Department of Environmental Quality

Department of Environmental Quality Department of Environmental Quality - Start

2018-10-24 3K 3 0 0

Department of Environmental Quality - Description

Request to Begin Rulemaking Process for Proposed Amendments to Nutrient Strategy Rules. January 10, 2018. Water Quality Committee. 2. Regulatory Context / Authority. Overview. Nutrient Management Strategy Rules. ID: 695668 Download Presentation

Download Presentation

Department of Environmental Quality




Download Presentation - The PPT/PDF document "Department of Environmental Quality" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.



Presentations text content in Department of Environmental Quality

Slide1

Department of Environmental Quality

Request to Begin Rulemaking Process for Proposed Amendments to Nutrient Strategy Rules

January 10, 2018

Water Quality Committee

Slide2

2

Regulatory Context / Authority

Overview

Nutrient Management Strategy Rules

Federal Clean Water Act (1972)

Requires state to identify impaired waters & develop TMDLNC Clean Water Responsibility Act (1997)Enacted through several NC statutesCharges EMC w/ responsibility to protect & restore water qualityRequires setting goals for nutrient sensitive watersRequires all sources reduce “fair, reasonable, proportionate”Rules ReadotpionG.S. 150B-21.3A G.S (2014)Requires Division to readopt its rules

Department of Environmental Quality

Slide3

3

Overview of Process & Stakeholder Input

02B Nutrient Strategy Rules – Neuse & Tar-Pamlico

Department of Environmental Quality

Overview of Process

to DateMay 19, 2015Stakeholder Input Session - All 02B Rules

December 2015

Redrafts Completed

2016

Internal Review / Department Review

April

19,

2017

Stakeholder Input

Session on Redrafted Rules – All 02B Rules

2015 - 2017

Individual Meetings

w/ Interested Parties

September 2017

Draft Rules Presented to WQC

October 18, 2017

Stakeholder Meeting:

Wilson, NC (Neuse, Tar-Pam, Randleman)

November 8, 2017

Information

Update to WQC

Slide4

4

Where we are today & Next Steps

Overview

Draft rules revised to incorporate comments from Oct 18

th

Number of minor revisions and clarificationsJan 2018: Draft Rules to WQCNext Step: Begin Fiscal Analysis – Coordinate w/ OSBMJuly 2018: Present Draft Rules & Fiscal Note to WQCSept 2018: EMC Approval for Public Notice & HearingsEarly 2019: EMC / RRC Adoption Department of Environmental Quality

Slide5

2B Nutrient Strategy Rules Neuse, Tar-Pamlico, Randleman

Neuse

.0232     Goals Rule

.0234     Wastewater

.0235     New Development

.0236     Ag Goals (Repealed)1.0238     Agriculture.0239     Nutrient Management (Repealed)2.0240     Nutrient Offset  Tar-Pamlico.0229     Non-Association .0237     BMP Rate (Repealed)

3

.0255     Ag Goals

(Repealed)

1

.0256     Agriculture

.0257     Nutrient Management

(Repealed)

2

.0258     New Development

 

 

 

New Rules.0701 Definitions .0730 Tar-Pamlico Purpose and ScopeNotes: 1 Moved into Agriculture Rule 2 Implementation completed – no longer necessary 3 Addressed in Nutrient Offset Rule

2B Nutrient Rules Proposed for Amendment & Transfer to new .0700 Section

Slide6

6

Summary of Revisions

Definitions / Purpose & Scope / Nutrient Offset

Definitions Rule

New rule, collects existing nutrient strategy definitions

Purpose & Scope RulesClarifies geographic area to which rules applyAdds biannual report to WQC on strategy implementation progressAdds adaptive management componentNutrient Offset Rule Recognizes permanent restoration projects with permanent creditsClarifies scope of rule applicability-Trading only, not direct complianceReorganizes language & adds definitions for clarityCodifies existing policy

Department of Environmental Quality

Slide7

7

Summary of Revisions

Neuse & Tar-Pamlico New Development Rules

Local Government Requirements

Adds communities – 16 Neuse / 3 Tar-Pamlico

Criteria for adding new communitiesEvaluated area in watershed, population & population growth rateArea ~20% of jurisdiction in watershedPopulation (> 20,000 County or > 5,000 Municipality)Annual population growth (> 200 people / year)Also considered if already implementing post-construction stormwaterImplementing Phase II post-construction; orAlready Implementing nutrient stormwater requirements in portion of jurisdictionDropped retrofit ID reporting requirement

