally, the proposed revisions to the Rule provide an opportunity to modernize the language and improve the
clarity of the requirements for the regulated community, while also providing the opportunity for stakeholder
input on the rule language as it must undergo public notice and comment and review by the EMC before it can be
adopted or modified in the future.

2

Baseline Regulatory Conditions
To understand what the costs and benefits of the proposed rule changes would be to affected parties, it is
necessary to establish a regulatory baseline for comparison. For the purposes of this analysis, there are two
primary regulatory conditions that establish the baseline nutrient reduction requirements for NPDES permitted
wastewater dischargers in the Tar-Pamlico River Basin. The first is the Tar-Pamlico Wastewater Rule (.0733) rule
which establishes requirements for all new and expanding dischargers in the basin. In its current form, the Rule
applies to both Association and Non-Association new and expanding facilities but does not contain requirements
for existing Association facilities. The second is the Tar-Pam Basin Association’s NPDES Group Permit which
translates the requirements for the Association into an enforceable format. Additionally, each member of the
Association is also subject to the nutrient limits in their individual NPDES discharge permit should they leave the
Association and be removed from the group permit at any time.
In addition, there is an EMC approved Agreement between the Division and the TPBA, initiated in 1990 and now in
its fourth phase, referred to as the Phase IV Agreement, which establishes the TMDL driven nitrogen and
phosphorus discharge caps for the Tar-Pamlico Basin Association. While the Phase IV Agreement is not considered
part of the regulatory baseline for purposes of this analysis, it is included in this document as it forms the
foundation for the Group Permit and provides important context.
More detail about the rule, the Group Permit, and the Phase IV Agreement are provided below, including in Table
1 which summarizes the key existing regulatory requirements contained in each.
Tar-Pam Wastewater Rule (15A NCAC 02B .0733)
The Tar-Pam Wastewater rule (15A NCAC 02B .0733) establishes the requirements for all new and expanding
NPDES permitted dischargers in the basin. The rule requires new and expanding non-association domestic facilities
to treat to a standard 3.0 mg/L TN and 0.5 mg/L TP, while industrial facilities must treat to best available
technology limits. The rule also serves to provide market-based nutrient offset options requiring all increasing
nutrient loads from new or expanding facilities to be offset by the acquisition of an equivalent amount of
allocation and/or offset credit.
When first adopted in 1997 the requirements of this rule only applied to non-association dischargers. The Rule was
readopted in 2020 and incorporated changes that expanded the rule’s applicability to TPBA members providing a
clear regulatory avenue for new and expanding TPBA facilities that is not provided in the Phase IV Agreement. The
new and expanding discharger requirements for TPBA members are to go into effect when the Phase IV agreement
expires in May 2025. Under the rule, TPBA members continue to enjoy the ability to expand within their allowable
nutrient allocations. Where offset credits are purchased, they are subject to the nutrient offset rule (15A NCAC 02B
.0703).
NPDES Group Permit & Individual Permits
Any facility that discharges or proposes to discharge to surface waters of the state must obtain an NPDES permit
from the Division. These NPDES permits regulate the discharge of pollutants to surface waters from point sources,
such as industrial and municipal wastewater treatment plants. The permit establishes specific limits on the types
and amounts of pollutants a facility is allowed to discharge, monitoring and reporting requirements. They also
serve as the legal basis for enforcing environmental regulations by providing the Division the authority to take
enforcement actions such as issuing fines and penalties against permit holders that violate the conditions of their
permit.

3

Based on guidance released by EPA’s Office of Wastewater Management in 2007, EPA Region IV notified the
Division during Phase III that Section 301(b)(1)(C) of the federal Clean Water Act and federal NPDES regulations (40
C.F.R. 122.44(d)(1)) require that NPDES permits in the Tar-Pamlico River Basin include any limitations established in
or based upon an approved TMDL. To comply with EPA’s directive, the Division added the group caps for nitrogen
and phosphorus in the TPBA members’ individual NDPES permits as part of the 2009 permit renewals. This was
followed with adding the individual limits in the 2014 NPDES permit renewals. The Division also worked with the
parties to develop an NPDES group permit that effectively allows the Association to continue operating under the
existing ‘group caps’ approach established in the Agreement. The group permit includes both the group caps and
the members’ individual limits; but so long as the Association meets the group caps, the members will not be
subject to their individual limits. The individual limits for one nutrient or the other only become effective if the
Association exceeds the group cap for that nutrient. Similarly, if a discharger leaves the association they will be
required to comply with the nutrient limits and conditions contained within their individual NPDES permit.
NPDES permit applications go through a rigorous vetting process. Permit applications are reviewed by Division
permitting staff and are subject to public review and comment before they can be finalized and approved.
Following Division review, each permit goes out to public notice followed by a 30-day public comment period.
Major permits may also be subject to EPA review. If there is strong opposition to the issuance of the permit a
public hearing may also be held to receive additional input. If no significant comments are received by the Division,
the permit is finalized. Once approved NPDES permits are valid for 5 years and are renewed on a basinwide cycle.
Phase IV Agreement
The Phase IV Agreement is the fourth iteration of a nutrient control Agreement for point source discharges in the
Tar-Pamlico River Basin. The first phase of the Agreement was initiated in 1990 in response to nutrient-driven
water quality impairments in the Pamlico River estuary and its Nutrient Sensitive Water designation. The
Agreement launched the overall Tar-Pamlico nutrient management strategy. Under the Agreement an association
of point source dischargers, the Tar-Pamlico Basin Association, receives collective annual end-of-pipe nitrogen and
phosphorus loading caps based on the overall performance goals for the nutrient strategy of 30 percent reduction
in nitrogen loading and no increase in loading of phosphorous from the baseline year 1991. In the event that either
cap is exceeded, the Association must fund agricultural practices at a predetermined cost-effectiveness rate of
$13.15 per pound of nitrogen to offset those exceedances through the NC Agriculture Cost Share Program.
Applicability of the Agreement is limited to existing dischargers who are members of the Association. As of 2024 fifteen
municipal wastewater treatment plants are members of the Association (Figure 1).

4

Figure 1. Tar-Pamlico Basin Association Members – 2024

TPBA Facility NPDES
Permit Number
Belhaven NC0026492
Bunn NC0042269
Enfield NC0025402
Franklin County NC0069311
Greenville Utilities Commission NC0023931
Louisburg NC0020231
Oxford NC0025054
Pinetops NC0020435
Robersonville NC0026042
Rocky Mount NC0030317
Scotland Neck NC0023337
Spring Hope NC0020061
Tarboro NC0020605
Warrenton NC0020834
Washington NC0020648

Table 1. Summary of Existing Requirements for Tar-Pam NPDES Permitted Dischargers
Current
Requirements
Tar-Pam WW Rule
(15A NCAC 02B .0733;
As of April 1, 2020)
TPBA Group Permit
(NPDES NCC000002)
Phase IV Agreement
(2015-2025)

Applicability

New & Expanding NPDES
Permitted Dischargers

TPBA Members Only

TPBA Members Only

Nutrient Controls for Existing
NPDES Permitted Dischargers

N/A

Establishes Individual and Combined
end-of-pipe nitrogen and phosphorus
discharge allocations the fifteen TPBA
members.

Establishes Individual and Combined
end-of-pipe nitrogen and
phosphorus discharge allocations
the fifteen TPBA members.

Offset Option for Nutrient
Cap Exceedances

N/A

Dischargers may fund Ag BMPs
through Ag Cost Share Program to
offset Cap Exceedances in a given
calendar year.

Dischargers may fund Ag BMPs
through Ag Cost Share Program to
offset Cap Exceedances in a given
calendar year.

Banked offset credit can be used to
offset up to 10% of cap exceedance
in a given year.

Association Membership
Enrollment / Termination

N/A

Notify Division / Updates Made to
Group Allocation; Terminated
Dischargers must meet Individual
Permit TN and TP limits.

Notify Division / Updates Made to
Group Allocation; Terminated
Dischargers must meet Individual
Permit TN and TP limits.

5

Table 1. Summary of Existing Requirements for Tar-Pam NPDES Permitted Dischargers (Continued)
Current
Requirements
Tar-Pam WW Rule
(15A NCAC 02B .0733;
As of April 1, 2020)
TPBA Group Permit
(NPDES NCC000002)
Phase IV Agreement
(2015-2025)

Monitoring & Reporting

N/A

Monitor as specified in Individual
NPDES Permit; Submit annual report
to Division by March 1st of each year.

If Association exceeds 85% of TN or
TP Cap in any calendar year it must
develop loading projections, evaluate
nutrient controls & identify
improvements to ensure continued
compliance.

Monitor effluent TN and TP; Submit
annual report to Division by March
1st of each year.

Nutrient Controls for New &
Expanding Facilities

All new & expanding
facilities over 0.5 MGD
receive based on equivalent
concentrations of 3.5 mg/L
TN & 0.5 mg/L TP for
Domestic discharges.

Industrial Limits = BAT.

Acquire allocation from
existing dischargers or offset
credits pursuant to 02B
.0703 sufficient for 10 years.

TPBA members can expand
within their current
allocations.

N/A

Points to Requirements for New &
Expanding Discharges in Rule .0733

Transfers of allocation via
connection smaller facilities to
larger facilities

N/A

Changes to TN & TP allocations are
allowed when resulting from
regionalization (accepting
wastewater from another facility
resulting in elimination of that
discharge).

N/A

Summary of Proposed Revisions to .0733 Rule
The main goal of the proposed revisions to 15A NCAC 02B .0733 is to codify the existing requirements for the TPBA
dischargers which are currently addressed in the TPBA Group Permit and Phase IV Agreement, while also
modernizing and reorganizing the rule language for better clarity. None of the proposed revisions to the Rule
change the nutrient allocations assigned to the individual TPBA members or the core elements of the long-standing
group compliance framework the Association currently operates under. Similarly, the updates proposed for new
and expanding dischargers allowing for the use of reserve allocation and existing offset credits only serve to
provide additional options for meeting implementation requirements. As discussed later in this analysis, the
proposed rule revisions are not expected to result in increased costs to NPDES dischargers or the regulated
community at large and in some cases add increased flexibility for meeting the existing requirements.

6

Definitions
Item (3) of the Rule was updated to include definitions for the terms “Active Allocation”, “Association”, “Limit” and
“Reserve Allocation”. Definitions for these terms are already provided in the TPBA Group NPDES Permit. The
definitions added to the Rule are similar in meaning to those included in the permit but have been simplified to
provide better clarity in the context of the Rule.
Combined N&P Discharge Allocations for TPBA
A new Item (4) was added to the Rule to specify the combined end-of-pipe nitrogen and phosphorus discharge
allocations for the existing 15-member Association of point source dischargers. The combined annual allocations of
891,271 pounds of nitrogen and 161,070 pounds of phosphorus per year come directly from the TPBA Group
NPDES Permit and were derived from the 1995 TMDL for the Tar-Pamlico Estuary and the Agreement. This item
continues the long-standing group compliance approach requiring the Association not exceed its nutrient
discharge allocations plus any nutrient offset credits obtained in accordance with G.S. 143-214.26 and the Nutrient
Offset Rule (.0703).
This item also includes new language referencing the other parts of the Rule (Items (7) through (9)) that allow for
the group discharge cap to be modified in the future through either the expansions of existing dischargers, the
addition of new members to the Association or transfers when a discharger accepts discharge from another
facility. Adding this language to the Rule provides additional clarity and recognizes the allocations provided in the
Rule are dynamic and any future changes to these allocations would be reflected in changes to the group NPDES
permit. This is not a change to how adjustments to allocations are implemented. This language was added simply
for clarification purposes to address comments provided by the Tar-Pam Basin Association.
Individual N&P Discharger Allocations for TPBA Members
A new Item (5) provides the nitrogen and phosphorus discharge allocations for each of the fifteen dischargers that
are members of the TPBA. These allocations come directly from Appendix A of the TPBA Group NPDES permit
which were derived from the 1995 TMDL for the Tar-Pamlico Estuary and the Agreement. The sum of the
individual allocations in this item equals the combined group caps described in Item (4) of the Rule. These
individual allocations are also included in each of the discharger’s individual NPDES permits. As with Item (4) this
Item was also updated to included references to the other parts of the Rule allowing for changes to individual
nitrogen and phosphorus allocations that would be reflected through updates to the group NPDES permit. Again,
this language was added to address comments provided by the Tar-Pam Basin Association.
Nutrient Offset Option for TPBA
Item (5) also includes the provision allowing TPBA members to offset cap exceedances in a given year though the
purchase of nutrient offsets in accordance with the Nutrient Offset Rule NCAC 02B .0703. Referencing the nutrient
offset rule as the foundation for acquiring offset credits will invoke existing market-based rates set by private
mitigation bankers or the Division of Mitigation Services. This is an improvement on the current approach that
utilizes an outdated fixed ($13.15 per pound TN) nutrient offset payment rate paid to fund Ag BMPs through the
Ag Cost Share Program and squares the offset option for the Association with the offset option already in the .0733
rule for new and expanding dischargers.
Nutrient Controls for New Dischargers
The language in Item (6) has been reorganized for clarity but adds no new treatment requirements for new
facilities. New dischargers continue to have the option to acquire existing allocation or nutrient offset credits to
offset the nutrient load from the proposed new discharge as already provided in the current rule. The only

