ENVIRONMENTAL MANAGEMENT COMMISSION WATER QUALITY ...
ENVIRONMENTAL MANAGEMENT COMMISSION WATER QUALITY COMMITTEE MEETING SUMMARY July 9, 2014 Archdale Building-Ground Floor Hearing Room
BRIEF
At the July 9, 2014 meeting of the Environmental Management Commission (EMC) Water Quality Committee (WQC), the WQC: approved the May 7, 2014 WQC meeting summary. approved to recommend the 30 day waiver to the EMC and request approval of public comment and hearing on proposed amendments to stormwater rule 15A NCAC 02H. 1002 including the gravel definition and associated fiscal note. approved to begin preparation of the fiscal analysis for the Proposed Swamp Reclassification for a portion of the Cape Fear River and then to proceed to the EMC with this reclassification proposal and associated water quality management plan. heard an update on the rules review for Subchapters 02B, 02H, 02T, and 02U; the 303 (d) list, NC’s Nutrient Criteria Development Plan, and the High Rock Lake Nutrient Modeling effort.
WQC Members in Attendance: Mr. Steve Tedder (Chairman) Mr. David Anderson Mr. William Puette Dr. Albert Rubin Mr. Benne Hutson Mr. Kevin Martin Mr. Thomas Craven Others Present: Mr. Tom Reeder, Division of Water Resources (DWR) Director Ms. Mary Lucasse, Attorney General Office Mr. Gerald Carroll, EMC Dr. Lawrence W. Raymond, EMC Mr. Daniel Dawson, EMC None of the WQC members recused himself from making a decision on any of the items on the July 9, 2014 WQC agenda. 1. Request to Proceed to the Environmental Management Commission (EMC) for Approval of Public Comment and Hearing on Proposed Amendments to Stormwater Rule 15A NCAC 02H .1002 including a Definition of Gravel and Approval of the Fiscal Note (Action Item) (Julie Ventaloro)
Description The Division of Energy, Mineral and Land Resources (DEMLR) requested the WQC’s approval to proceed to the EMC with proposed amendments to the subject rule. Session Law 2013-413 amended G.S. 143-214.7 to exclude “gravel” from the definition of “built-upon area.” This proposed rulemaking incorporates the revised definition of “built-upon area” into Rule 15A NCAC 02H .1002 as required by G.S. 143-214.7 and replaces the identical temporary rule currently in effect. The proposed rulemaking also defines the term “gravel” and includes other changes that are technical in nature, such as renumbering and alphabetizing the definitions. All of these changes provide clarity to the regulated community on the implementation of stormwater rules that are required by G.S. 143-214.7. In accordance with G.S. 150B-19.1, DEMLR has submitted a fiscal note to the Office of State Budget Management for review. The EMC will be asked at its July 10, 2014 meeting to waive the 30-day rule in order to allow adoption of these permanent rule changes before the temporary rule expires on January 10, 2015. Discussion None Motion For this item the following motions were made. Mr. Martin moved that the WQC approve the recommendation to the EMC to utilize the 30-day waiver. The motion was seconded by another WQC member and the remaining WQC members unanimously approved the motion. Proceed this item to the full EMC. The members of the WQC unanimously approved this motion. 2. Proposed Reclassification of a Section of the Cape Fear River in New Hanover and Brunswick Counties (Cape Fear River Basin) from Class SC to Class SC Sw with a Water Quality Management Plan - (Action Item) (Elizabeth Kountis) Description A request to reclassify a portion of the Cape Fear River was received by the Division of Water Resources (DWR). Staff with the Lower Cape Fear River Program submitted this request. The subject portion of the Cape Fear River is proposed to be reclassified from Class SC to Class SC Swamp with a water quality management plan. The Water Quality Committee was asked to approve this reclassification request in order for staff to proceed with preparing the fiscal note, then, staff would come to the EMC for approval to proceed to public hearing. Discussion Dr. Rubin asked whether the proposal would have any impact on future permitted on-site wastewater systems in the area adjacent to the proposed river segment. Tom Belnick, with DWR NPDES wastewater permitting, explained that those types of systems are considered to have a de minimis impact and that the proposal only focuses on municipal and industrial systems. Mr. Martin asked if an exclusion clause for this general permit should be added to the proposal. Chairman Tedder advised DWR staff to look into clarifying the rule language concerning this issue before DWR staff comes back to the EMC with a request to proceed to public hearing.