Department of Environmental Quality

Slide8

8

Summary of Revisions (Continued)

Neuse & Tar-Pamlico New Development Rules

Department of Environmental Quality

Neuse

Tar-PamlicoCurrent

Adding

Orange County

Durham County

Durham

Wake County

Cary

Garner

Raleigh

Apex, Morrisville

Holly Springs

Fuquay,

Knightdale

Wendell, Rolesville,Wake ForestJohnston CountySmithfieldClayton

Nash

County

Wayne County

Goldsboro

Greene County

Wilson

Wilson County

Kinston

Pitt County

Greenville, Winterville

New Bern

Craven County

Havelock

Current

Adding

Oxford

Granville County

Henderson

Vance County

Franklin County

Nash County

Rocky Mount

Wilson County

Edgecombe County

Tarboro

Pitt County

Greenville

Beaufort County

Washington

Slide9

9

Summary of Revisions (Continued)

Neuse & Tar-Pamlico New Development Rules

Project Requirements

Exempts individual SFR lot projects meeting criteria:

Not part of larger common plan of development< 5% BUA or on lot > 5 acresClarifies ways to meet runoff requirementsExport targetsVolume match per definition in 15A NCAC 02H .1002Nutrient offset optionUpdates Tar-Pam export target for TP: 0.8 lbs/ac/yr

Department of Environmental Quality

Slide10

10

Summary of Revisions (Continued)

Neuse & Tar-Pamlico New Development Rules

Project Requirements

Replaces offsite thresholds w/ min onsite requirement

If > 24 % BUA requires use of SCM onsiteProvide “runoff treatment” per 2H .1002Adds 2H .1003 low-density standardsDispersed flow, vegetative conveyance, curb outletsAddresses cumulative impactsNot part of larger common plan of DevelopmentAdding to existing developed lot exceeds 24 % BUAStormwater plan required for new BUADepartment of Environmental Quality

Slide11

11

Summary of Revisions(Continued)

Wastewater & Agriculture Rules

Wastewater Rules

Threshold for TN limits lowered from 0.5 MGD to 0.1 MGD

Updates to agree w/ .0240 offset program requirementsAgriculture Rules Accounting: Adjust to account for Ag land lost to developmentBMP Standards: Adds practice standards for Ag BMPsAnnual Reporting: Annual reports to be submitted to DivisionDepartment of Environmental Quality

Slide12

12

Next Steps

Department of Environmental Quality

Rulemaking

Process Moving Forward

January 2018Request Permission to Initiate Rulemaking

July 2018

Present

Draft Rules & Fiscal

Note to WQC

September 2018

Request Permission from EMC to Proceed

to Public Comment

- 60 Day Public Comment, Public Hearings, Hearing Officers

Early 2019

EMC Adoption of Rules / RRC Approval

Slide13

13

Action Item Request

Staff requests to begin the rulemaking process for proposed amendments to Nutrient Strategy Rules 15A NCAC 02B .0229 through .0258 and proposed adoption of new rules 15A NCAC 02B .0701, Definitions and 15A NCAC 02B .0730, Tar-Pam Purpose & Scope.

Department of Environmental Quality

Slide14

14

QUESTIONS

Department of Environmental Quality

John Huisman

Environmental Program Consultant

N.C. Dept. Of Environmental QualityDivision of Water Resources

919-807-6436 john.huisman@ncdenr.gov

Slide15

15

Slides in Reserve

(Purpose & Scope, Randleman, Definitions)

Slides in Reserve

Department of Environmental Quality

Slide16

16

Neuse / Tar-Pamlico / Randleman Stakeholder Meeting

Stakeholder Meeting Overview

Department of Environmental Quality

October 18, 2017

Wilson County Attendees (65+)Local Governments

Stormwater Consultants

Agriculture Interest

Wastewater Plants

Private Nutrient Offset Bankers

Environmental Groups

State Agencies

Presentations posted online at:

https://deq.nc.gov/nps


About DocSlides
DocSlides allows users to easily upload and share presentations, PDF documents, and images.Share your documents with the world , watch,share and upload any time you want. How can you benefit from using DocSlides? DocSlides consists documents from individuals and organizations on topics ranging from technology and business to travel, health, and education. Find and search for what interests you, and learn from people and more. You can also download DocSlides to read or reference later.