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
Slide22
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
Slide33
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
Slide44
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
Slide52B 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.0236 Ag Goals (Repealed)1.0238 Agriculture.0239 Nutrient Management (Repealed)2.0240 Nutrient Offset Tar-Pamlico.0229 Non-Association .0237 BMP Rate (Repealed)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(Repealed)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(Repealed)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
Slide66
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
Slide77
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
Slide88
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
Slide99
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
Slide1010
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
Slide1111
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
Slide1212
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
Slide1313
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
Slide1414
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
Slide1515
Slides in Reserve
(Purpose & Scope, Randleman, Definitions)
Slides in Reserve
Department of Environmental Quality
Slide1616
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
Department of Environmental Quality
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