7

substantive update to this Item is the addition of the provision giving new facilities the option to request the use of
reserve allocation to offset the proposed new discharge. Use of reserve allocation is contingent upon approval
from the Division.
Nutrient Controls for Expanding Dischargers
The language in Item (7) has been reorganized for clarity but adds no new treatment requirements for expanding
facilities. The language has been updated to include a minimum flow threshold requiring facilities expanding to
permitted flows greater than 100,000 gallons per day be assigned nitrogen and phosphorus allocations. The
current rule does not include a minimum threshold meaning an expansion of any size would be subject to the
requirements and assigned nitrogen and phosphorus allocations. All of the Tar-Pam Basin Association dischargers
already have permitted flows greater than 100,000 gallons a day so this provision would only apply to handful of
small non-Association facilities in the basin should they ever look to increase their discharge. There has not been
an expansion request from any of the non-Association facilities since the past two decades while the current rule
has been in place
The addition of this minimum flow threshold serves as a benefit for smaller facilities serving a smaller population
as they are unlikely to have the space or the tax base available to fund upgrades to their facilities to achieve
treatment levels to achieve the equivalent discharge concentrations needed to meet assigned nutrient allocations.
Additionally, given their small size and limited flow, such relatively small expansions are not considered to pose a
risk to nutrient loading or water quality in the Tar-Pamlico estuary.
The inclusion of a minimum flow threshold does not change the requirements already in place for the expanding
dischargers that exceed the flow threshold. Expanding dischargers continue to have the option to acquire existing
allocation or nutrient offset credits to offset the proposed increased discharge as already provided in the current
rule. This Item has been updated to also add the option for expanding facilities to request the use of reserve
allocation to offset the proposed increased discharge. Use of reserve allocation for expansions is contingent upon
approval from both the Division and the TPBA.
Revisions to nutrient controls for expanding dischargers also includes the proposed deletion of the language in
Sub-Item (6)(g) of the current rule. The language being proposed for deletion currently allows for those facilities
expanding to a permitted flow of greater than 0.5 MGD that are already meeting specific treatment criteria to
petition the Director for an exemption from the requirements of the Rule calling on them to treat to best available
technology. In order to qualify for such an exemption, the expanding facility would first need to demonstrate that
they have already achieved the reduction goals of the nutrient strategy and that the proposed expansion would
not exceed those goals. Specifically, they would need to demonstrate that pre-expansion they have reduced their
annual average nitrogen and phosphorus loading by 30% from their 1991 loading levels. Similarly, they would also
need to demonstrate that post-expansion their annual average nitrogen and phosphorus loading is not greater
than 70 percent of their 1991 loading levels.
This exemption provision in the Rule has never been utilized and is extremely unlikely to be used in the future. Its
use is considered very unlikely since there have been zero expansion requests since the nutrient strategy was first
implemented 25 years ago. Also, there only a small number of facilities in the basin that meet the flow
qualifications and those that do serve such small populations and have experienced such little population growth,
if any at all, that the likelihood of them ever needing to expand is considered highly unlikely. For these reasons
staff believe the deletion of the language in the Sub-Item (6)(g) will not result in any new costs to local
governments or the regulated community.

8

Reserve Allocation
As noted above, both Items (6) and (7) of the Rule include a provision allowing new and expanding Association and
Non-Association dischargers to request use of reserve allocation to offset their new or expanding nutrient load.
Use of reserve allocation is a new option providing additional flexibility for new and expanding dischargers to
offset their loads and meet the requirements of the Rule. This reserve allocation is noted in the table in Item (5) of
the Rule and is the result of an industrial discharger ceasing its discharger at the end of 2004 and terminating its
membership in the TPBA. As a result, the departing facilities 59,798 lb/yr TN and 3,898 lb/yr TP allocations were
removed from the Associations group cap at that time.
Under Item (6) of the proposed rule revision new proposed facilities can submit a request to the Division to use a
portion of the reserve allocation. Similarly, as provided in Item (7) of the Rule, expanding facilities can also request
use of the reserve allocation. Item (7)(e) also requires any expanding facility (both non-Association and
Association) that requests use of reserve allocation to have its discharge limits assigned using mass equivalent
concentrations of 3.5 mg/L TN and 0.5 mg/L TP.
Use of reserve allocation by a proposed new facility or proposed expanding facility is contingent upon approval
from both the Division and the TPBA.
Group Compliance Association Option
A new Item (8) simply serves to codify the option dischargers in the basin have to form a group compliance
association or join an existing association and collectively meet their nitrogen and phosphorus load limits. Sub-
Item (8)(a) through (8)(h) lay out the key elements for forming group compliance association that mimics how the
current TPBA operates per the requirements in their Group Permit.
One provision of note in this Item is the recognition of “existing offset credits” in Sub-Item (8)(f). This provision
allows an Association to use offset credits that have been previously acquired. In the case of the TPBA, this
recognizes that the Association continues to have the option, as provided under the Phase IV Agreement to use
offset credits they have previously acquired under the Agreement to offset a future exceedance. The TPBA
currently has 59,297 existing offset credits available for use for a one-time offset.
The criteria for how these banked offset credits can be used is currently only addressed in the Phase IV Agreement
and the criteria for their use will be formalized in the TPBA Group Permit during the next permit renewal cycle.
Since the current TPBA group permit does not contain any language addressing the use of existing offset credits,
adding this language to the Rule creates a clear regulatory pathway for the Association for using this option after
the Phase IV Agreement expires in 2025. Ensuring the continued availability of this option also helps avoid the
potential additional costs associated with the other offset options available, like purchasing allocation from
another discharger or purchasing offset credits from a private mitigation banker.
Transfers
A new Item (9) was added to recognize that any discharger who accepts wastewater from another permitted
facility that results in the elimination of the other discharge will have the eliminated facilities nitrogen and
phosphorus allocations transferred into the receiving facilities NPDES permit and added to the accepting
discharger’s allocation. The transfer of allocation to the facility receiving the wastewater is currently recognized in
the TPBA group permit where it is referred to as “regionalization.”

9

Rule Readoption Timeline
The Division has been working closely with stakeholders on the development of the proposed rule revisions in
order to have the revised rules approved with an effective date of June 1, 2025. This target effective date was
chosen to ensure the requirements for the TPBA are codified in rule by the time the Phase IV agreement expires at
the end of May 2025. The individual steps of the rule readoption timeline are provided in Figure 2 below.
Figure 2. Timeline for Readoption of Rule NCAC 02B .0733

Summary of Impacts
The proposed revisions to NCAC 02B .0733 serve to codify existing requirements from the TPBA Group NPDES
Permit and additional options for meeting those existing requirements. Furthermore, the requirements already in
rule for new and expanding dischargers remain unchanged. As such, none of the proposed rule revisions result in
increased costs to the regulated community or state or local governments operations. In fact, the proposed
revisions provide multiple benefits. They add clarity to the rule requirements, establish clear regulatory pathways
to available compliance options, and add flexibility to meeting the existing permit requirements through the
addition of new options. These benefits are briefly summarized by in the sections below.

Impacts to New & Expanding Dischargers
The requirements for new and expanding dischargers remain unchanged in the proposed rule and do not
represent any new costs to the regulated community. The most notable addition creating a benefit for new and
expanding dischargers is the provision giving both new and expanding dischargers the option to request approval
to use reserve allocation for the purpose of offsetting an approved new or increase in discharge. This update adds
flexibility by adding a new option for meeting existing requirements and does not preclude dischargers from
exploring other available options to offset their new or proposed increased discharge, which they may determine
to be more cost-effective depending on their circumstance. The other available options include the purchase or
lease of allocation from existing facilities or the purchase of offset credits in accordance to rule .0703. Additionally,
under the provisions of their Group NPDES permit the TPBA retains the ability to reapportion their TN and TP
allocations among themselves at any time and notify the Division to incorporate the resulting changes in the
permit.
June – July 2024
Refine Rule Language
with Stakeholder Input
August 2024
Complete Draft
Regulatory Impact
September 2024
WQC Approval to
Proceed to EMC

November 2024
EMC Approval to go to
Public Comment
January-February 2025
Public Hearings
Process Comments
May 2025
EMC Adoption
of Rule

10

Impacts to Existing Discharger Requirements
The nutrient allocations and group compliance framework for existing dischargers remain unchanged in the
proposed rule revisions and do not represent any new costs.
One notable provision added to the Rule is the recognition of “existing offset credits” in Sub-Item (8)(f). This
provision allows an Association to use offset credits that have been previously acquired. Since the current TPBA
group permit does not contain any language addressing the use of existing offset credits, adding this language to
the Rule creates a clear regulatory pathway for the Association for using this option after the Phase IV Agreement
expires in 2025. Ensuring the continued availability of this option also helps avoid the potential additional costs
associated with the other offset options available, like purchasing allocation from another discharger or purchasing
offset credits from a private mitigation banker.
The other notable update to the rule impacting existing dischargers is the transition away from using the dated
$13.15 per pound of nitrogen flat rate to purchase nutrient offsets by funding agriculture best management
practices through the state’s Agriculture Cost Share Program. Instead, the rule has been updated to require offsets
be acquired in accordance with the nutrient offset rule (.0703) which will invoke existing market-based rates set by
private mitigation bankers or the Division of Mitigation Services (DMS). This aligns the offset option for the
Association with the offset option already in the .0733 rule for new and expanding dischargers.
Utilizing the existing framework of the .0703 rule has the added benefit of addressing the need for both nitrogen
and phosphorus offsets versus a fixed offset rate that is reflective of nitrogen only as is currently in the Group
NPDES permit via reference to the Phase IV Agreement. The costs of both nitrogen and phosphorus credits are
publicly available and are established according to a rule-based actual cost method. Current offset rates published
on the DMS website for the Tar-Pamlico River Basin are $12.37 per pound of nitrogen and $190.31 per pound of
phosphorus.
The TPBA Group Permit and Phase IV Agreement are silent on a phosphorus offset so utilizing the nutrient offset
rule and established market-based rates provides a viable regulatory pathway to provide a nitrogen and
phosphorus offset option while ensuring the offset payments received are sufficient to fund the appropriate
offsets.
Impacts to State & Local Governments
None of the proposed revisions to Rule 15A NCAC 02B .0733 require any changes to the operations of federal,
state, or local government. As such the proposed revisions do not result in any new cost but do provide benefits to
both the state and local governments. The state benefits through the rules improved clarity and enforceability by
creating a more direct link between the requirements put forth in the Rule and what is called for in the NPDES
permits. This has the added benefit of serving to help to avoid potentially time-consuming legal challenges to
requirements in the permits. Likewise, local governments benefit from the improved clarity of the rule allowing for
easier interpretation of the requirements, the clear regulatory pathways it establishes for the compliance options
available to their locally operated municipal wastewater treatment plants, and the added flexibility of additional
options for meeting the requirements in the rule.
Scope of Analysis: Assumptions & Uncertainties
The scope of the proposed rule revisions and associated impact analysis is limited to NPDES permitted dischargers
with a nutrient discharge located within the Tar-Pamlico River Basin. This includes fifteen Municipal Wastewater
Dischargers that are currently members of the TPBA, eleven non-association municipal and domestic dischargers,
and ten industrial dischargers. When considering potential impacts of the proposed rule revisions staff considered
the limitations and uncertainties as they relate to current performance of the TPBA, changes in population and

