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WATERSHED PERMITTING IN NORTH CAROLINA

WATERSHED PERMITTING IN NORTH CAROLINA. NPDES PERMIT NCC000001 BECAME EFFECTIVE JAN 1, 2003 NEUSE RIVER COMPLIANCE ASSOCIATION MORRIS V. BROOKHART, P.E. AREA: 6,192 SQ. MILES. DURHAM. 3,497 FRESHWATER STREAM MILES. RALEIGH. POPULATION: 1,354,000. BACKGROUND.

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WATERSHED PERMITTING IN NORTH CAROLINA

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  1. WATERSHED PERMITTING IN NORTH CAROLINA NPDES PERMIT NCC000001 BECAME EFFECTIVE JAN 1, 2003 NEUSE RIVER COMPLIANCE ASSOCIATION MORRIS V. BROOKHART, P.E.

  2. AREA: 6,192 SQ. MILES DURHAM 3,497 FRESHWATER STREAM MILES RALEIGH POPULATION: 1,354,000

  3. BACKGROUND • TAR PAMILICO NUTRIENT TRADING • BASINWIDE WATER QUALITY PLANS • FORMATION OF THE LNBA • 1995 FISH KILLS IN NEUSE ESTUARY

  4. 1997 NUTRIENT MANAGEMENT STRATEGY • 30% REDUCTION IN TOTAL NITROGEN TO ESTUARY - ADMINISTRATIVE RULE • POINT SOURCE TN 24% OF TOTAL • INCLUDED POINT-SOURCE GROUP COMPLIANCE OPTION • POINT SOURCES CAN PURCHASE TN ALLOCATION FROM WETLANDS RESTORATION - $11 PER LB x 200% x 30 YRS ~ $7 PER GAL. OF TREATMENT CAPACITY • EXPANDING PLANTS < 3.5 Mg/l TN

  5. TMDLS – ESTUARY TN PHASE I TMDL – 1999: 30 % REDUCTION FROM 1995 NOT BASED ON CALIBRATED NUTRIENT RESPONSE MODEL. DID DIRECT FOCUS TO ESTUARY. BASIS OF CURRENT WASTELOAD ALLOCATIONS PHASE II TMDL – 2001: 30% REDUCTION FROM 1995 BASED ON SEVERAL MODELS AND STUDIES GREATER TRANSPORT IN MAIN STEM INCREASED POINT SOURCE % TEMPORARY ALLOCATION – FINAL PENDING SPARROW MODEL RESULTS. ADAPTIVE MANAGEMENT PROPOSED

  6. KEY ELEMENTS BEFORE BASINWIDE TN PERMIT • CONCEPT OF GROUP COMPLIANCE • TAR-PAMILICO AGREEMENT – 1989 • THE LOWER NEUSE BASIN ASSOC. • GROUP WATER QUALITY MONITORING • $2 MILLION STATE GRANT • INTERNAL TN MONITORING • SUCCESS AT REDUCING NITROGEN AT MEMBER PLANTS

  7. 1995 1996 1997 1998 1999 2000 2001 LOWER NEUSE BASIN ASSOCIATION MEMBERS ANNUAL TOTAL NITROGEN DISCHARGE 1995 - 2001 3,500,000 3,000,000 2,500,000 LNBA TOTAL NITROGEN ALLOCATION 2,000,000 ANNUAL POUNDS TOTAL NITROGEN 1,500,000 1,000,000 500,000 0

  8. INDIVIDUAL NPDES PERMITS • PHOSPHORUS – 2 Mg/l QUARTERLY AVG • AMMONIA – 2 Mg/l SUMMER; 4 Mg/l WINTER • TOTAL NITROGEN – ANNUAL MASS ALLOCATION • LOWER LIMITS DUE TO LOCAL CONDITIONS • SAMPLING, MONITORING AND REPORTING

