Department of Environmental Quality Divisions' Comments Tracy ...
Department of Environmental Quality Divisions’ Comments Tracy Davis, Director of Division of Energy, Mineral & Land Resources Legislative Bill Tracking Updates (as they relate to DEMLR Programs):
House Bill 56 – Amend Environmental Laws: o Emergency Action Plan (EAP) requirements under the NC Dam Safety Law – clarifies that the Department will determine when a dam owner must have a professional engineer prepare its inundation map as part of the EAP o DEMLR proposed additional amendments to clarify items in the original EAP provision o Bill passed the House on 4/24/2017 without DEMLR’s proposed amendments; to be considered by Senate
Senate Bill 107 – Exemptions for Dam Removal o Proposes criteria for exempting all dam removals that are not flood control dams or hydroelectric dams from receiving approval from DEMLR under the NC Dam Safety Law if their removal is designed by a PE (includes other agency exemptions as well); also, changes the method for measuring the height of dams for jurisdictional purposes o DEMLR recommended the focus of the exemption be narrowed to only run-of-river (ROR) and mill dams that are low and intermediate hazard if the removal is designed and overseen by a PE with certain notifications given to DEMLR; if jurisdictional measurement method to change, restrict it to only ROR and mill dam removals o Bill was adjusted slightly in Senate AgENR Committee on 4/20/2017 but did not include other DEMLR recommendations to narrow its focus o Currently awaiting review by Senate Finance Committee
Senate Bill 131 – Regulatory Reform Act of 2016 o Proposes additional exemptions from Built Upon Area and stormwater management requirements by adding landscaping materials (gravel, mulch, sand, vegetation) placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking lots that will not be compacted by the weight of a vehicle, such as the area between sections of weight of a vehicle (DEMLR compromise language supported and passed by the House on 4/5/2017) o Proposes to consolidate or eliminate several legislative reports that take up staff time but provide limited to no benefit, or are covered in other required reports – DEMLR supports these provisions o Bill returned to the Senate and went to conference committee on 4/24/2017 o Conference report adopted on 4/25/2017 (did not affect the above provisions)
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Senate Bill 434 – Amend Environmental Laws 2 o Coastal Stormwater Program Variance: Proposes to deem any subdivision that meets the following requirements to be in compliance with the impervious surface limitations of the 2008 session law and rules: Subdivision’s covenant was recorded at least 20 years prior to effective date of this act Original developer of the subdivision is financially insolvent Original developer of the subdivision and, at the time of the transfer, the HOA had no notice from the original developer or any regulatory agency that the subdivision was not in compliance with the impervious surface limitations Act applies to impervious surface built prior to 1/1/2017; any impervious surface built on or after 1/1/2017 shall be subject to the 2008 session law and rules o Provision was intended to address a specific subdivision in New Hanover County that has exceeded its low density built upon area limits and is currently working to offset its excess BUA by installing low cost treatment measures such as grassed swales, rain gardens, cisterns, etc. per an MOU and revised permit agreed to between DEMLR and the HOA in 2015 o Unfortunately, there are over 175 subdivisions that could potentially meet these criteria and be considered in compliance even though they are not – DEMLR formulating amendments to narrow the focus of this provision if the sponsor does not agree to remove it o Bill passed the Senate on 4/24/2017; to be considered by the House
Mike Abraczinskas, Director of Division of Air Quality Possible changes to vehicle emissions inspection program coming… As of April 27, 2017, the General Assembly ratified Senate Bill 131. It was sent to the Governor on April 28, 2017. A portion of that bill makes changes to the vehicle emissions inspection program. If this bill becomes law, it would: o Remove 26 of the 48 counties from the vehicle emissions inspection program o Change the universe of vehicles that are required to get an emissions inspection from all 1996 or later model years, to vehicles with a model year within 20 years of the current year. o Require DAQ to submit a State Implementation Plan (SIP) revision by September 30, 2017. If signed into law, these changes would take effect on the later of: o October 1, 2017.
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o The first day of a month that is 60 days after the Secretary of the Department of Environmental Quality certifies to the Reviser of Statutes that the United States Environmental Protection Agency has approved an amendment to the North Carolina State Implementation Plan submitted as required by the bill. The Secretary shall provide this notice along with the effective date of this act on its web site and by written or electronic notice to emissions inspection mechanic license holders, emissions inspection station licensees, and self-inspector licensees in the counties where motor vehicle emissions inspection requirement are removed by this section. These changes mostly consistent with the Department’s April 1, 2016 recommendations to the Environmental Review Commission of the General Assembly. The recommendations were a result of a legislatively required study report to determine whether all the counties covered under the vehicle emissions inspection program were necessary to meet and maintain current and future air quality standards. The Division of Air Quality determined in that report that changes could be made including removal of some counties – without impacting our attainment status.