11

flow trends in the basin over the past two decades, and the likelihood of future expansion and new discharger
requests. Each of these factors are discussed in more detail below.
TPBA Nutrient Reductions Performance
Since the first phase of the Agreement was initiated in 1990 the TPBA has consistently discharged below their
collective nitrogen and phosphorus allocations. In almost 35 years of operating under the Agreement they have
not once needed to purchase credits to offset a cap exceedance. In 2023 the TPBA collectively discharged 70% of
their permitted TN load and 68% of their permitted TP load. The combined average effluent concentrations for the
Association in 2023 were 6.93 mg/L TN and 1.21 mg/L TP. For comparison, at their full permitted flow the
equivalent concentrations for the current TPBA nutrient caps would be on average 4.7 mg/L TN and 0.84 mg/L TP.
Considering the TPBA has remained consistently below the discharge caps for the past several decades staff
believe it is unlikely that any of its members will need to request a discharge expansion for at least the next ten
years. The 2023 TPBA performance data is summarized in Table 2 below.
Table 2. Tar-Pamlico Basin Association Performance (2023)
TPBA Performance, 2023 TN TP
Permitted Cap (lbs.) 891,271 161,070
Loading (lbs.) 627,985 109,790
Cap Room (lbs.) 263,286 51,280
% TPBA Cap 70% 68%
Average Effluent Concentration (mg/L) 6.93 1.21

Population Growth in Tar-Pamlico River Basin
The Division also reviewed population data for the areas of the basin served by the TPBA dischargers to evaluate
growth trends. According to US Census population data, the population Tar-Pamlico River Basin saw only a slight
increase of 5.13% over the 20-year period between 2000-2020. That is an average annual population growth of
just 0.25% for the basin. Of the fifteen TPBA members only four serve areas that have experienced population
increases during that time-period: Greenville, Franklin County, Oxford, and Washington (Table 3).
For this analysis staff assume the entire population of the basin is served by municipal sewer and did not consider
that a portion of the population is serviced by onsite wastewater (septic) systems. As a result, this analysis likely
overestimates the population served by the municipal wastewater treatment systems in the basin. While economic
development remains a priority for the local governments in the Tar-Pamlico River Basin, population growth trends
in this watershed do not indicate a growing domestic demand. At this time, the Division is not aware of any
pressing domestic expansion needs in the basin.

12

Table 3. Population Growth of TPBA Service Areas (2000 – 2020)

Facility
2000
Population
2020
Population
Change in
Population
% Change in
Population
Belhaven 1,937 1,413 -524 -27.1%
Bunn 396 351 -45 -11.4%
Enfield 2,625 1,864 -761 -29.0%
Franklin County 47,611 70,859 23,248 48.8%
Greenville 63,788 88,098 24,310 38.1%
Louisburg 3,025 2,921 -104 -3.4%
Oxford 8,366 8,657 291 3.5%
Pinetops 1,431 1,196 -235 -16.4%
Robersonville 1,764 1,262 -502 -28.5%
Rocky Mount 59,349 54,248 -5,101 -8.6%
Scotland Neck 2,403 1,641 -762 -31.7%
Spring Hope 1,318 1,303 -15 -1.1%
Tarboro 11,437 10,647 -790 -6.9%
Warrenton 1,132 851 -281 -24.8%
Washington 9,616 9,797 181 1.9%

TPBA Permitted Flow vs. Actual Flow
All of the major municipal dischargers in this basin are members of the Tar-Pamlico Basin Association and
represent 98.7% of the total permitted flow in the basin. In 2023 the combined annual flow of the 15-member
TPBA was 29.7 MGD out of a collective permitted flow of 62.3 MGD. The TPBA is currently discharging at less than
half (47.6%) of their available permitted flow (Table 5). A review of the Associations historical flow data from 1991
to 2023 indicates no clear trends in flow. Given the Association members have a significant amount of room to
increase their flows as a whole, staff believe it is unlikely that any of its individual members will need to request a
flow expansion over the next decade.
History of New Discharge Requests in the Tar-Pamlico River Basin
There has only been limited interest in proposing new discharges in the Tar-Pamlico River Basin. Staff are aware of
only two proposals in the past two decades. In 2020 Novozymes received Division approval for an NPDES permit
for a new 2.0 MGD discharge facility to discharge treated process wastewater. Novozymes met the new discharge
requirements of the .0733 rule by purchasing the appropriate nutrient offsets from a private mitigation bank. The
only other new discharge proposed in the Tar-Pamlico Basin over the past two decades was a proposed discharge
from Creedmoor in 2010. This proposal did not go beyond the engineering analysis stage and ultimately
Creedmoor chose not to apply for a NPDES permit in the Tar-Pamlico Basin and continues its discharge to the
Neuse River Basin.

13

Table 4. TPBA Permitted Flows vs 2023 Average Flows

NPDES Permit No.

Facility
Permitted Flow
(MGD)
2023 Flow
(MGD)
% of
Flow
Used
NC0020435 Pinetops 0.30 0.206 68.7%
NC0023931 Greenville 17.50 11.250 64.3%
NC0020648 Washington 3.65 2.329 63.8%
NC0042269 Bunn 0.15 .080 52.4%
NC0030317 Rocky Mount 21.00 9.923 47.3%
NC0069311 Franklin County 3.00 1.281 42.7%
NC0020231 Louisburg 1.37 0.576 42.0%
NC0025402 Enfield 1.00 0.336 33.6%
NC0020605 Tarboro 5.00 1.523 30.5%
NC0023337 Scotland Neck 0.68 0.206 30.3%
NC0025054 Oxford 3.50 1.038 29.7%
NC0020061 Spring Hope 0.40 0.100 25.0%
NC0026492 Belhaven 1.00 0.233 23.3%
NC0020834 Warrenton 2.00 0.426 21.3%
NC0026042 Robersonville 1.80 0.304 16.9%
Total 62.345 MGD 29.755 MGD 47.6%
Conclusion
The need to put the existing point source requirements contained in the TPBA Group NPDES permit and
Agreement in rule is driven by increasing pressure on the Division to ensure that requirements imposed on the
regulated community that meet the Administrative Procedure Act (APA) definition of a rule are in fact codified in
rule. Codifying the point source requirements in rule not only accomplishes satisfying the requirements of the APA,
but it also has the added benefit of establishing a more enforceable foundation for the TMDL driven requirements
of the nutrient management strategy and helps avoid future potential legal challenges to the requirements in the
Association’s NPDES Group Permit which has incorporated key requirements of the Agreement over time.
As this analysis has demonstrated, none of the proposed revisions to the Rule change the nutrient allocations
assigned to the individual TPBA members or the core elements of the long-standing group compliance framework
the Association currently operates under. These revisions are not expected to result in increased costs to any state,
federal, or local government agency or any member of the regulated community. However, while they do not
result in any new costs, the updates proposed create notable benefits for dischargers by providing additional
options for meeting implementation requirements such as allowing the use of reserve allocation and existing
offset credits.
Likewise, the proposed revisions will not result in increased costs to any state, federal, or local government. They
do however provide several benefits like clarifying the procedural aspects for how the NPDES permit requirements
are implemented, increasing enforceability by establishing a more direct link between the rule and permit, and

14

providing clear regulatory pathways for using both current and new options for meeting the discharge treatment
and nutrient offset requirements of their individual and group NPDES permits.

15

Appendices

Appendix A – Proposed Rule Text – 15A NCAC 02B .0733

Appendix B – TPBA NPDES Group Permit

Appendix C – Phase IV Agreement

Appendix A – Proposed Rule Text – 15A NCAC 02B .0733

DWR- Proposed Revisions – July 25th, 2024
15A NCAC 02B .0733 TAR-PAMLICO NUTRIENT STRATEGY: WASTEWATER DISCHARGE 1
REQUIREMENTS NEW AND EXPANDING WASTEWATER DISCHARGER 2
REQUIREMENTS 3
The following is the National Pollutant Discharge Elimination System (NPDES) wastewater discharge management 4
strategy for new and expanding wastewater dischargers in the Tar-Pamlico River basin: 5
(1) Purpose. The purpose of this Rule is to establish minimum nutrient control requirements for new 6
and expanding point source discharges in the Tar-Pamlico River Basin in order to maintain or restore 7
water quality in the Pamlico Estuary and protect its designated uses. 8
(2) Applicability. This Rule applies to all discharges from wastewater treatment facilities in the Tar-9
Pamlico River Basin that receive nitrogen- or phosphorus-bearing wastewater and are required to 10
obtain individual NPDES permits. This Rule applies to Tar-Pamlico Basin Association member 11
facilities on or after June 1, 2025. This Rule applies to other facilities upon this Rule's effective date. 12
(3) Definitions. The terms used in this Rule, in regard to point source dischargers, treatment facilities, 13
wastewater flows or discharges, or like matters, shall be as defined in Rule .0701 of this Section and 14
as follows: 15
(a) “Active Allocation” means that portion of an allocation that has been applied toward and 16
is expressed as a nutrient limit in an individual NPDES permit. 17
(b) “Association” means the Tar-Pamlico Basin Association, a not-for-profit corporation 18
consisting of NPDES-permitted dischargers in the Tar-Pamlico River Basin; established 19
voluntarily by its members to work cooperatively to meet the aggregate TN and TP 20
allocations originally established in the Tar-Pamlico Nutrient TMDL and subsequently in 21
the group permit. 22
(a)(c) "Existing" means that which obtained an NPDES permit on or before December 8, 1994. 23
(b)(d) "Expanding" means that which increases beyond its permitted flow as defined in in this 24
Item. Item (4) of this Rule. 25
(e) “Limit” means the mass quantity of nitrogen or phosphorus that a discharger or group of 26
dischargers is authorized through an NPDES permit to release into surface waters of the 27
Tar-Pamlico River Basin. 28
(c)(f) “New" means that which had not obtained an NPDES permit on or before December 8, 29
1994. 30
(4) (g) "Permitted flow" means the maximum monthly average flow authorized in a facility's NPDES 31
permit as of December 8, 1994. 32
(h) “Reserve Allocation” means allocation that is held by a permittee or other person but that 33
has not been applied toward and is not expressed as a nutrient limit in an individual NPDES 34
permit. 35
(4) This Item specifies the total combined end of pipe nitrogen and phosphorus discharge allocation for 36
existing Association point source dischargers. 37
DWR- Proposed Revisions – July 25th, 2024
(a) Unless revised as provided for in Items (7) through (9) of this Rule, in accordance with the 1
Nitrogen and Phosphorus TMDL for the Tar-Pamlico River Estuary, approved in 1995 by 2
the US Environmental Protection Agency (EPA), the total active nitrogen and phosphorus 3
discharge allocations for Association point source dischargers shall not exceed 891,271 in 4
pounds of nitrogen and 161,070 pounds of phosphorus per calendar year. The nutrient loads 5
discharged annually by these point sources shall not exceed these nitrogen and phosphorus 6
discharge allocations plus any nutrient offset credits obtained in accordance with G.S. 143-7
214.26 and Rule .0703 of this Section. In the event the Association’s allocations are revised 8
as provided for in Items (7) through (9) of this Rule, the NPDES group permit shall be 9
modified to reflect those changes to the active nitrogen and phosphorus discharge mass 10
allocations and limits set forth in this Rule. 11
(b) The Commission shall order future revisions in the Nitrogen and Phosphorus TMDL and 12
nitrogen and phosphorus discharge allocations whenever necessary to ensure that water 13
quality in the estuary meets all applicable standards in 15A NCAC 02B .0200 or to conform 14
with applicable State or federal requirements. 15
(5) This Item specifies the individual nitrogen and phosphorus discharge allocations for existing 16
Association point source dischargers in accordance with the 1995 TMDL. 17
(a) Unless revised as provided for in Items (7) through (9) of this Rule, the following 18
individual discharge mass allocations for total nitrogen and total phosphorus shall apply in 19
conformance with the values in Item (4) of this Rule: 20
21
Mass Allocations (pounds/year)
Facility Name NPDES No. Total Nitrogen Total Phosphorus
Belhaven NC0026492 14,261 2,577
Bunn NC0042269 4,278 773
Enfield NC0025402 14,261 2,577
Franklin County NC0069311 42,784 7,732
Greenville NC0023931 249,576 45,103
Louisburg NC0020231 19,538 3,531
Oxford NC0025054 49,915 9,021
Pinetops NC0020435 4,278 773
Robersonville NC0026042 25,671 4,639
Rocky Mount NC0030317 299,491 54,124
Scotland Neck NC0023337 9,626 1,740
Spring Hope NC0020061 5,705 1,031
Tarboro NC0020605 71,307 12,887
DWR- Proposed Revisions – July 25th, 2024
Warrenton NC0020834 28,523 5,155
Washington NC0020648 52,054 9,407
Association Total
Active Allocation