  9. TOTAL NITROGEN ESTUARY WASTELOAD ALLOCATION 70% OF 1995 TN LOAD = 1.64 MILLION LBS BASIS OF INDIVIDUAL ALLOCATIONS: SUM OF MUNICIPALS: 3.7 Mg/L @ PERMIT FLOW + SUM OF INDUSTRIALS: 3.15 Mg/l @ PERMIT FLOW + SUM OF PLANTS < 0.5 MGD: 1995 + GROWTH 1.64 MILLION LBS

  10. EQUITY /COST-EFFECTIVENESS • PERMIT FLOW vs 1995 ACTUAL FLOW • TRANSPORT LOSS IN RIVER • UPPER BASIN DISCHARGER: 10 LBS TO RIVER; 1 POUND TRANSPORTED TO ESTUARY • MID BASIN: 10 LBS TO RIVER; 5 LBS TRANSPORTED TO ESTUARY • DISCHARGER AT ESTUARY: 10 LBS TO ESTUARY • SOME ADJUSTMENTS WERE MADE

  11. INDIVIDUAL NPDES PERMITS • a. ANNUAL TN LOAD IS < ALLOCATION or • b. PERMITTEE IS CO-PERMITTEE MEMBER OF GROUP COMPLIANCE ASSOCIATION IN COMPLIANCE WITH TN LIMIT IF:

  12. GROUP COMPLIANCE PERMIT SUM OF CO-PERMITTEES ESTUARY TN LOAD IS LESS THAN ASSOCIATION ESTUARY TN ALLOCATION CO-PERMITTEE MEMBERS, INDIVIDUAL ALLOCATION AND TRANSPORT FACTORS ARE LISTED IN APPENDIX A APPENDIX B LISTS ALL POINT SOURCE DISCHARGERS WITH TN ALLOCATION

  13. GROUP COMPLIANCE PERMIT CO-PERMITTEE IS IN COMPLIANCE WITH PERMIT IF: • THE ASSOCIATION IS WITHIN ITS ESTUARY ALLOCATION or • THE CO-PERMITTEE IS WITHIN ITS ESTUARY ALLOCATION

  14. GROUP COMPLIANCE PERMIT OFFSET PAYMENTS AND ENFORCEMENT: • IF THE ASSOCIATION EXCEEDS ITS ESTUARY ALLOCATION, OFFSET PAYMENT IS MADE TO WETLANDS RESTORATION FUND - $11 PER LB. • ADDITIONAL APPROPRIATE ENFORCEMENT ACTION CAN BE TAKEN FOR NON-COMPLIANCE

  15. GROUP COMPLIANCE PERMIT REPORTING REQUIREMENTS: • CO-PERMITTEE MONTHLY DMRs • GROUP COMPLIANCE MID-YEAR REPORT • PAST YEAR - FOR INFORMATION ONLY • EACH CO-PERMITTEE ESTUARY LOAD • ASSOCIATION ESTUARY LOAD • CHANGES IN MEMBERSHIP OR TN FOR NEXT CALENDAR YEAR • GROUP COMPLIANCE YEAR-END REPORT

  16. GROUP COMPLIANCE PERMIT REPORTING REQUIREMENTS: • GROUP COMPLIANCE YEAR-END REPORT • FOR CALENDAR YEAR • EACH CO-PERMITTEE ESTUARY LOAD • ASSOCIATION ESTUARY LOAD • CHANGES IN MEMBERSHIP • TRANSACTIONS AFFECTING ALLOCATIONS • ASSOCIATION TN CONTROL STRATEGY • PROGRESS AND PLANNED ACTIVITIES

  17. OPERATION OF COMPLIANCE ASSOCIATION A WORK IN PROGRESS • BY-LAWS JUNE 2002 • INITIAL POLICIES AND PROCEDURES – JUNE 2003 • INTERNAL INCENTIVES • FUTURE TRADING • COSTS OF TN REDUCTION • UNCERTAINTIES

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