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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

WATERSHED PERMITTING IN NORTH CAROLINA

NPDES PERMIT NCC000001 BECAME EFFECTIVE JAN 1, 2003

NEUSE RIVER COMPLIANCE ASSOCIATION

MORRIS V. BROOKHART, P.E.

slide2

AREA: 6,192 SQ. MILES

DURHAM

3,497 FRESHWATER STREAM MILES

RALEIGH

POPULATION: 1,354,000

background
BACKGROUND
  • TAR PAMILICO NUTRIENT TRADING
  • BASINWIDE WATER QUALITY PLANS
  • FORMATION OF THE LNBA
  • 1995 FISH KILLS IN NEUSE ESTUARY
slide4

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
slide5

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

key elements before basinwide tn permit
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
slide7

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

individual npdes permits
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
total nitrogen
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

equity cost effectiveness
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
individual npdes permits1
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:

slide12

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

slide14

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
slide15

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
slide16

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
slide17

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
slide18

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