891,271

161,070
Allocation in Reserve 59,798 3,898
1
(b) In the event that the nitrogen and phosphorus TMDL and their discharge allocations for 2
point sources are revised, as provided in Item (4) of this Rule, the Commission shall 3
apportion the revised load among the existing facilities and shall revise discharge 4
allocations as needed. The Commission may consider such factors as: 5
(i) fate and transport of nitrogen and phosphorus in the river basin; 6
(ii) technical feasibility and economic reasonableness of source reduction and 7
treatment methods; 8
(iii) economies of scale; 9
(iv) nitrogen and phosphorus control measures already implemented; 10
(v) probable need for growth and expansion; and 11
(vi) incentives for nutrient management planning, utilities management, resource 12
protection, and cooperative efforts among dischargers. 13
(5)(6) This Item specifies nutrient controls for new facilities. 14
(a) Proposed new wastewater dischargers New facilities proposing to discharge wastewater 15
shall evaluate all practical alternatives to surface water discharge pursuant to 15A NCAC 16
02H .0105(c)(2) prior to submitting an application to discharge. 17
(b) New facilities shall document in their permit application that they have acquired some 18
combination of the following allocations and offsets sufficient to meet the annual limits 19
required elsewhere in this Item for the proposed discharge: 20
(i) nitrogen and phosphorus allocations from existing dischargers; 21
(ii) reserve allocation pursuant to Sub-Item (c) of this Item; and 22
(iii) nitrogen and phosphorus offset credits pursuant to Rule .0703 of this Section. 23
Allocation and offset credits shall be sufficient for no less than 10 subsequent years of 24
discharge at the proposed design flow rate in accordance with 15A NCAC 02H .0112(c). 25
(c) New facilities proposing to use any portion of the reserve allocation described in Sub-Item 26
(5)(a) of this Rule shall submit a written request to the Division for approval of the 27
proposed use. The request shall include concurrence for its use by the Association. 28
(b)(d) New facilities shall meet The technology-based nitrogen and phosphorus discharge limits 29
that shall not exceed the following: for a new facility shall not exceed: 30
DWR- Proposed Revisions – July 25th, 2024
(i) For facilities treating municipal or domestic wastewater, the mass load equivalent 1
to a concentration of 3.5 mg/L TN and 0.5 mg/L TP at the monthly average flow 2
limit in the facility's NPDES permit; and 3
(ii) For facilities treating industrial wastewater, the mass load equivalent to the best 4
available technology economically achievable, calculated at the monthly average 5
flow limit in the facility's NPDES permit. 6
(c) Proposed new dischargers submitting an application shall acquire nutrient allocation from 7
existing dischargers or nutrient offset credits pursuant to Rule .0703 of this Section for the 8
mass load dictated by this Item. The allocation and offset credits shall be sufficient for any 9
partial calendar year in which the permit becomes effective plus 10 subsequent years of 10
discharge at the proposed design flow rate in accordance with 15A NCAC 02H .0112(c). 11
(d) The Director shall not issue a permit authorizing discharge from a new facility unless the 12
applicant has satisfied the requirements of Sub-Items (a), (c), and (e) of this Item. If a 13
facility's permit contains tiered flow limits for expansion, the Director shall not authorize 14
an increased discharge unless the applicant has satisfied the requirements of Sub-Items (a), 15
(c), and (e) of this Item. 16
(e) Subsequent applications for permit renewal or, where an existing permit will contain tiered 17
limits, requests to discharge at an increased flow, shall demonstrate that the facility has 18
sufficient nitrogen and phosphorus allocation or offset credits to meet its effluent nutrient 19
limitations for any partial calendar year in which the permit becomes effective plus 10 20
subsequent years of discharge at the proposed an increased design flow rate in accordance 21
with 15A NCAC 02H .0112(c). 22
(f) The Director shall not issue a permit authorizing discharge from a new facility unless the 23
applicant has satisfied the requirements of Sub-Items (a) through (d) of this Item. If a 24
facility's permit contains tiered flow limits for expansion, the Director shall not authorize 25
an increased discharge unless the applicant has satisfied the same requirements of this Item. 26
(f)(g) The Director shall establish more stringent limits for nitrogen or phosphorus upon finding 27
that such limits are necessary to protect water quality standards in localized areas. 28
(6)(7) This Item specifies nutrient controls for expanding facilities. 29
(a) Expanding facilities shall evaluate all practical alternatives to surface water discharge 30
pursuant to 15A NCAC 02H .0105(c)(2) prior to submitting an application to discharge. 31
(b) The nitrogen and phosphorus discharge limits for expanding Non-Association facilities 32
shall be assigned in accordance with the following: 33
(i) Expanding non-Association municipal or domestic wastewater facilities 34
requesting permitted flows greater or equal to 0.1 MGD will be assigned the mass 35
equivalent to a concentration of 3.5 mg/L TN and 0.5 mg/L TP at the monthly 36
average flow limit in the facility’s NPDES permit; and 37
DWR- Proposed Revisions – July 25th, 2024
(ii) Expanding non-Association facilities treating industrial wastewater will be 1
assigned the mass load equivalent to the best available technology economically 2
achievable, calculated at the monthly average flow limit in the facility's NPDES 3
permit. 4
(c) An expanding facility that is a member of the Association, as defined in Sub-Item (3)(b) 5
of this Rule, shall not exceed the nitrogen and phosphorus loads equivalent to its active 6
allocations unless they receive Division approval for an increase in their discharge as 7
described elsewhere in this Item. 8
(d) Facilities submitting application for increased discharge or, where an existing permit will 9
contain tiered limits, for authorization to discharge at an increased flow, may acquire 10
nitrogen and phosphorus allocations from existing dischargers or nitrogen and phosphorus 11
offset credits pursuant to Rule .0703 of this Section, or may acquire reserve allocation in 12
compliance with sub-Item (e) of this Item for the proposed discharge. The acquired 13
allocations and offset credits, combined with any preexisting allocations, shall be sufficient 14
to meet its effluent nutrient limits as established elsewhere in this item for any partial 15
calendar year in which the permit becomes effective plus 10 subsequent years of discharge 16
at an increased design flow rate in accordance with 15A NCAC 02H .0112(c). 17
(e) A facility that submits an application to increase its discharge may request approval from 18
the Division to use a portion of the reserve allocation described in Sub-Item (5)(a) of this 19
Rule. Approval will be based on the following criteria: 20
(i) The expanding facility demonstrates that upon expansion their nitrogen and 21
phosphorus discharge would not exceed the mass load equivalent to a 22
concentration of 3.5 mg/L TN and 0.5 mg/L TP, calculated at the monthly average 23
flow limit in the facility's NPDES permit; 24
(ii) The expanding facility requesting use of reserve allocation has received written 25
approval from the Association. 26
(iii) Should the facility cease to discharge, the portion of the reserve allocation that 27
was activated will revert back to reserve allocation; and 28
(f) The Director shall not issue an NPDES permit authorizing increased discharge from an 29
existing facility unless the applicant has satisfied the requirements of Sub-Items (a) through 30
(e) of this Item. If a facility's permit contains tiered flow limits for expansion, the Director 31
shall not authorize discharge at an increased flow unless the applicant has satisfied the 32
same requirements of this Item. 33
(f)(g) The Director shall modify an expanding facility's permit to establish more stringent limits 34
for nitrogen or phosphorus upon finding that such limits are necessary to protect water 35
quality standards in localized areas. 36
DWR- Proposed Revisions – July 25th, 2024
(b) The nitrogen and phosphorus discharge limits for an expanding facility shall not exceed 1
the greater of loads equivalent to its active allocation and offset credit, or the following 2
technology-based mass limits: 3
(i) For facilities treating municipal or domestic wastewater, the mass equivalent to a 4
concentration of 3.5 mg/L TN and 0.5 mg/L TP at the monthly average flow limit 5
in the NPDES permit; and 6
(ii) For facilities treating industrial wastewater, the mass load equivalent to the best 7
available technology economically achievable, calculated at the monthly average 8
flow limit in the facility's NPDES permit. 9
(c) Facilities submitting application for increased discharge or, where an existing permit 10
contains tiered flow limits, for authorization to discharge at an increased flow, shall acquire 11
or demonstrate contractual agreement to acquire, prior to authorization to discharge at the 12
increased flow, nutrient allocation from existing dischargers or nutrient offset credits 13
pursuant to Rule .0703 of this Section for the proposed discharge above 0.5 million gallons 14
per day (MGD). The allocation and offset credits shall be sufficient to meet its effluent 15
nutrient limitations for any partial calendar year in which the permit becomes effective plus 16
10 subsequent years of discharge at the proposed design flow rate in accordance with 15A 17
NCAC 02H .0112(c). 18
(d) The Director shall not issue a permit authorizing increased discharge from an existing 19
facility unless the applicant has satisfied the requirements of Sub-Items (a), (c), and (e) of 20
this Item. If a facility's permit contains tiered flow limits for expansion, the Director shall 21
not authorize discharge at an increased flow unless the applicant has satisfied the 22
requirements of Sub-Items (a), (c), and (e) of this Item. 23
(e) Subsequent applications for permit renewal shall demonstrate that the facility has sufficient 24
nitrogen allocation or offset credits to meet its effluent nutrient limitations for any partial 25
calendar year in which the permit becomes effective plus 10 subsequent years of discharge 26
at the proposed design flow rate in accordance with 15A NCAC 02H .0112(c). 27
(g) Existing wastewater dischargers expanding to greater than 0.5 MGD design capacity may 28
petition the Director for an exemption from Sub-Items (a) through (c) and (e) (a), (b), (d), 29
and (e) of this Item upon meeting and maintaining all of the following conditions: 30
(i) The facility has reduced its annual average TN and TP loading by 30 percent from 31
its annual average 1991 TN and TP loading. Industrial facilities may alternatively 32
demonstrate that nitrogen and phosphorus are not part of the waste stream above 33
background levels. 34
(ii) The expansion does not result in annual average TN or TP loading greater than 70 35
percent of the 1991 annual average TN or TP load. Permit limits shall be 36
established to ensure that the 70 percent load is not exceeded. 37
DWR- Proposed Revisions – July 25th, 2024
(8) This Item describes the option for dischargers to form a group compliance association or join an 1
existing group compliance association, to collectively meet nitrogen and phosphorus load limits. 2
(a) Any or all facilities within the basin may form a group compliance association or join an 3
existing group compliance association, to meet nitrogen and phosphorus limits collectively. 4
Any such new association formed shall apply for and shall be subject to an NPDES group 5
permit that establishes the effective total nitrogen and phosphorus limits for the association 6
and for its members. More than one group compliance association may be established. No 7
facility may be a co-permittee member of more than one association formed pursuant to 8
this Rule at any given time. 9
(b) An association may modify its membership at any time upon notification to the Division. 10
At such time, the Division shall adjust the nitrogen and phosphorus allocations and limits 11
in the NPDES group permit to reflect the change in membership. 12
(c) No later than 180 days prior to coverage under a new NPDES group permit, or expiration 13
of an existing group permit, the association and its members shall submit an application 14
for an NPDES permit for the discharge of total nitrogen and total phosphorus to the surface 15
waters of the Tar-Pamlico River Basin. The NPDES group permit shall be issued to the 16
association and its members as co-permittees. 17
(d) An association's limit of total nitrogen and total phosphorus shall be the sum of its 18
members' individual allocations and nutrient offset credits plus any other allocation and 19
offset credits obtained by the association or its members pursuant to this strategy. 20
(e) An association and its members may reapportion their individual allocations and nutrient 21
offset credits on an annual basis. The NPDES group permit shall be modified to reflect the 22
revised individual allocations and limits. 23
(f) If an association does not meet its limits in any year, it shall obtain or use existing nutrient 24
offset credits in accordance with G.S. 143-214.26 and Rule .0703 of this Section to offset 25
its mass exceedance no later than July 1 of the following year. 26
(g) An association’s members shall be deemed compliant with the permit limits for total 27
nitrogen and total phosphorus contained in their individually issued NPDES permits while 28
they are members in an association. An association’s members shall be deemed compliant 29
with their individual limits in the NPDES group permit in any year in which the association 30
is in compliance with its limit. If the association exceeds its group limit, the association 31
and any members that exceed their individual limits in the NPDES group permit shall be 32
deemed to be out of compliance with the group permit. 33
(h) Upon the termination of a group compliance association, members of the association shall 34
be subject to the limits and other nutrient requirements of their individual NPDES permits. 35
(9) If an NPDES-permitted discharger or association of dischargers accepts wastewater from another 36
NPDES-permitted treatment facility in the Tar-Pamlico River Basin and that acceptance results in 37
DWR- Proposed Revisions – July 25th, 2024
the elimination of the discharge from that other treatment facility, the eliminated facility's total 1
nitrogen and phosphorus allocations shall be transferred into the receiving facility’s NPDES permit 2
and added to its allocations. 3
4
5
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1); 143-215.8B; 143B-282; 6
Eff. April 1, 1997; 7
Recodified from 15A NCAC 02B .0229 Eff. April 1, 2020; 8
Readopted April 1, 2020. 9
Amended Eff. June 1, 2025. 10
Appendix B – Tar-Pam Basin Association Group Permit