Motion Mr. Martin moved that the WQC approve staff’s request to begin the process of reclassification of the portion of the Cape Fear River specified from Class SC to Class SC Sw and the associated water quality management plan, to begin preparation of fiscal note, and then to bring to the EMC a request for approval to proceed to public hearing and approval of the fiscal note. The motion was seconded by another WQC member and unanimously approved by the remaining WQC members. 3. Status of Rules Review of Subchapters 02B, 02H, 02T, and 02U in accordance with S.L. 2013-413 (HB74) – (Information Item) (Jeff Manning) Description In accordance with General Statute 150B-21.3A, the EMC at its March 2014 meeting, made an initial determination of “necessary with substantive public interest” for 15A NCAC 02B (116 rules), 02H (119 rules), 02T (108 rules), and 02U (32 rules). A comment period was held from March 17, 2014 to May 21, 2014 to accept comments on the rules and its initial determination. Staff presented an overview of the comments received and will return to the EMC in September with a final recommendation for EMC’s action. Discussion Chairman Tedder asked staff have they determined what rules will be grouped together as they move forward through the existing process. Mr. Manning explained that some of the 2H, 2T, 2U, and Triennial Review rules are being redrafted simultaneously with the process. He also noted that there are potential legislative revisions that may affect some those rules. In addition, Chairman Tedder asked if there was a timetable beginning in January 2015 as to what rules would come to the WQC first for consideration. DWR Director Tom Reeder said that the WQC would probably receive the rules as groups in alphabetical order. EMC Chairman Benne Hutson asked staff when Legislative oversight Committee would take action on the determination. The DWR Director said he expects the action to be completed sometime in 2015. Motion Not Applicable 4. Update on 303(d) List – (Information Item) (Cam McNutt) Description DWR submitted North Carolina’s 2014 303(d) list to the Environmental Protection Agency (EPA) on March 31, 2014. The 303(d) list, a biennial Clean Water Act requirement, identifies waters that do not meet water quality standards and require development of a total maximum daily load (TMDL) or other restoration plan. Staff discussed the contents and status of the 2014 submittal package, and provided a proposed schedule for the 2016 list. DWR is accepting public comment on NC’s 303(d) Listing Methodology through July 31, 2014.
Discussion WQC Chairman Mr. Tedder asked whether DWR staff had received anything in writing from EPA about the 90% confidence for 10 % exceedence method for assessing metals in North Carolina. In addition, he asked whether this method for assessing toxics is consistent with other states within other EPA regions. EMC Chairman asked that the full commission push hard for the justification for the 90%/10% “rule” and DWR staff be more forceful advocates of the 90%/10% in their dealings with EPA. Motion Not Applicable 5. Nutrient Development Criteria Plan Update – (Information Item) (Dianne Reid) Description Staff provided an update on the Nutrient Criteria Development Plan (NCDP) plan that is part of North Carolina’s Clean Water Act Section 106 Workplan agreement with the Environmental Protection Agency (EPA). Since the Committee’s last update in November 2013 the public and the EPA commented on two drafts of the NCDP. Improvements to the plan contributed by stakeholders include clarification that nutrient criteria will ultimately be developed throughout NC, and the addition of language providing renegotiation of task/milestone deadlines due to unforeseen events. In June, EPA and NC reached “mutual agreement” on the NCDP. A brief overview of the plan, upcoming deadlines and a description of the Scientific Advisory Council that will be formed was provided. Discussion EMC Chairman Benne Hutson asked whether the numeric nutrient criteria include narrative standards and has EPA signed off on this. Ms. Reid said yes. Ms. Reid went on to say that the goal of the plan is to develop nutrient criteria that ensure that uses are being protected but not overly protected. WQC Chairman Steve Tedder asked whether the middle Cape Fear River is listed on 303 (d) list as impaired. Ms. Reid said that Buckhorn Dam is listed impaired for chlorophyll-a. He also asked whether the Albemarle is on the 303 (d) list. Ms. Reid said that it is not. Mr. Tedder said that ecological variables should be considered in the plan because they factor into a site specific issue. Motion Not Applicable
6. High Rock Lake Nutrient Modeling Update - (Information Item) (Pam Behm) Description DWR has been working with a Technical Advisory Committee, comprising of state and local organizations, since 2005 to develop the tools (watershed and nutrient response models) that will be used to support a strategy to manage nutrients entering the lake. The purpose of this
information item is to provide background on the nutrient status of the lake, and an update on the modeling effort. Discussion EMC Chairman Benne Hudson suggested bringing in the Neuse and Jordan people into step 2 of the Nutrient Management Strategy Development process for High Rock Lake. Motion Not Applicable
This meeting summary was prepared by Adriene Weaver, Julie Ventaloro, Jeff Manning, Elizabeth Kountis, Cam McNutt, Dianne Reid, and Pam Behm.
