DEQ-CFW_00022218

Main Legislation Affecting DWR
0 Session Law 2017-57 (S13 257) In Situ Nutrient Management Strategies
— Allow the use of $1.3 million for permitting and implementation of alternative
technologies for in situ approaches to nutrient management in Falls Lake and
Jordan Lake;
— Require testing or sampling activities required to support permit applications
begin by September 1, 2017; and
— Submit an interim report no later than September 1 of each year the study an
trial, with a final report due no later than December 31, 2020. 1
q,ection 13.8(a) Dredging Study
The DWR shall study the feasibility and cost-effectiveness of the acquisition by
the State of North Carolina of one or more dredges. Recommendations for fiscal
or legislative actions are due no later than April 1, 2018.
The Department ofTransportation and the Department ofEnvironmental Quality
shall jointly perform a cost -benefit analysis of the State providing dredging
services versus the State utilizing private contractors to provide dredging
services. The findings ofthe analysis required, including any legislative
W MUSE Tom.,
— Section 4 outlines clarification for reporting of wastewater discharges-
- Section 5 consolidation of water resources and water quality reports.
-- Section 9clarifies setbacks for permitted disposal systems.
-- Section 13 amends existing buffers toexempt requirements for public safety.
-- Section 14 exempts the Catawba River Basin Buffer rules on publicly owned
property that will be sued for walking trails.
-- Section 15 directs the General Assembly's Fiscal Research Division to estimate
the value ofproperty subject to the buffer rules with a report due by May I018.
--- Section 16 directs DVVRto conduct water quality sampling program for
nutrients along the mainstern of the Catawba River and include water quality
sampling for nutrients above, in, and below each major tributary of the Catawba
River. The report is due no later than October l, 2018.
-ocal government riparian buffer uniformity, amends Jordan water supply
#uffers to exempt requirements for public safety, and repeals the Catawba
lo,offer rules.
Nutrient Management Regulatory Framework Revisions including adjusting ru
re-acloption dates for Falls and Jordan Lakes. I
OEQ-CFVV_00022218

Directs DEQ and the State Property Office to negotiate with federal authorities
for the state to assume responsibility for acquiring dredged material easement
sites for the Atlantic Intracoastal Waterway between Beaufort Inlet and the Virginia
border.
DWR has worked with Dr. Detlef Knappe at NCSU to evaluate concentrations of 1,4-
dioxane in 2014-15 in the Cape Fear River, and we continue to work with local
governments on methods to reduce the introduction of the chemical into water
systems. Currently there is no certified wastewater laboratory test method so our
Water Sciences lab is developing a test method, which once approved, will allow NPID
permittees with conditions for required monitoring to conduct testing.. EPA has not s;1-1
a Maximum Contaminant Level (MCL) at this time but has established health screenin
information: httPs://www.epa.gov/sites/production/files/2014-
0 DWR is continuing work with EPA to evaluate current concentrations of
perfluorooctanoic acid and perfluoroctanesulfonic acid (PFOA/PFOS) successor
chemicals (GenX) in the Cape Fear River, and assisting DHHS in the development of
initial health advisory levels along with federal agencies: EPA, Agency for Toxic
Substances and Disease Registry (ATSDR) and the Centers for Disease Control and
Prevention (CDC). Earlier studies conducted in the Cape Fear River by Dr. Mei Sun and
colleagues, including Dr. Knappe and EPA's National Exposure Research Lab in RTP, NC,
Current sampling and analysis conducted in June — July 2017 will supplement those
results. There are limited health studies on some of the chemicals.
Discussion continue between the DWR staff and EPA Region 4 and Headquarters staff
concerning listing methodology, delisting methodology and use of action levels. Staff
discussed use of the states proposed 10/90 listing method vs EPA >1 in 3 method. EPA
Region 4 Water Director agreed to discuss further. Staff also discussed use of Action
Levels as currently prescribed by NC rules and implications for NPIDES permits. Working
on a path forward that will allow permits to comply with state rules until modified and
OEQ-CFVV_00022219