ROY COOPER
Governor
MICHAEL 5, REGAN
Secretary
S. DANIEL SMITH
Director
Mr. David Springer, Chairman
Tar -Pamlico Basin Association
P.O. Box 1847
Greenville, North Carolina 27835
Dear Mr. Springer:
NORTH CAROLINA
Ertwlronmeretay Quality
December 16, 2020
Subject: Issuance of NPDES Permit NCC000002
Tar -Pamlico Basin Association
In accordance with the application received on June 29, 2020, the Division is forwarding
herewith the subject NPDES group permit issued to the Tar -Pamlico Basin Association and its
co-permittee members. This permit is issued pursuant to the requirements of North Carolina
General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the
U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended).
The Division invited comments on the draft permit and received comments from the Permittee
and the Division s Raleigh Regional Office staff. The final permit and fact sheet include the
following changes:
Unassigned Nutrient Allocations. The Fact Sheet has been revised to clarify that the
Division still considers the unassigned TN & TP allocations (associated with the National
Spinning facility) to be available for use by a future discharger, provided that their use is
consistent with the Tar -Pamlico Nutrient TMDL, the Phase IV Nutrient Sensitive Waters
Agreement, and other applicable requirements. In the meantime, the allocations will be held
in reserve.
Reporting Date. The due date for the Association's Five -Year Report, Condition A.(5.)(e.),
has been corrected to July 1, 2025.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-
6714). Unless such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division
may require modification or revocation and reissuance of the permit. This permit does not
affect the legal requirements to obtain other permits which may be required by the Division of
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Issuance of NPDES Permit NCC000002
December 16, 2020
Water Resources or any other Federal, State, or Local governmental permits that may be
required.
If you have any questions concerning this permit, please contact Mike Templeton at (919) 807-
6402, or by e-mail at mike. [e-mail].
Sincerely,
S. Daniel Smith
Enclosures: NPDES Permit NCC000002
Fact Sheet
Response to Comments
eCopies: NPDES Permitting Section, EPA Region 4 (SIC 4952)
Raleigh and Washington Regional Offices, WQ Programs
Heather Deck, Sound Rivers, Inc.
Nora Deamer, Basin Planning Branch
WSS/ Ecosystems Unit
Copies: NPDES Unit Files
00002_cov_Itrfinal pmt-202011216.docx
12118120201:14 PM
Permit No. NCC000002
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, the
Tar -Pamlico Basin Association
and Its Co-Permittee Members
are hereby authorized to discharge Total Nitrogen and Total Phosphorus from the Co-Permittee
Member treatment facilities listed herein to receiving waters in the Tar -Pamlico River Basin in
accordance with effluent limitations, reporting requirements, and other conditions set forth in this
permit.
The conditions in this group permit supplement the conditions in the Co-Permittee Members'
individual NPDES wastewater permits. Together, the group and individual permits establish an
integrated set of nutrient control requirements to achieve the aims of the Tar -Pamlico Estuary Nutrient
TMDL (1995) in a manner consistent with the Tar -Pamlico Nutrient Sensitive Waters Implementation
Strategy, as revised. All conditions in the Co-Permittee Members' individual permits remain in full
effect except as specifically provided in those permits.
This permit shall become effective............................................................................................. January 1, 2021.
This permit and the authorization to discharge shall expire at midnight on ................ December 31, 2025.
Signed this day.................December 16, 2020.
r S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit No. NCC000002
Certificate of Coverage
Page ii of ii
TABLE OF CONTENTS
CERTIFICATE OF COVERAGE.............................................................................................................................i
PARTI - SPECIAL CONDITIONS......................................................................................................................1
SECTION A - WASTEWATER CONTROLS
A.(1.) DEFINITIONS.....................................................................................................................................1
A.(2.) CO-PERMITTEES AND TN ALLOCATIONS................................................................................2
A. (3.) EFFLUENT LIMITATIONS...............................................................................................................2
A. (4.) MONITORING REQUIREMENTS...................................................................................................3
A.(5.) REPORTING REQUIREMENTS.......................................................................................................3
A. (6.) COMPLIANCE....................................................................................................................................4
PART II - STANDARD CONDITIONS................................................................................................................1
SECTION A - APPLICABILITY OF PARTS II & III.......................................................................................1
SECTION B - DEFINITIONS.............................................................................................................................1
SECTION C - GENERAL CONDITIONS.......................................................................................................2
SECTION D - MONITORING AND RECORDS............................................................................................5
SECTION E - REPORTING REQUIREMENTS..............................................................................................7
PART III - OTHER REQUIREMENTS................................................................................................................9
APPENDIX A - CO-PERMITTEES AND NUTRIENT ALLOCATIONS .................................................. A-1
Permit No. NCC000002
Part I, Page 1 of 5
PART
SPECIAL CONDITIONS
A.(1.) DEFINITIONS
a.) Agreement: The Tar -Pamlico Nutrient Sensitive Waters Implementation Strategy: Phase IV
Agreement, adopted July 9, 2015, and subsequent revisions.
b.) Active Allocation: Allocation that is included in calculation of nutrient load limits. Allocation
held by a permittee is active by default but may be designated as reserve allocation by the
Division or at the request of the permittee. (See also Reserve Allocation.)
c.) Allocation (or "TN (or TP) Allocation"): (1) The mass quantity (as of TN or TP) that a discharger
or group of dischargers (such as the Association) is potentially allowed to release to surface
waters in a calendar year in accordance with the Tar -Pamlico Nutrient TMDL and Agreement. TN
or TP) Allocations may be expressed as active or reserve allocation. (2) In practice, the term can
refer to a permittee's or group's allocation as a whole or to some portion of those values.
d.) Association: The Tar -Pamlico Basin Association, a not -for -profit corporation consisting of
NPDES-permitted dischargers in the Tar -Pamlico River Basin; established voluntarily by its
members to work cooperatively to meet the aggregate TN and TP Allocations established in the
Tar -Pamlico Nutrient TMDL and the Agreement.
e.) Co-Permittee Members: Those NPDES dischargers that in a given calendar year are members of
the Association and are listed in Appendix A of this permit.
f.) Limitation (or "TN (or TP)Limit(ation)" or "TN (or TP) Load Limit(ation):: The mass quantity,
such as of TN or TP specified in an NPDES permit as the maximum that an individual
discharger or group of dischargers is authorized to discharge to surface waters in a calendar year.
The TN or TP Limitation is the sum of active allocations held by an individual Co-Permittee
Member (in the case of individual limitations) or held in the aggregate by the Association and its
Co-Permittee Members (in the case of group limitations).
g.) Load (or "TN (or TP) Load" ): The actual mass quantity (as of TN or TP) that a discharger or
group of dischargers releases into surface waters of the Tar -Pamlico River Basin.
h.) Regionalization: The consolidation of wastewater collection and/or treatment systems that
results in the elimination of one or more NPDES-permitted discharges.
i.) Reserve Allocation: Allocation that is not included in the calculation of nutrient limits. The
Division may designate allocation as reserve when water quality -based effluent limitations are
established to prevent localized impacts and render that allocation inactive, when treatment of
the allocation as active would be inconsistent with the Tar -Pamlico Nutrient TMDL or the
Agreement; or at the request of the member or the association holding the allocation. (See also
Active Allocation, WQBELs.)
Total Maximum Daily Load (of TMDL): (1) Generally, the allowable load of a pollutant that can
be discharged to a water body without causing loss of that water's designated uses. (2) In the
context of this permit, refers to the 1995 nutrient TMDL for the Tar -Pamlico River Estuary,
approved by the U.S. Environmental Protection Agency on August 10,1995, and any subsequent
revisions approved by the EPA.
k.) Total Nitrogen (TN): The sum of the organic, nitrate, nitrite, and ammonia species of nitrogen in
a water or wastewater.
1.) Total Phosphorus (TP): The sum of the orthophosphate, polyphosphate and organic phosphate
species of phosphorus in a water or wastewater.
m.) Water Quality -Based Effluent Limitations (WQBELs): Limitations calculated specifically to
ensure that a discharge does not cause an exceedance of water quality standards in waters
Permit No. NCC000002
Part I, Page 2 of 5
upstream of the Pamlico Estuary. In the context of this permit, individual WQBELs pertain only
to Total Nitrogen and Total Phosphorus limits for individual co-permittee members.
A.(2.) CO-PERMITTEE TN AND TP ALLOCATIONS
a.) Co-Permittees to this permit shall be the Tar -Pamlico Basin Association (the "Association") and
each of its Co-Permittee Members. The Co-Permittee Members, the Members' individual TN and
TP allocations/ limits, and the Association TN and TP allocations/ limits shall be as listed in
Appendix A, which is hereby incorporated into this permit in its entirety.
b.) Upon timely and proper notification by the Association as described elsewhere in this permit or
in regulation, the Division shall revise Appendix A to incorporate changes in Association
membership, allowable changes in TN and TP allocations/ limits, or reapportionment of
allocations by the Association and the Co-Permittee Members.
i.) Changes in membership.
A) Enrollment. In the event that a discharger is admitted to the Association, the Division
shall add the discharger and its TN and TP allocations to Appendix A as a Co-
Permittee Member and adjust the Association's allocations/ limits accordingly.
B) Termination. In the event that a Member ceases to be a Co-Permittee to this permit or
its membership is terminated, the Division shall delete the Member and its TN and TP
allocations from Appendix A and adjust the Association's allocations/ limits
accordingly.
ii.) For the purposes of this permit, allowable changes in TN and TP allocations/ limits include
those resulting from purchase of allocation or offsets from the NC Agriculture Cost Share
Program or other authorized source; purchase, sale, trade, or lease of allocation among the
Association, its members, and non-member dischargers; regionalization; and other
transactions approved by the Division.
iii.) The Association and its Co-Permittee Members may reapportion their TN and TP
allocations among themselves; however, the Division shall modify this permit to incorporate
the resulting changes into Appendix A only when specifically requested in writing by the
Association and after such changes have been incorporated into the affected individual
permits at the request of the permittees.
c.) For the purposes of this permit, Association membership, individual or Association TN and TP
allocations and associated limits, and allocation status (active or reserve) are effective on a
calendar year basis, and any changes shall become effective no sooner than January 1 of the
following calendar year.
A.(3.) EFFLUENT LIMITATIONS
a.) Beginning on the effective date of this permit and lasting no later than the expiration date, the Co-
Permittees are authorized to discharge Total Nitrogen (TN) and Total Phosphorus (TP) from the
treatment facilities listed in Appendix A subject to the following effluent limitations.
i.) For the purposes of this permit, compliance with TN and TP Limitations shall be
determined separately, and non-compliance with a TN Limitation shall not signify non-
compliance with the corresponding TP Limitation, and vice versa.
ii.) Association TN and TP Limitations. In any calendar year, the Association's TN and TP
Loads shall not exceed its TN or TP Limitations as specified in Appendix A.
iii.) Co-Permittee Member TN and TP Limitations. In any calendar year, a Co-Permittee
Member shall be in compliance with its TN (or TP) Limitation in Appendix A if:
A) the Association TN (or TP) Load does not exceed the Association TN (or TP)
Limitation in Appendix A, or
Permit No. NCC000002
Part I, Page 3 of 5
B) in the event that the Association TN (or TP) Load exceeds its TN (or TP) Limitation,
the Co-Permittee Member's individual TN (or TP) Load does not exceed that Member's
TN (or TP) Limitation in Appendix A.
b.) Individual WQBELs: If the Division determines that a Co-Permittee Member's TN or TP
discharge has reasonable potential to cause localized water quality impacts upstream of the Tar -
Pamlico estuary, it may further restrict the discharge of the nutrient(s) of concern to prevent the
localized impact. The Division will then propose to incorporate the new limit(s) into the
Member's individual NPDES permit and this group permit according to standard permitting
procedures. Once an individual WQBEL becomes effective in this group permit, the Member is
subject to the new limit in lieu of the Association TN or TP Limit.
c.) Other Individual Limitations. In the event that a Co-Permittee Member's membership in the
Association is terminated, the departing Member shall no longer be eligible for coverage under
this permit and shall become subject to the TN and TP limitations set forth in its individual
NPDES permit.
i.) Termination of co-permittee status and re -imposition of a discharger's individual TN and
TP limitations shall become effective only at the beginning of a calendar year (January 1).
ii.) The Association shall notify the Division if it determines that any Member will depart at the
end of a calendar year and shall provide an accounting of all allowable changes in the
Member's TN and TP Allocations since the most recent issuance of the departing Member's
individual NPDES permit.
iii.) Upon receipt of the notification and accounting described above, the Division shall modify
the TN and TP limitations in the departing Member's individual NPDES permit as
necessary, effective January 1 of the succeeding year, to reflect all allowable changes in the