BRIEF
At the July 9, 2014 meeting of the Environmental Management Commission (EMC) Water Quality Committee (WQC), the WQC: approved the May 7, 2014 WQC meeting summary. approved to recommend the 30 day waiver to the EMC and request approval of public comment and hearing on proposed amendments to stormwater rule 15A NCAC 02H. 1002 including the gravel definition and associated fiscal note. approved to begin preparation of the fiscal analysis for the Proposed Swamp Reclassification for a portion of the Cape Fear River and then to proceed to the EMC with this reclassification proposal and associated water quality management plan. heard an update on the rules review for Subchapters 02B, 02H, 02T, and 02U; the 303 (d) list, NC’s Nutrient Criteria Development Plan, and the High Rock Lake Nutrient Modeling effort.
WQC Members in Attendance: Mr. Steve Tedder (Chairman) Mr. David Anderson Mr. William Puette Dr. Albert Rubin Mr. Benne Hutson Mr. Kevin Martin Mr. Thomas Craven Others Present: Mr. Tom Reeder, Division of Water Resources (DWR) Director Ms. Mary Lucasse, Attorney General Office Mr. Gerald Carroll, EMC Dr. Lawrence W. Raymond, EMC Mr. Daniel Dawson, EMC None of the WQC members recused himself from making a decision on any of the items on the July 9, 2014 WQC agenda. 1. Request to Proceed to the Environmental Management Commission (EMC) for Approval of Public Comment and Hearing on Proposed Amendments to Stormwater Rule 15A NCAC 02H .1002 including a Definition of Gravel and Approval of the Fiscal Note (Action Item) (Julie Ventaloro)
Description The Division of Energy, Mineral and Land Resources (DEMLR) requested the WQC’s approval to proceed to the EMC with proposed amendments to the subject rule. Session Law 2013-413 amended G.S. 143-214.7 to exclude “gravel” from the definition of “built-upon area.” This proposed rulemaking incorporates the revised definition of “built-upon area” into Rule 15A NCAC 02H .1002 as required by G.S. 143-214.7 and replaces the identical temporary rule currently in effect. The proposed rulemaking also defines the term “gravel” and includes other changes that are technical in nature, such as renumbering and alphabetizing the definitions. All of these changes provide clarity to the regulated community on the implementation of stormwater rules that are required by G.S. 143-214.7. In accordance with G.S. 150B-19.1, DEMLR has submitted a fiscal note to the Office of State Budget Management for review. The EMC will be asked at its July 10, 2014 meeting to waive the 30-day rule in order to allow adoption of these permanent rule changes before the temporary rule expires on January 10, 2015. Discussion None Motion For this item the following motions were made. Mr. Martin moved that the WQC approve the recommendation to the EMC to utilize the 30-day waiver. The motion was seconded by another WQC member and the remaining WQC members unanimously approved the motion. Proceed this item to the full EMC. The members of the WQC unanimously approved this motion. 2. Proposed Reclassification of a Section of the Cape Fear River in New Hanover and Brunswick Counties (Cape Fear River Basin) from Class SC to Class SC Sw with a Water Quality Management Plan - (Action Item) (Elizabeth Kountis) Description A request to reclassify a portion of the Cape Fear River was received by the Division of Water Resources (DWR). Staff with the Lower Cape Fear River Program submitted this request. The subject portion of the Cape Fear River is proposed to be reclassified from Class SC to Class SC Swamp with a water quality management plan. The Water Quality Committee was asked to approve this reclassification request in order for staff to proceed with preparing the fiscal note, then, staff would come to the EMC for approval to proceed to public hearing. Discussion Dr. Rubin asked whether the proposal would have any impact on future permitted on-site wastewater systems in the area adjacent to the proposed river segment. Tom Belnick, with DWR NPDES wastewater permitting, explained that those types of systems are considered to have a de minimis impact and that the proposal only focuses on municipal and industrial systems. Mr. Martin asked if an exclusion clause for this general permit should be added to the proposal. Chairman Tedder advised DWR staff to look into clarifying the rule language concerning this issue before DWR staff comes back to the EMC with a request to proceed to public hearing.
