March 7 2018 WQC Summary Approved

Approved March 7 2018

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ENVIRONMENTAL MANAGEMENT COMMISSION
WATER QUALITY COMMITTEE MEETING AGENDA

March 7, 2018
BRIEF
The Water Quality Committee (WQC) of the Environmental Management Commission (EMC)
at its March 7, 2018 meeting:
• approved the draft summary of the January 10, 2018 WQC meeting.
• approved to proceed to the EMC with the 2018 303(d) Listing and Delisting Methodology.
• was given an overview of the Division of Water Resources’ major variance process for the riparian buffer protection programs.
• was given an update on the nutrient strategy rules.

WQC Members in Attendance: Dr. Albert R. Rubin, WQC Chair
Ms. Marion Deerhake, WQC Vice Chair
Dr. Suzanne Lazorick Mr. Mitch Gillespie Mr. Steven Keen Dr. Stan Meiburg
Mr. J.D. Solomon, EMC Chair
WQC Members not in Attendance: Ms. Julie Wilsey, EMC Vice Chair Others Present:
Mr. Bill Puette, EMC Mr. Phillip Reynolds, EMC Counsel Ms. Linda Culpepper, Department of Environmental Quality, Division of Water Resources Interim Director

I. Preliminary Matters
WQC Chair Dr. Albert Rubin read the conflict of interest statement under General Statute 138A-
15. No member of the WQC expressed a conflict of interest with any item on the March 7, 2018
WQC agenda.
Dr. Meiburg made a motion to approve the summary for the January 10, 2018 meeting. Mr.
Keen seconded the motion. Each WQC member was in favor of the motion and the motion
passed.
II. Agenda Items
Approved March 7 2018

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1. Request Approval of 2018 303(d) Listing and Delisting Methodology
Description
Pamela Behm and Cam McNutt, Division of Water Resources (Division) Modeling and
Assessment Branch, gave a brief overview on the statutory authority for the 303(d) process, the
history of the 303(d) assessment methodology, EPA’s decision on the 2016 303(d) list, and
proposed clarifications to the 2018 303(d) Listing and Delisting Methodology to address small
datasets and to resolve concerns with removing waters from the 303(d) list where there is low
confidence that waters are meeting criteria. EPA Region IV has reviewed the proposed changes
and has indicated that the changes address concerns. There is no resolution between the states
and EPA on the listing methodology for metals for determining impairment. The timeline for the
2018 303(d) list includes receiving public comment on the methodology changes concurrent with
public comment on the draft 2018 303(d) list. The WQC’s approval was requested to proceed to
the EMC with the proposed clarifications to the 2018 303(d) Listing and Delisting Methodology.
Discussion
Mr. Gillespie asked staff would more data from an outside entity help assess waters with
inconclusive data. Mr. McNutt said yes and those waters are category 3 waters. Mr. Keen asked
what the process is for fish consumption for listing. Mr. McNutt said there must be a site specific
advisory and fish tissue data available in the assessment unit with the exception of Mercury fish
tissue advice which is statewide. Dr. Meiburg asked staff does the assessment set an equal
burden for waters coming off and going on the 303(d) list. Ms. Behm responded that defining
equal is difficult in this case, as different formulas are used to determine if something should go
on the list versus going off. The state has tried to balance the burden of proof in both directions.
Motion
Dr. Meiburg made a motion to approve the 2018 303(d) Listing and Delisting Methodology to
proceed to the EMC tomorrow. Mr. Keen seconded the motion. The motion passed
unanimously.
2. Update on Nutrient Strategy Rules
WQC Chair Dr. Albert Rubin said that he will present a summary of the stakeholder comments
on the rules to the WQC.
3. Riparian Buffer Protection Programs – Major Variances
Description
Karen Higgins, DWR’s 401 Wetland and Buffer Permitting Program, provided a brief overview
of the major variance process for the riparian buffer protection programs.
Discussion
Mr. Keen asked staff if it has received more major variance requests for hardships for
commercial properties in municipalities. Ms. Higgins said the Division doesn’t get enough to
see a trend. WQC Vice Chair asked why is it not possible to notify the purchaser what he/she
could encounter prior to closing. Ms. Higgins said that the general assembly in 2015 passed a
session law that requires buffers to be recorded on plats. She went on to say that projects
Approved March 7 2018

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approved by the division are required to have a deed notification that can document protective
buffers.
Motion
Not Applicable
4. 2017 Annual Report on Water Supply Watershed Ordinance Approvals, Universal
Stormwater Management Program Ordinance Approvals, and Phase II Program
Description
Julie Ventaloro, Division of Energy, Minerals, and Land Resources Water Supply Watershed
Protection Program was present at the WQC meeting to answer the WQC’s questions.
Discussion
None
Motion
Not Applicable
III. Closing Comments – WQC Chair, Dr. Albert Rubin
No closing remarks
The draft of the March 7, 2018 WQC meeting summary was prepared by Ms. Pam Behm and
Mr. