[PDF] - 2B Nutrient Strategy Rules Neuse & Tar-Pamlico 2B Nutrient PDF Document

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Proposed Rule Amendments to Neuse & Tar-Pamlico Nutrient Strategy Rules Clayton Public Hearing March 28, 2019

Division of Water Resources, Planning Section

2B Nutrient Strategy Rules Neuse & Tar-Pamlico

Neuse

.0232 Goals Rule .0234 Wastewater .0235 New Development .0236 Ag Goals (Relocated)1 .0238 Agriculture .0239 Nutrient Management (Repealed)2 .0240 Nutrient Offset

Tar-Pamlico

.0229 Non-Association .0237 BMP Rate (Repealed)3 .0255 Ag Goals (Relocated)1 .0256 Agriculture .0257 Nutrient Management (Repealed)2 .0258 New Development

New Rules

.0701 Definitions .0730 Tar-Pamlico Purpose and Scope

Notes:

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

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Summary of Revisions

Purpose & Scope / Definitions (.0701, .0710, .0232)

Definitions Rule
New rule, collects existing nutrient strategy definitions in one location
Makes it easier to locate terms used in .0700 section
Purpose & Scope Rules
Clarifies geographic area to which rules apply
Adds biannual report by staff to WQC on strategy implementation progress
Adds adaptive management component

Department of Environmental Quality

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Summary of Revisions Neuse & Tar-Pamlico New Development Rules (.0235 & .0258)

Local Government Requirements

Adds communities – 16 Neuse / 3 Tar-Pamlico
Criteria for adding new communities
Evaluated area in watershed, population & population growth rate
Population (> 20,000 County or > 5,000 Municipality)
Annual population growth (> 200 people / year)
Timeline for LG’s Local Stormwater Programs
DWR provides Model Program – 4 months after rule effective date
6 months (Current LG) and 12 months (New LG)

Department of Environmental Quality

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Summary of Revisions (Continued)

Neuse & Tar-Pamlico New Development Rules (.0235 & .0258)

Department of Environmental Quality

Neuse

Tar-Pamlico

Current Adding Orange County Durham County Durham Wake County Cary Garner Raleigh Apex, Morrisville Holly Springs Fuquay, Knightdale Wendell, Rolesville, Wake Forest Johnston County Smithfield Clayton 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

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Summary of Revisions (Continued)

Neuse & Tar-Pamlico New Development Rules (.0235 & .0258)

Project Requirements

Clarifies ways to meet runoff requirements
Export targets
Volume match per definition in 15A NCAC 02H .1002
Nutrient offset option
Replaces offsite thresholds w/ minimum onsite treatment matching 2H rules
Refers to 2H Stormwater Rules density requirements
Projects with 24% BUA or greater implement SCM before using offsite offsets
Uses most recently approved accounting tool
Simplifies implementation – same tool across strategies

Department of Environmental Quality

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Summary of Revisions (Continued)

Neuse & Tar-Pamlico New Development Rules (.0235 & .0258)

Project Requirements

Exempts individual SFR lot projects meeting criteria:
Not part of larger common plan of development and < 5% BUA or on lot > 5 acres
Adds flexibility by allowing use of regional SCMs
Allows LG road expansions and sidewalk projects to meet all reductions via offsets
Updates Tar-Pam export target for TP: 0.8 lbs/ac/yr

Department of Environmental Quality

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Summary of Revisions(Continued)

Neuse & Tar-Pamlico Agriculture Rules (.0238 & .0256)

Improved clarity
Retains same design - updates text to reflect actual implementation
Accounting Updated
Annual progress reporting to account for Ag land lost to development
BMP Standards Included
Includes references to practice standards for Ag BMPs
Annual Reporting Process Revised
Annual reports to be submitted to Division

Department of Environmental Quality

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Summary of Revisions(Continued)

Tar-Pam Wastewater Rule (.0229)