Michael E. Scott, Director of Division of Waste Management
The Division appreciates the continued dialogue with the Commission regarding the federal CCR rule with updates being provided yesterday in the Water Quality and Groundwater & Waste Management Committees.
The Division continues to track legislation at the General Assembly. Senate Bill 131 (An Act to Provide Further Regulatory Relief to the Citizens of North Carolina) includes numerous changes to include solid waste landfill requirements and a solid waste study to just mention a few. The current language in House Bill 770 (Noncommercial UST / Rule making report) requires the EMC to adopt temporary rules no later than Oct 2017.
The Division is receiving positive feedback from stakeholders regarding the opportunity to comment on rules through the rule review process.
DWM continues to monitor the proposed federal budget changes for EPA and how those may impact the Superfund, Hazardous Waste, UST and Brownfields programs. Budget meetings have been held with each DWM program to discuss the potential impacts.
DWM staff have finalized with DEQ budget staff the newly created application documents for Hurricane Matthew funds related to underground storage tank impacts. The Division has loaded these forms to the DEQ website so that citizens and business owners that were impacted by Hurricane Matthew can start the application process to seek reimbursement funds.
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Jay Zimmerman, Director of Division of Water Resources Ratified Bills The General Assembly ratified Senate Bill 131, and presented to the Governor on April 28, 2017. A portion of that bill makes changes to stream mitigation requirement. If this bill becomes law, it would: o Prohibit DEQ from requiring mitigation for losses of 300 linear feet or less of stream bed. The EMC is directed to amend its rules to be consistent with the statute. The Environmental Review Commission will examine the mitigation thresholds for losses of stream bead under the Regional Conditions adopted by Norfolk, Charleston and the Savannah Districts of the Corps of Engineers and submit written comments to the Washington, DC Headquarters to encourage the Wilmington District to adopt the Regional thresholds consistent with those listed. [Section 3.13] o Several reports would no longer be required or have different reporting cycles including: annual fish kill activity - repealed; Beach and Inlet and Management Plan no longer required every two years, but rather as information becomes available; Quarterly EMC reporting would change to an annual report by January 1 of each year; and annual water planning report would shift to a November 1st due date. o Require DEQ to study whether buffers on intermittent streams should be adjusted, allowable activities should be modified, and under what circumstances local governments should be allowed to exceed state buffer requirements. [Section 3.7] o Prohibit DEQ from requiring the use of on-site stormwater measures to protect downstream water quality standards through the 401 water quality certification, except as required by state or federal law. The EMC is directed to amend its rules consistent with the session law. [Section 3.11]
House Bill 467/SB 460 Agriculture and Forestry Nuisance Remedies was ratified April 27th and presented to the Governor for signature, which would set limitations on private nuisance actions against agricultural and forestry operations.
Crossover Bills o House Bill 56 currently includes clarifying that a notification of wastewater discharge is required regardless of whether the owner or operator had a permit [Section 5] and modifications to non-discharge permitting regarding use of non-native soils or materials and considering multiple contiguous properties under common ownership as a single property when it comes to boundaries and setbacks [Section 6].
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House Bill 576 Allow Areosolization of Leachate is currently in the Senate and directs the department to approve areosolization for treatment/disposal of leachate and non-domestic wastewater from a lined sanitary landfill, with the exception of coal ash and swine lagoon wastewaters, and allow the department to consider the technology for unlined landfills.
Senate Bill 434 Amend Environmental Laws 2 Fourth Edition includes: modifies limitations on local government riparian buffer requirements [Section 2]; directs the EMC to exempt publicly owned spaces from the existing buffer rules if it has been determined by the head of the local law enforcement agency with jurisdiction over the area that buffers pose a risk to public safety [Section 2.1]; adjusts the Falls Lake nutrient management framework due dates to add 2 years to EMC initiation of Falls rules readoption and to delay compliance by certain sources with Falls Stage I by 5 years or more [Section 7.1]; and repeals the Catawba buffer rules [Section 7.2].