outgoing Member's TN and TP Allocations, and shall also modify Appendix A of this
permit accordingly.
A.(4.) MONITORING REQUIREMENTS
a.) Each Co-Permittee Member shall continue to monitor its discharge(s) and report the results to the
Division as specified in its individual NPDES permit.
b.) The Association shall assemble the results of its Co-Permittee Members and report the combined
results to the Division as specified in Condition A.(5.), below.
A.(5.) REPORTING REQUIREMENTS
a.) The Association shall serve as the primary point of contact between the Division and the Co-
Permittee Members on matters related to this permit, unless otherwise noted. The Association's
responsibilities in this regard include:
i.) preparation and submittal of any reports required by this permit or of related information
requested by the Division;
ii.) submittal of any request for modification or renewal of this permit; and
iii.) distribution to the Co-Permittee Members of correspondence from the Division, including
but not limited to that pertaining to permit issuance, modification, and renewal; compliance;
and reporting.
b.) Notification of Membership/ Allocation Changes. No later than July 1 of each year, the
Association shall request, as necessary and in writing, modification of this permit to reflect
changes in membership or in TN or TP allocations to become effective in the following calendar
year. The Association may revise its request through proper written notification.
c.) Year -End Report. No later than March 31 of each year, the Association shall submit a year-end
report to the Division. The report shall include, at a minimum, the following information for the
previous calendar year:
Permit No. NCC000002
Part I, Page 4 of 5
i.) a tabular summary of the total and individual TN and TP Loads discharged by the
Association and its Co-Permittee Members during the year;
ii.) a summary of changes in Association membership; and
iii.) a summary of all regionalization of discharges, purchases, sales, trades, leases, and other
transactions affecting the TN or TP Allocations of the Association or its Co-Permittee
Members.
d.) Annual Loading Projections; Progress Reports. If the Association exceeds 85% of its TN or TP
limitation in any calendar year, the Association shall, no later than July 1 of the following year,
develop annual loading projections of its co-permittee members' discharges, evaluate the
effectiveness of the members' nutrient controls, identify improvements sufficient to ensure
continued compliance with the nutrient limits, and submit to the Division a report of its findings,
proposed treatment improvements and related actions, and a timeline for implementing the
proposed measures. If necessary controls cannot be implemented in time to prevent exceedance
of the existing TN or TP limitation, the Association shall purchase offset credit(s) in advance
according to Condition A.(6)(b), below.
e.) Five -Year Report. No later than July 1, 2025, in conjunction with application for renewal of this
permit, the Association shall submit a 5-year report to the Division. The report shall include, at a
minimum, the following information:
i.) a detailed summary of all membership changes and allowable changes in TN and TP
Allocations of the Association or its Co-Permittee Members occurring during the term of
this permit;
ii.) a description of the Association's nutrient control strategy during that time;
iii.) a summary of substantial new measures undertaken during that time to control nutrient
discharges;
iv.) a general assessment of progress made; and
v.) a description of efforts planned for the upcoming permit term, if known.
A.(6.) COMPLIANCE
a.) In the event that the Association exceeds its TN or TP Limitation in a given calendar year, the
Association shall, no later than July 1 of the following year, make full and sufficient payment to
the NC Agriculture Cost Share Program or other agent approved by the Division to acquire offset
credits for the excess load(s) and provide documentation of the credits to the Division's
Wastewater Branch.
b.) If the annual loading projections developed for Condition A.(5)(d), above, indicate that the
Association will likely exceed its TN or TP limitation in the coming year, the Association shall
also, no later than July 1 of the current year:
i.) acquire sufficient credits to offset the projected exceedance(s), and
ii.) provide documentation of the credits to the Divisions Wastewater Branch along with a
written request and applicable fee for modification of this permit for the purpose of adding
the acquired credits to the Association allocations/ limits in Appendix A.
c.) For any calendar year in which the Association exceeds its TN or TP limitation, the Association
shall be in violation of this permit, and the Division may take appropriate enforcement action
against the Association.
d.) For any calendar year in which the Association exceeds its TN or TP limitation, any Co-Permittee
Member that exceeds its corresponding limitation shall also be in violation of this permit, and the
Division may take appropriate enforcement action against the Member for such exceedance.
e.) For any calendar year in which a Co-Permittee Member exceeds an individual TN (or TP)
WQBEL applied to it, the Member shall be in violation of this permit, regardless of Association
Permit No. NCC000002
Part I, Page 5 of 5
compliance, and the Division may take appropriate enforcement action against the Member for
such exceedance.
f.) Submittal of offset payments shall not limit the Division's authority to enforce the terms and
conditions of this permit nor shall it relieve the Association or its Co-Permittee Members of their
responsibility to comply with any other applicable federal, state, or local law, rule, standard,
ordinance, order, judgment, or decree. In determining the amount of any penalty to be assessed
against the Association or its Co-Permittee Members, the Division shall credit the Association or
its Members for any offset payments submitted by each, provided that the Association includes
with the offset payment submittal an accounting of each Member's contribution.
g.) No Co-Permittee Member shall be liable for any other Co-Permittee Member's non-compliance
with this permit.
A.(7.) CALCULATION OF MASS LOADS
For the purposes of this permit, monthly and annual TN and TP Loads shall be calculated as follows:
a.) Individual Facility Monthly TN (or TP) Load (lb/mo) = TN (or TP) x TMF x 8.34
where:
TN or TP = the average Total Nitrogen or Total Phosphorus concentration
mg/L) of the composite samples collected during the month
TMF = the Total Monthly Flow of wastewater discharged during the
month (MG/mo)
8.34 = conversion factor, from (mg/L x MG) to pounds
b.) Individual Facility Annual TN (or TP) Load (lb/yr) = Sum of the 12 Monthly TN (or TP) Loads for
the calendar year
c.) Combined Annual TN (or TP) Load (lb/yr) = Sum of All Members' TN or (TP) Loads for the
calendar year
END OF PART I -
Permit No. NCC000002
Appendix A
Page 1 of 1
APPENDIX A
TAR-PAMLICO BASIN ASSOCIATION
MEMBERS/ CO-PERMITTEES AND NUTRIENT ALLOCATIONS/ LIMITS
Member/ Co-Permittee Permit Facility
Total Nitrogen
Allocations/Limits
Total Phosphorus
Allocations/Limits
kg/yr) lb/yr)1 kg/yr) lb/yr)l
1. Belhaven, Town of NCO026492 Belhaven WWTP 6,469 14,261 1,169 2,577
2. Bunn, Town of NCO042269 Bunn WWTP 1,941 4,278 351 773
3. Enfield, Town of NCO025402 Enfield WWTP 6,469 14,261 1,169 2,577
4. Franklin County NCO069311 Franklin County WWTP 19,407 42,784 3,507 7,732
5. Greenville Utilities Commission NCO023931 GUC WWTP 113,206 249,576 20,458 45,103
6. Louisburg, Town of NCO020231 Louisburg WWTP 8,862 19,538 1,602 3,531
7. Oxford, City of NCO025054 Oxford WWTP 22,641 49,915 4,092 9,021
8. Pinetops, Town of NCO020435 Pinetops WWTP 1,941 4,278 351 773
9. Robersonville, Town of NCO026042 Robersonville WWTP 11,644 25,671 2,104 4,639
10. Rocky Mount, City of NCO030317 Tar River Regional WWTP 135,847 299,491 24,550 54,124
11. Scotland Neck, Town of NCO023337 Scotland Neck WWTP 4,367 9,626 789 1,740
12. Spring Hope, Town of NCO020061 Spring Hope WWTP 2,588 5,705 468 1,031
13. Tarboro, Town of NCO020605 ITarboro WWTP 32,345 71,307 5,845 12,887
14. Warrenton, Town of NCO020834 lWarrenton WWTP 12,938 28,523 2,338 5,155
15. Washington, City of NCO020648 lWashington WWTP 23,611 52,054 4,267 9,407
TOTAL ALLOCATIONS 404,274 891,271 73,060 161,070
Association Limits z 1 891,271 161,070
Footnote:
1. For the purposes of this permit,1 kg = 2.20462 lb. Values in the table are displayed to the nearest whole kg/yr or lb/yr.
2. Association Limits may differ from the apparent sums of individual values due to the effects of rounding.
Permit No. NCC000002
Parts II & III
Page 1 of 9
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A - APPLICABILITY OF PARTS II AND III
Parts II and III of this permit contain standard conditions that apply specifically to individual permittees
that own or operate a treatment facility. These (or similar) conditions are routinely found in North
Carolina's NPDES wastewater permits, including those of the Tar -Pamlico Basin Association's co-permittee
members. The conditions do not necessarily apply to the Association or its members within the context of
this group permit. The group permit includes those standard conditions that apply here at least in part. For
the purposes of determining compliance with this permit, these conditions shall be read with the following
understanding:
a. The Tar -Pamlico Basin Association serves as a governing body for its Members. It neither owns nor
operates treatment facilities. Consequently, the standard conditions in Parts II and III of this permit
which by their terms or meaning regulate a permittee that owns or operates a treatment facility, or
which are inconsistent with the Special Conditions in Part I of this permit, shall neither be applicable to
nor enforceable against the Association.
b. Each of the Co-Permittee Members governed by this Association permit owns or operates one or more
treatment facilities. Each holds an individual NPDES permit for each facility and remains subject to the
standard conditions in its permit(s). Consequently, the standard conditions in this Association permit
shall neither be applicable to nor enforceable against the individual Co-Permittee Members under this
group permit unless such is clearly consistent with the construction of the permit.
Wherever a standard condition in this Association permit is by its terms or meaning applicable to the
Association or to the membership in its entirety, and it refers to "the permittee," it shall be construed to
mean the Association and its Co-Permittee Members.
SECTION B - DEFINITIONS
1. Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
2. DWR or "the Division'
The Division of Water Resources, Water Quality Programs, Department of Environmental Quality.
3. EMC
The North Carolina Environmental Management Commission.
4. EPA
The United States Environmental Protection Agency.
5. Permit Issuing Authority
The Director of the Division of Water Resources.
Permit No. NCC000002
Parts II & III
Page 2 of 9
SECTION C - GENERAL CONDITIONS
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a
violation of the CWA and is grounds for enforcement action; for permit termination, revocation and
reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)
of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established
under section 405(d) of the CWA within the time provided in the regulations that establish these
standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not
yet been modified to incorporate the requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any such sections in a permit issued under
section 402, or any requirement imposed in a pretreatment program approved under sections
402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each
violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or
405 of the Act, or any condition or limitation implementing any of such sections in a permit issued
under section 402 of the Act, or any requirement imposed in a pretreatment program approved
under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per
day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or
subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not
more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33
USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3
years, or both. In the case of a second or subsequent conviction for a knowing violation, a person
shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment
of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any
permit condition or limitation implementing any of such sections in a permit issued under section
402 of the Act, and who knows at that time that he thereby places another person in imminent
danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than
250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent
conviction for a knowing endangerment violation, a person shall be subject to a fine of not more
than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in
section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger
provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for
second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any
person who violates or fails to act in accordance with the terms, conditions, or requirements of a
permit. [North Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section
301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I
violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for
each day during which the violation continues, with the maximum amount of any Class II penalty
not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]
Permit No. NCC000002
Parts II & III
Page 3 of 9
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or
the environment [40 CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "Power
Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or
Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential
damages, such as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to
under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the
Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or
any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal
rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any
provision of this permit to any circumstances, is held invalid, the application of such provision to other
circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information
which the Permit Issuing Authority may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating this permit or to determine compliance with this permit. The
Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by
this permit [40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this
permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the Permittee shall submit such information,
forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to
the expiration date unless permission for a later date has been granted by the Director. (The Director
shall not grant permission for applications to be submitted later than the expiration date of the existing
permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to