Motion Mr. Martin moved that the WQC approve staff’s request to begin the process of reclassification of the portion of the Cape Fear River specified from Class SC to Class SC Sw and the associated water quality management plan, to begin preparation of fiscal note, and then to bring to the EMC a request for approval to proceed to public hearing and approval of the fiscal note. The motion was seconded by another WQC member and unanimously approved by the remaining WQC members. 3. Status of Rules Review of Subchapters 02B, 02H, 02T, and 02U in accordance with S.L. 2013-413 (HB74) – (Information Item) (Jeff Manning) Description In accordance with General Statute 150B-21.3A, the EMC at its March 2014 meeting, made an initial determination of “necessary with substantive public interest” for 15A NCAC 02B (116 rules), 02H (119 rules), 02T (108 rules), and 02U (32 rules). A comment period was held from March 17, 2014 to May 21, 2014 to accept comments on the rules and its initial determination. Staff presented an overview of the comments received and will return to the EMC in September with a final recommendation for EMC’s action. Discussion Chairman Tedder asked staff have they determined what rules will be grouped together as they move forward through the existing process. Mr. Manning explained that some of the 2H, 2T, 2U, and Triennial Review rules are being redrafted simultaneously with the process. He also noted that there are potential legislative revisions that may affect some those rules. In addition, Chairman Tedder asked if there was a timetable beginning in January 2015 as to what rules would come to the WQC first for consideration. DWR Director Tom Reeder said that the WQC would probably receive the rules as groups in alphabetical order. EMC Chairman Benne Hutson asked staff when Legislative oversight Committee would take action on the determination. The DWR Director said he expects the action to be completed sometime in 2015. Motion Not Applicable 4. Update on 303(d) List – (Information Item) (Cam McNutt) Description DWR submitted North Carolina’s 2014 303(d) list to the Environmental Protection Agency (EPA) on March 31, 2014. The 303(d) list, a biennial Clean Water Act requirement, identifies waters that do not meet water quality standards and require development of a total maximum daily load (TMDL) or other restoration plan. Staff discussed the contents and status of the 2014 submittal package, and provided a proposed schedule for the 2016 list. DWR is accepting public comment on NC’s 303(d) Listing Methodology through July 31, 2014.
Discussion WQC Chairman Mr. Tedder asked whether DWR staff had received anything in writing from EPA about the 90% confidence for 10 % exceedence method for assessing metals in North Carolina. In addition, he asked whether this method for assessing toxics is consistent with other states within other EPA regions. EMC Chairman asked that the full commission push hard for the justification for the 90%/10% “rule” and DWR staff be more forceful advocates of the 90%/10% in their dealings with EPA. Motion Not Applicable 5. Nutrient Development Criteria Plan Update – (Information Item) (Dianne Reid) Description Staff provided an update on the Nutrient Criteria Development Plan (NCDP) plan that is part of North Carolina’s Clean Water Act Section 106 Workplan agreement with the Environmental Protection Agency (EPA). Since the Committee’s last update in November 2013 the public and the EPA commented on two drafts of the NCDP. Improvements to the plan contributed by stakeholders include clarification that nutrient criteria will ultimately be developed throughout NC, and the addition of language providing renegotiation of task/milestone deadlines due to unforeseen events. In June, EPA and NC reached “mutual agreement” on the NCDP. A brief overview of the plan, upcoming deadlines and a description of the Scientific Advisory Council that will be formed was provided. Discussion EMC Chairman Benne Hutson asked whether the numeric nutrient criteria include narrative standards and has EPA signed off on this. Ms. Reid said yes. Ms. Reid went on to say that the goal of the plan is to develop nutrient criteria that ensure that uses are being protected but not overly protected. WQC Chairman Steve Tedder asked whether the middle Cape Fear River is listed on 303 (d) list as impaired. Ms. Reid said that Buckhorn Dam is listed impaired for chlorophyll-a. He also asked whether the Albemarle is on the 303 (d) list. Ms. Reid said that it is not. Mr. Tedder said that ecological variables should be considered in the plan because they factor into a site specific issue. Motion Not Applicable
6. High Rock Lake Nutrient Modeling Update - (Information Item) (Pam Behm) Description DWR has been working with a Technical Advisory Committee, comprising of state and local organizations, since 2005 to develop the tools (watershed and nutrient response models) that will be used to support a strategy to manage nutrients entering the lake. The purpose of this
information item is to provide background on the nutrient status of the lake, and an update on the modeling effort. Discussion EMC Chairman Benne Hudson suggested bringing in the Neuse and Jordan people into step 2 of the Nutrient Management Strategy Development process for High Rock Lake. Motion Not Applicable
This meeting summary was prepared by Adriene Weaver, Julie Ventaloro, Jeff Manning, Elizabeth Kountis, Cam McNutt, Dianne Reid, and Pam Behm.