Other bills which did not cross over but may have a finance component that we continue to monitor:
House Bill H292 Disapprove Cape Fear Rules House Bill 567 Study of Hexavalent Chromium in Groundwater House Bill 687 Amend Various Coal Ash Provisions House Bill 705 EMC Oversight of DEQ Studies House Bill 903 Water Resources Management Partnership Funds Senate Bill 107 Streamline Dam Removal Senate Bill 539 Environmental Regulatory Reform Act of 2017 Several bills on operations for the Division of Mitigation Services
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House Bill 56 – Amend Environmental Laws: o Emergency Action Plan (EAP) requirements under the NC Dam Safety Law – clarifies that the Department will determine when a dam owner must have a professional engineer prepare its inundation map as part of the EAP o DEMLR proposed additional amendments to clarify items in the original EAP provision o Bill passed the House on 4/24/2017 without DEMLR’s proposed amendments; to be considered by Senate
Senate Bill 107 – Exemptions for Dam Removal o Proposes criteria for exempting all dam removals that are not flood control dams or hydroelectric dams from receiving approval from DEMLR under the NC Dam Safety Law if their removal is designed by a PE (includes other agency exemptions as well); also, changes the method for measuring the height of dams for jurisdictional purposes o DEMLR recommended the focus of the exemption be narrowed to only run-of-river (ROR) and mill dams that are low and intermediate hazard if the removal is designed and overseen by a PE with certain notifications given to DEMLR; if jurisdictional measurement method to change, restrict it to only ROR and mill dam removals o Bill was adjusted slightly in Senate AgENR Committee on 4/20/2017 but did not include other DEMLR recommendations to narrow its focus o Currently awaiting review by Senate Finance Committee
Senate Bill 131 – Regulatory Reform Act of 2016 o Proposes additional exemptions from Built Upon Area and stormwater management requirements by adding landscaping materials (gravel, mulch, sand, vegetation) placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking lots that will not be compacted by the weight of a vehicle, such as the area between sections of weight of a vehicle (DEMLR compromise language supported and passed by the House on 4/5/2017) o Proposes to consolidate or eliminate several legislative reports that take up staff time but provide limited to no benefit, or are covered in other required reports – DEMLR supports these provisions o Bill returned to the Senate and went to conference committee on 4/24/2017 o Conference report adopted on 4/25/2017 (did not affect the above provisions)
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Senate Bill 434 – Amend Environmental Laws 2 o Coastal Stormwater Program Variance: Proposes to deem any subdivision that meets the following requirements to be in compliance with the impervious surface limitations of the 2008 session law and rules: Subdivision’s covenant was recorded at least 20 years prior to effective date of this act Original developer of the subdivision is financially insolvent Original developer of the subdivision and, at the time of the transfer, the HOA had no notice from the original developer or any regulatory agency that the subdivision was not in compliance with the impervious surface limitations Act applies to impervious surface built prior to 1/1/2017; any impervious surface built on or after 1/1/2017 shall be subject to the 2008 session law and rules o Provision was intended to address a specific subdivision in New Hanover County that has exceeded its low density built upon area limits and is currently working to offset its excess BUA by installing low cost treatment measures such as grassed swales, rain gardens, cisterns, etc. per an MOU and revised permit agreed to between DEMLR and the HOA in 2015 o Unfortunately, there are over 175 subdivisions that could potentially meet these criteria and be considered in compliance even though they are not – DEMLR formulating amendments to narrow the focus of this provision if the sponsor does not agree to remove it o Bill passed the Senate on 4/24/2017; to be considered by the House
Mike Abraczinskas, Director of Division of Air Quality Possible changes to vehicle emissions inspection program coming… As of April 27, 2017, the General Assembly ratified Senate Bill 131. It was sent to the Governor on April 28, 2017. A portion of that bill makes changes to the vehicle emissions inspection program. If this bill becomes law, it would: o Remove 26 of the 48 counties from the vehicle emissions inspection program o Change the universe of vehicles that are required to get an emissions inspection from all 1996 or later model years, to vehicles with a model year within 20 years of the current year. o Require DAQ to submit a State Implementation Plan (SIP) revision by September 30, 2017. If signed into law, these changes would take effect on the later of: o October 1, 2017.
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o The first day of a month that is 60 days after the Secretary of the Department of Environmental Quality certifies to the Reviser of Statutes that the United States Environmental Protection Agency has approved an amendment to the North Carolina State Implementation Plan submitted as required by the bill. The Secretary shall provide this notice along with the effective date of this act on its web site and by written or electronic notice to emissions inspection mechanic license holders, emissions inspection station licensees, and self-inspector licensees in the counties where motor vehicle emissions inspection requirement are removed by this section. These changes mostly consistent with the Department’s April 1, 2016 recommendations to the Environmental Review Commission of the General Assembly. The recommendations were a result of a legislatively required study report to determine whether all the counties covered under the vehicle emissions inspection program were necessary to meet and maintain current and future air quality standards. The Division of Air Quality determined in that report that changes could be made including removal of some counties – without impacting our attainment status.