expiration, or any Permittee that does not have a permit after the expiration and has not requested
renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as
provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
Permit No. NCC000002
Parts II & III
Page 4 of 9
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and
certified [40 CFR 122.41(k)].
a. All permit applications shall be signed as follows:
1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the
corporation in charge of a principal business function, or any other person who performs similar
policy or decision making functions for the corporation, or (b) the manager of one or more
manufacturing, production, or operating facilities, provided, the manager is authorized to make
management decisions which govern the operation of the regulated facility including having the
explicit or implicit duty of making major capital investment recommendations, and initiating
and directing other comprehensive measures to assure long term environmental compliance
with environmental laws and regulations; the manager can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for permit application
requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
3) For a municipality, State, Federal, or other public agency: by either a principal executive officer
or ranking elected official [40 CFR 122.221.
b. All reports required by the permit and other information requested by the Permit Issuing Authority
shall be signed by a person described in paragraph a. above or by a duly authorized representative
of that person. A person is a duly authorized representative only if:
1) The authorization is made in writing by a person described above;
2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or well field, superintendent, a position of equivalent responsibility, or an
individual or position having overall responsibility for environmental matters for the company.
A duly authorized representative may thus be either a named individual or any individual
occupying a named position.); and
3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer
accurate because a different individual or position has responsibility for the overall operation of the
facility, a new authorization satisfying the requirements of paragraph (b) of this section must be
submitted to the Director prior to or together with any reports, information, or applications to be
signed by an authorized representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make
the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL
BE ACCEPTED:
I certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility offines and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by
the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of
planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)].
Permit No. NCC000002
Parts II & III
Page 5 of 9
13. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the
laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title
15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General
Statute 143.215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days
after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A
NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit.
SECTION D - MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be representative of the permitted
discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
representative of the discharge for the period the sample represents. All samples shall be taken at the
monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is
diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed
without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and
reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1,1.1, 2,3) or alternative forms
approved by the Director, postmarked no later than the last calendar day of the month following the
completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a
new facility, on the last day of the month following the commencement of discharge. Duplicate signed
copies of these, and all other reports required herein, shall be submitted to the following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall
be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored
discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the
measurements is consistent with the accepted capability of that type of device. Devices selected shall be
capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates
throughout the range of expected discharge volumes. Flow measurement devices shall be accurately
calibrated at a minimum of once per year and maintained to ensure that the accuracy of the
measurements is consistent with the accepted capability of that type of device. The Director shall
approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified
in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this
requirement.
Permit No. NCC000002
Parts II & III
Page 6 of 9
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the
Divisions Laboratory Certification Section (919 733-3908 or https://deq.nc.gov/about/divisions/water-
resources) for information regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the
appropriate field parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant
to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published
pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of
sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless
other test procedures have been specified in this permit [40 CFR 122.411.
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated
must be reported down to the minimum detection or lower reporting level of the procedure. If no
approved methods are determined capable of achieving minimum detection and reporting levels below
permit discharge requirements, then the most sensitive (method with the lowest possible detection and
reporting level) approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any
monitoring device or method required to be maintained under this permit shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two
years per violation, or by both. If a conviction of a person is for a violation committed after a first
conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day
of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage
sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as
required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including:
all calibration and maintenance records
all original strip chart recordings for continuous monitoring instrumentation
copies of all reports required by this permit
copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time
40 CFR 122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall
record the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Permit No. NCC000002
Parts II & III
Page 7 of 9
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), upon the presentation of credentials and other
documents as may be required by law, to;
a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is
located or conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of
this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)].
SECTION E - REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The
discharge of any pollutant identified in this permit more frequently than or at a level in excess of that
authorized shall constitute a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or
additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40
CFR 122.29(b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the
permit, nor to notification requirements under 40 CFR 122.42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal
practices, and such alteration, addition or change may justify the application of permit conditions
that are different from or absent in the existing permit, including notification of additional use or
disposal sites not reported during the permit application process or not reported pursuant to an
approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility
or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the
Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with
NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and
reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such
other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3),122.61] or state statute.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR
122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or
forms provided by the Director for reporting results of monitoring of sludge use or disposal
practices.
Permit No. NCC000002
Parts II & III
Page 8 of 9
b. If the Permittee monitors any pollutant more frequently than required by this permit using test
procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or
other appropriate instrument governing the discharge, the results of such monitoring shall be
included in the calculation and reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally
within 24 hours from the time the Permittee became aware of the circumstances. A written
submission shall also be provided within 5 days of the time the Permittee becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance, and its
cause; the period of noncompliance, including exact dates and times, and if the noncompliance has
not been corrected, the anticipated time it is expected to continue; and steps taken or planned to
reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if
the oral report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Divisions Emergency
Response personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this
permit at the time monitoring reports are submitted. The reports shall contain the information listed in
Part II.E.6. of this permit [40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly
submit such facts or information [40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of
the Division as soon as possible, but in no case more than 24 hours or on the next working day following
the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant
amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the
contents of a sludge digester; the known passage of a slug of hazardous substance through the
facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without
treatment of all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following
first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of
this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal
Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public
inspection at the offices of the Division. As required by the Act, effluent data shall not be considered
confidential. Knowingly making any false statement on any such report may result in the imposition of
criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
Permit No. NCC000002
Parts II & III
Page 9 of 9
11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this permit,
including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two
years per violation, or by both [40 CFR 122.411.
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide
an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee
NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system,
as well as the extent to which the facility was compliant with applicable Federal or State laws,
regulations and rules pertaining to water quality. The report shall be provided no later than sixty days
after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation.
The report shall be sent to:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
PART III
OTHER REQUIREMENTS
SECTION A - CONSTRUCTION
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's
treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the
Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from
such AtC permit requirements under Item b. of this Section.
b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a
contract for the construction, installation, or alteration of any treatment work or disposal system or to
construct, install, or alter any treatment works or disposal system within the State when the system's or
work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of
industrial waste or sewage from an industrial facility and the discharge of the industrial waste or
sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the
waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if
required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have
been submitted by the Permittee and approved by the Division.
END OF PARTS II & III -
Fact Sheet - NPDES Permit
0 Tar -Pamlico Basin Association
M' NPDES No. NCC000002
NORTH CAROLINA Final PermitErtktr0nfh#Ptd1 QU0111y
December 16, 2020
PERMIT ACTION
By its letter of June 29, 2019, the Tar -Pamlico Basin Association and its member facilities applied for
renewal of the subject NPDES permit governing the group's collective discharge of Total Nitrogen
and Total Phosphorus to the Tar -Pamlico River and estuary.
The Division made a tentative determination to renew the Association's group permit and
published public notice of this determination in the principle newspaper for each county in the
river basin, the last being published on November 4, 2020. The only comments received were those
of the Permittee. The Division made a final determination to reissue the permit as proposed. Its
response to comments received is presented at the end of this Fact Sheet.
INTRODUCTION
Nutrient Controls.
In December 1989, responding to the estuary's nutrient problems, the NC Environmental
Management Commission (EMC) designated the Tar -Pamlico River basin as Nutrient Sensitive
Waters (NSW), requiring a basin -wide nutrient strategy. The first phase of the strategy largely
targeted wastewater treatment plants and other point sources. Of these, a coalition of 16 dischargers
known as the Tar -Pamlico Basin Association (TPBA) accounted for 93 % of the permitted flows in
the basin. The Phase I (1990-1994) Agreement among the Division, the TPBA, and other parties,
included a nutrient 'trading' program between point and nonpoint sources that served as a
nationwide model of innovation.
Modeling of the estuary was completed in 1993, and the results documented in the December 1994
Tar -Pamlico River Basinwide Water Quality Management Plan. Nutrient reduction targets required
that Total Nitrogen (TN) loads to the estuary (1991 baseline) be reduced by 30 percent and that
Total Phosphorus (TP) loads be held at baseline levels. The reduction targets were used to calculate
group caps for nitrogen and phosphorus for point sources in the basin. The Division provided the
Basinwide Plan to the U.S. EPA, and the EPA approved the document as a Nutrient TMDL in 1995.
The nutrient control strategy has been revised and updated periodically since the first Agreement
Phase I) was established in 1989. The most recent Agreement (Phase IV) was approved by the
Environmental Management Commission on July 9, 2015, and expires December 31, 2024.
Portions of the estuary remain on the 303(d) list based on exceedance of the 40 µg/L chlorophyll a
criterion.
Nutrient Limits for Point Sources.
The Agreement was long the mechanism by which the group caps on point source nutrient
discharges were governed. In the 2009 permit cycle, the EPA expressed concern that the Agreement
did not provide enforceable nutrient limits and accountability among the Association members.
