EMC_WQC E-coli-standard-timeline

Estimated Timeline for the Development of a
Statewide Recreational Standard for E. coli in
Primary Recreation (Class B) Waters
EMC Water Quality Committee –Information Item
May 11, 2022
Chris Ventaloro, DWR
Review of Class B E. coli Standard Efforts
2020-2022 surface water triennial review
•NCDEQ proposed adoption of site-specific standard for Class B waters
in Asheville Region
•Address regional public concerns & compliment current research
activities (ARO & NGO's)
•Public comments indicated strong desire for statewide standard
•EPA not supportive of site-specific standard based on geographic
location
EMC –March 10, 2022
•Adopted the 2020-2022 surface water triennial review
amendments to 15A NCAC 02B .0200 & .0300
•Included *not adopting* the proposed site-specific standard for E.
coli
•Directed the Department to present a workplan for development
of a statewide recreational standard for E. coli in Class B waters
in May 2022
Statewide E. coli Standard Workplan
Workplan includes the following stages:
1.Development
2.Statewide bacteria study
3.Rulemaking
Development stage:
•Development statewide fecal coliform/E. coli study plan
o Study logistics (data needs, sample locations, EJ considerations, etc.)
o Material resource needs (lab, equipment, vehicles, etc.)
o Staff resource needs (availability, temp staff, contractors, etc.)
o Communication/planning with contractor(s)
o Data analysis goals
•State contracting
o Identify potential contractors to perform monitoring & analysis
o Proceed through state budget process to hire contractors
Development stage continued:
•Development of standard
o Review of EPA criteria
o Determination of appropriate illness rate, magnitude, statistical
threshold value, duration, and frequency
o Implementation considerations (phase-in approach)
•Stakeholder outreach
•Reach out to discuss bacteria standard concerns
•Educate stakeholders on standards, water body classification,
implementation, and swimming advisories (DHHS)
Bacteria study & data analysis stage
•Study will compare fecal coliform & E. coli levels in Class B waters
across the state to determine relationship
•Goals:
o Provide stakeholders an idea of potential benefits/impacts
o Inform the implementation of the standard in water protection
programs (TMDLs, NPDES permitting)
•Data review & statistics
•QA/QC & determination of statistical relationship
•Implementation assessment
•NPDES Section –assess impacts to permitted facilities
•Modeling & Assessment –assess impacts to assessment of Class B
waters (impairments & TMDLs)
•Regulatory Impact Analysis
•Research cost related data
•Evaluate bacterial study data to inform cost analysis
Bacteria study & data analysis stage
Rulemaking stage
Development
•Staff review available guidance & literature, as well as the results
of the statewide bacteria study, to develop Rule package
•Rule to EMC to proceed through APA rulemaking process
State
Approval
•EMC Approval
•RRC Approval
•Attorney General sign-off
Federal
Approval
•EPA Clean Water Act Review
•Endangered Species Act review
•NC notified of approval/disapproval of rule
10
Stage 1 -Development of Standard & Study Plan May 2022 –December 2023
Building connection with universities &
contracting process
May 2022 –July 2022
Study plan development & scope
document
May 2022
Stage 2 -Study & Data Analysis September 2022 –October 2023
Bacteria study
July 2022 –Oct. 2022 & April
2023 –June 2023
QA/QC review, data analysis &
implementation evaluation
July 2023 –Sept. 2023
Stage 3 –Fiscal Analysis, State Rulemaking Oct. 2023 –December 2024
Fiscal analysis & OSBM
approval
Oct. 2023–Feb. 2024
EMC rulemaking
Jan. 2024 –Nov. 2024
•WQC in January
•EMC in March
•Public Notice April or May
•Hearings mid/late June
•Return to EMC in November
RRC
rulemaking
December
2024
* Swim season is April to October
Asheville E. coli Recreational Monitoring
•ARO monitoring E. coli & fecal coliform since 2019
•Working with USGS to develop estimative model for E. coli in
French Broad River (FBR)
•Findings to date:
o E. coli & fecal coliforms levels highly correlative
o E. coli & fecal coliforms levels highly correlative w/turbidity
o Fecal levels frequently exceed Class B standard in FBR
o Anticipate impairment listing for a segment of FRB
Asheville E. coli Recreational Monitoring
•Data from ARO monitoring will be used in the statewide E. coli
study
•ARO continuing to work on:
o Development of estimative model
o Evaluating expansion of monitoring program
o Engaging stakeholders, DHHS, and local health departments
Chris Ventaloro
Water Quality Standards Co-Coordinator
Classifications, Standards and Rules Review Branch
Division of Water Resources
[e-mail]
919-707-9016