Michael E. Scott, Director of Division of Waste Management
The Division appreciates the continued dialogue with the Commission regarding the federal CCR rule with updates being provided yesterday in the Water Quality and Groundwater & Waste Management Committees.
The Division continues to track legislation at the General Assembly. Senate Bill 131 (An Act to Provide Further Regulatory Relief to the Citizens of North Carolina) includes numerous changes to include solid waste landfill requirements and a solid waste study to just mention a few. The current language in House Bill 770 (Noncommercial UST / Rule making report) requires the EMC to adopt temporary rules no later than Oct 2017.
The Division is receiving positive feedback from stakeholders regarding the opportunity to comment on rules through the rule review process.
DWM continues to monitor the proposed federal budget changes for EPA and how those may impact the Superfund, Hazardous Waste, UST and Brownfields programs. Budget meetings have been held with each DWM program to discuss the potential impacts.
DWM staff have finalized with DEQ budget staff the newly created application documents for Hurricane Matthew funds related to underground storage tank impacts. The Division has loaded these forms to the DEQ website so that citizens and business owners that were impacted by Hurricane Matthew can start the application process to seek reimbursement funds.
Page 3 of 5
Jay Zimmerman, Director of Division of Water Resources Ratified Bills The General Assembly ratified Senate Bill 131, and presented to the Governor on April 28, 2017. A portion of that bill makes changes to stream mitigation requirement. If this bill becomes law, it would: o Prohibit DEQ from requiring mitigation for losses of 300 linear feet or less of stream bed. The EMC is directed to amend its rules to be consistent with the statute. The Environmental Review Commission will examine the mitigation thresholds for losses of stream bead under the Regional Conditions adopted by Norfolk, Charleston and the Savannah Districts of the Corps of Engineers and submit written comments to the Washington, DC Headquarters to encourage the Wilmington District to adopt the Regional thresholds consistent with those listed. [Section 3.13] o Several reports would no longer be required or have different reporting cycles including: annual fish kill activity - repealed; Beach and Inlet and Management Plan no longer required every two years, but rather as information becomes available; Quarterly EMC reporting would change to an annual report by January 1 of each year; and annual water planning report would shift to a November 1st due date. o Require DEQ to study whether buffers on intermittent streams should be adjusted, allowable activities should be modified, and under what circumstances local governments should be allowed to exceed state buffer requirements. [Section 3.7] o Prohibit DEQ from requiring the use of on-site stormwater measures to protect downstream water quality standards through the 401 water quality certification, except as required by state or federal law. The EMC is directed to amend its rules consistent with the session law. [Section 3.11]
House Bill 467/SB 460 Agriculture and Forestry Nuisance Remedies was ratified April 27th and presented to the Governor for signature, which would set limitations on private nuisance actions against agricultural and forestry operations.
Crossover Bills o House Bill 56 currently includes clarifying that a notification of wastewater discharge is required regardless of whether the owner or operator had a permit [Section 5] and modifications to non-discharge permitting regarding use of non-native soils or materials and considering multiple contiguous properties under common ownership as a single property when it comes to boundaries and setbacks [Section 6].
Page 4 of 5
House Bill 576 Allow Areosolization of Leachate is currently in the Senate and directs the department to approve areosolization for treatment/disposal of leachate and non-domestic wastewater from a lined sanitary landfill, with the exception of coal ash and swine lagoon wastewaters, and allow the department to consider the technology for unlined landfills.
Senate Bill 434 Amend Environmental Laws 2 Fourth Edition includes: modifies limitations on local government riparian buffer requirements [Section 2]; directs the EMC to exempt publicly owned spaces from the existing buffer rules if it has been determined by the head of the local law enforcement agency with jurisdiction over the area that buffers pose a risk to public safety [Section 2.1]; adjusts the Falls Lake nutrient management framework due dates to add 2 years to EMC initiation of Falls rules readoption and to delay compliance by certain sources with Falls Stage I by 5 years or more [Section 7.1]; and repeals the Catawba buffer rules [Section 7.2].
Other bills which did not cross over but may have a finance component that we continue to monitor:
House Bill H292 Disapprove Cape Fear Rules House Bill 567 Study of Hexavalent Chromium in Groundwater House Bill 687 Amend Various Coal Ash Provisions House Bill 705 EMC Oversight of DEQ Studies House Bill 903 Water Resources Management Partnership Funds Senate Bill 107 Streamline Dam Removal Senate Bill 539 Environmental Regulatory Reform Act of 2017 Several bills on operations for the Division of Mitigation Services
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