Expands coverage beyond non-Tar-Pamlico Association (TPBA) Members
Addresses all new and expanding facilities in basin
Provides clear regulatory path to utilize allocation trading & nutrient offsets
Updated offset process – ties into Nutrient Offset Rule
Cost set by providers vs. fixed BMP formula
Adds flexibility to purchase offset based on proposed efficiency of facility
Updated treatment standards for new and expanding facilities
Municipal = 3.0 mg/L TN and 0.5 mg/L TP
Industrial = Best Available Technology

Department of Environmental Quality

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Summary of Revisions(Continued)

Neuse Wastewater Rule (.0234)

Same basic requirements, no changes to existing allocations / group compliance
Changes only affect new and expanding facilities
Added flexibility for new and expanding facilities
Allows acquisition of nutrient offset credit instead of first pursuing nutrient allocation
Revised timing of offset credit purchases
Offset credits to be purchases in 10-year increments rather than 30-year increments
Revised nonpoint to point trading ratio
1:1.1 (unmonitored)
1:1 (monitored)

Department of Environmental Quality

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Summary of Revisions

Improved utility
Provides for permanent credits & temporary credits
Clarifies scope of rule applicability-Trading only, not direct compliance
Universally applicable to all 4 nutrient strategies
Credit Stacking – Options for comment
Nutrient offset credits & stream credit in same spatial area
Complicated subject - stream, wetland & buffer mitigation realm, best path not clear
Staff seeking full public input
Establishes Point to Nonpoint Trading Ratios
1 to 1.1 (unmonitored)
1 to 1 (monitored)

Department of Environmental Quality

Nutrient Offset Rule (.0240)

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Summary of Costs – New Development Stormwater Rules

Costs over 10 years of Implementation

Department of Environmental Quality Basin Private Costs (Over 10 years) Local Government Costs (Over 10 years) Local Government One-time Opportunity Costs Neuse $30.1M $2.3M $250K Tar-Pamlico $10.3M $446K $85K Estimated Costs to Private Entities & Local Governments

Net Present Value Dollars

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Neuse & Tar-Pamlico Wastewater Rules

Evaluation of Costs

Permitting scenarios analyzed at facility scale to evaluate costs & cost savings
Neuse Wastewater Rule
Changes result in cost savings
Tar-Pamlico Wastewater Rule
TPBA benefits, option for new / expanding not addressed in current Rule
Non-Association members – potential costs based on scenarios

Department of Environmental Quality

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Environmental Benefits

Benefits of Nutrient Rules

Reduced Nutrient Inputs to Estuary
Neuse: 654 - 774 lbs. of N per year
Tar-Pam: 231 - 251 lbs. of N per year and 15 lbs. of P per year
Reduced Stormwater Runoff Volume = Hydrologic Benefits
Neuse: 6.4 Million ft3/yr Eliminated & 28.5 Million ft3/yr Detained
Tar-Pam: 2.4 Million ft3/yr Eliminated & 10.9 Million ft3/yr Detained
Environmental & Social Benefits
Recreational Benefits
Local Economy & Property Values
Stream Improvement
Aquatic Life
Ecological Communities

Department of Environmental Quality

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Rulemaking Schedule

Proposed Rules & Fiscal Note Posted Online:

https://deq.nc.gov/documents/15a-ncac-02b-0700-neuse-and-tar-pamlico-nutrient-strategy-rules-15a-ncac-02b-0701-and-0

Department of Environmental Quality

Next Steps

April 16, 2019

End of 60-Day Public Comment Period

April – June 2019

Hearing Officers deliberate, revise and finalize rules DWR Staff completes Hearing Officer Report

July / September 2019

Final Rules Presented to EMC for Adoption

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How to Provide Comments

Comment at Public Hearing
Send Comments By:

Email: nps-comments@ncdenr.gov Mail: John Huisman DWR Planning Section 1611 Mail Service Center Raleigh, NC 27699-1611

Comment Period Ends – April 16, 2019