The Division worked with the TPBA to divide the group caps among the members. In the 2014
renewal, it added nutrient limits to the members' individual NPDES permits based on the
Fact Sheet — Final Permit Tar -Pamlico Basin Association
December 16, 2020 NPDES No. NCC000002
members' individual TN and TP allocations. The permits included a compliance date of January 1,
2016 for the nutrient limits.
The Association applied for and obtained a group permit to govern total nitrogen and total
phosphorus in a collective fashion. The group permit became effective on January 1, 2016. Group
limits in the permit replace those in the members' individual permits so long as the Association as a
whole meets its group limits. In this way, the permit preserves the group compliance approach that
has been the hallmark of the nutrient strategy since it was first developed. The permit also includes
individual limits for each member that become effective under certain circumstances to address the
EPA's enforcement concerns.
PERMIT OVERVIEW
Co-Permittees
The Tar -Pamlico Basin Association ("TPBA," or the "Association") is a not -for -profit corporation
established in North Carolina. The Association provides a framework in which its members can
work collectively to meet point source nutrient targets in the basin.
The Association's members are municipal wastewater utilities. All members discharge under
existing individual NPDES permits. In 2015, the City of Creedmoor was accepted as a member in
anticipation of its establishing a new discharge in the Tar -Pamlico basin. The City later decided not
to pursue that option. The TPBA modified its by-laws to require its members to be NPDES permit -
holders. As a result, the City no longer qualified and is no longer a member of the Association.
Scope of the Permit
The Association and its members are co-permittees under the group permit. In general, the
Association serves as the contact between the Division and the co-permittee members in matters
pertaining to this permit.
The group permit governs the collective discharge of Total Nitrogen and Total Phosphorus from
the co-permittees to the estuary consistent with the Agreement and the approved nutrient TMDL.
Requirements in this permit supplement those in the co-permittee members' individual NPDES
permits but do not replace those requirements except where specifically stated.
Each member's individual NPDES permit remains in effect and continues to govern the other
parameters of concern for that discharge.
PROPOSED EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
The group permit includes effluent limitations for TN and TP, monitoring and reporting
requirements, and other special conditions to complement those already found in the members'
individual permits. The nutrient conditions in all of the permits are designed to implement the
approved Nutrient TMDL and the Phase IV Agreement.
Effluent Limitations
Group and Individual TN Limitations
Appendix A of the permit contains (1) the roster of Co-Permittee Members in the Association, (2)
the TN and TP allocations/ limits for each member, and (3) the TN and TP allocations/ limits for
the Association as a whole. The nutrient allocations are expressed both in metric units, as they have
been in the Agreements, and in English units. The group's nutrient limits are expressed in English
units.
All allocations/limits are annual mass limits and apply to a calendar year period.
Fact Sheet — Final Permit Tar -Pamlico Basin Association
December 16, 2020 NPDES No. NCC000002
The group caps will remain in effect and be fully enforceable at all times. So long as the Association
does not exceed its TN or TP cap in a given calendar year, the members are deemed to be in
compliance with their individual limits for that nutrient. If the Association exceeds either group
cap, the members' individual limits for that nutrient will become effective and those members that
contributed to the exceedance are subject to enforcement for their individual exceedances. In the
event of a group exceedance, the Association and its members are also required to purchase
nutrient offset credits to mitigate the impact of the excess nutrient load to the estuary.
Changes in Membership or TN Allocations
The TN and TP allocations of the co-permittee members can change as the result of purchases, sales,
trades, leases, and other transactions. Any such changes would result in similar changes in the
Association's group allocations. Changes in membership also affect the Association's allocations
due to the addition or subtraction of the member's allocation from the group total.
Whenever changes in the allocations or the membership occur, Appendix A of the permit must be
modified in order to formally incorporate those changes and adjust the enforceable limits in the
permit.
The TN and TP allocations/ limits are expressed as calendar year values; therefore, any
adjustments can become effective only at the beginning of the calendar year (January 1) following
the transaction or membership change. The Association will notify the Division each year of
proposed changes in Appendix A (see Reporting Requirements, below).
Initial Co-Permittee Members
The Association currently includes the following co-permittee members and facilities:
Permit Co-Permittee Member Facility
1. NC0026492 Belhaven, Town of Belhaven WWTP
2. NC0042269 Bunn, Town of Bunn WWTP
3. NC0025402 Enfield, Town of Enfield WWTP
4. NC0069311 Franklin County Franklin County WWTP
5. NC0023931 Greenville Utilities Commission GUC WWTP
6. NC0020231 Louisburg, Town of Louisburg WWTP
7. NC0025054 Oxford, City of Oxford WWTP
8. NC0020435 Pinetops, Town of Pinetops WWTP
9. NC0026042 Robersonville, Town of Robersonville WWTP
10. NC0030317 Rocky Mount, City of Tar River Regional WWTP
11. NC0023337 Scotland Neck, Town of Scotland Neck WWTP
12. NC0020061 Spring Hope, Town of Spring Hope WWTP
13. NC0020605 Tarboro, Town of Tarboro WWTP
14. NC0020834 Warrenton, Town of Warrenton WWTP
15. NC0020648 Washington, City of Washington WWTP
The nutrient allocations/ limits for each member are included in Appendix A of the permit. Future
versions of the table will also identify any changes in the individual or group allocations as the
result of approved changes.
Fact Sheet — Final Permit Tar -Pamlico Basin Association
December 16, 2020 NPDES No. NCC000002
Monitoring Requirements
All members of the Association are required under their individual NPDES permits to monitor TN
and TP on a regular basis and report the results in their Discharge Monitoring Reports (DMRs). The
group compliance permit does not duplicate these monitoring requirements nor require additional
nutrient monitoring. The Association will continue to compile the monitoring results of its
members and report its annual loads to the Division on an annual basis.
Instream monitoring is not required under this permit. However, the Association is also a
monitoring coalition and, by separate agreement with the Division, conducts instream monitoring
of nutrients and other parameters of concern.
Reporting Requirements
Each member continued to report its nutrient monitoring results on its individual DMRs. The
Association is not required to duplicate these detailed reports.
The Association submits year-end, annual projection, and 5-year reports on its activities to the
Division. The year-end report (due March 31 of each year) includes an accounting of the
Association's and its members' TN discharges for the previous calendar year for compliance
purposes. It also includes a list of transactions, if any, completed during that period and affecting
TN or TP allocations, an assessment of progress made, and planned activities for the coming year.
The annual projections report (due July 1 after any year in which the Association exceeded 85% of
its TN or TP limit) estimates future loadings, identifies needed improvements in its members'
nutrient controls, and proposes a timeline for improvements. If necessary, the Association will
purchase offset credits to prevent any limits exceedance, document those credits in the report, and
request modification of its permit to incorporate the offsets in its allocations/ limits. The 5-year
report (due July 1, 2020, that is, with its application for renewal) is intended to ensure that the
Division and the Association agree on the group and individual allocations at the end of the permit
term.
Compliance
If, despite its annual projections and purchase of offset credits, the Association exceeds its TN or TP
limit in any calendar year, it is required to make offset payments to the NC Agricultural Cost -Share
Program for the exceedance(s). These offsets notwithstanding, the Division may then take
appropriate enforcement action against the Association or its co-permittee members or both as it
considers necessary and appropriate to address the exceedance.
In the event that the group exceeds one or both nutrient limits, the members' individual nutrient
limits for the affected nutrient(s) become effective, and the Division may also initiate enforcement
actions against those members that exceed their individual limits.
OTHER SPECIAL CONDITIONS
Calculation of Mass Loads. The permit includes a special condition describing how Total Nitrogen
and Total Phosphorus mass loads are to be calculated. This mirrors the condition in the members'
individual permits.
RESERVE NUTRIENT ALLOCATIONS
The original TN and TP allocations/ group caps for the Association were established in the Tar -
Pamlico Nutrient TMDL and the Tar -Pamlico Nutrient Sensitive Waters Agreement among the
Association, the Division, and other parties. When National Spinning (a significant industrial
discharger to the estuary and an early member of the Association) closed its Washington, NC
Fact Sheet - Final Permit Tar -Pamlico Basin Association
December 16, 2020 NPDES No. NCC000002
facility in 2004, its nutrient loads (-27,000 kg/yr (59,500 lbs/yr) TN and -1,800 kg/yr (3,970 lbs./yr)
TP) were subtracted from the overall Association nutrient allocations and group caps. The
Association's remaining allocations/ caps are still "active' and are the bases for the nutrient limits
in the Association's group permit. The subtracted portions are now held in "reserve".
Appendix A of the 2015 permit listed the City of Creedmoor as a co-permittee member and
mentioned in a footnote that some of the now -unassigned allocations would be made available for a
new treatment facility the City planned to build. The footnote was the permit's only reference to the
unassigned allocations.
The City later dropped its plans for the facility. In this 2020 permit, the City has been removed from
the roster in Appendix A, as has the associated footnote.
Despite the loss of this reference, the Division continues to recognize the unassigned allocations as
a portion of the point source Wasteload Allocations for TN and TP and considers them to be
available for use by new dischargers, provided that their use is consistent with the Tar -Pamlico
Nutrient TMDL, the Phase IV Nutrient Sensitive Waters Agreement, and other applicable
permitting and nutrient control requirements. When the need arises, the Division and the TPBA
will determine the amount of allocation to be made available and set the terms and conditions of
their use. (Preliminary discussions began in 2019, when a new discharger expressed an interest in
joining the Association, but those discussions have proceeded no further.)
PUBLIC REVIEW
The attached Response to Comments presents a summary of the public review process, the
comments received, and the Division's responses.
End of Fact Sheet -
RESPONSE TO COMMENTS
Tar -Pamlico Basin Association
NPDES No. NCC000002
December 16, 2020
The Tar -Pamlico Basin Association and its member dischargers applied on June 29,2020, for
renewal of its group NPDES permit. The permit supplements the Association members'
individual NPDES permits and governs their collective discharge of Total Nitrogen and Total
Phosphorus to surface waters draining to the Tar -Pamlico River estuary. The Division made a
tentative determination to issue the permit. Public notices were posted on the Division's web site
and published once in each ofthe following newspapers with circulation in the Tar -Pamlico
basin. Comments were accepted through December 7, 2020.
Newspaper County Date
Online — DEQ websitel Statewide) 10/30/2020
Rocky Mount Telegram Edgecombe 10/30/2020
Daily Reflector (Greenville) Pitt 10/30/2020
The Washington Daily News Beaufort 10/31/2020
The Coastland Times (Manteo) Dare 11/l/2020
Warren Records (Warrenton) Warren 11/4/2020
Franklin Times (Louisburg) Franklin 11/5/2020
Oxford Public Ledger Granville 11/5/2020
The Division also provided a copy of the draft permit to the U.S. EPA Region 4's NPDES
Permitting Section for review.
The Division received two responses during the comment period, from the Permitee and from
the Division's Raleigh Regional Office staff. The comments and the Division's responses are
presented below.
Status of Unassigned Nutrient Allocations
Comment: The Association expressed concern that the draft permit no longer included a
reference to the TN and TP allocations originally associated with the National
Spinning facility in Washington, NC (now closed). Appendix A of the 2015
permit noted that the allocations would be made available to a new treatment
facility being proposed by the City of Creedmoor. Because the City did not
pursue its plans for the facility, it became ineligible for membership in the
Association and has been removed from the list of members in Appendix A,
along with the reference to the unassigned allocations. The Association asked
that either the permit or fact sheet be revised to note the continued existence
of the allocations in case they are needed by another new discharger in the
future.
1 hM2s:Hdeq.nc.,gov/news/events/notice-intent-issue-Udes-wastewater-permit-ncc000002-tar-pamlico-basin-association
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Response to Comments (cont.) Tar -Pamlico Basin Association, NCC000002
Response: Despite having removed the reference to the unassigned allocations from the
permit, the Division still considers them to be a portion ofthe point sources'
Wasteload Allocations and available for use by new dischargers in the future,
provided that their use is consistent with the Tar -Pamlico Nutrient TMDL, the
Phase IV Nutrient Sensitive Waters Agreement, and other applicable
permitting and nutrient control requirements. When the need arises, the
Division and the TPBA will determine the amount of allocation to be made
available and the terms and conditions of their use by the new discharger. In
the meantime, the allocations will be held in reserve.
Action Taken: The Division has added a "Reserve Nutrient Allocations" section to the fact
sheet that clarifies the status of the unassigned allocations and summarizes its
position on their future use.
Reporting Date
Comment: The RRO staff noted that Condition A.(5.)(e.) of the draft permit still lists a
due date of July 1, 2020 for the Association's 5-Year Report, and it should be
updated.
Response: Agreed.
Action Taken: The due date has been corrected to July 1, 2025.
End ofResponse to Comments -
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Appendix C – Phase IV Agreement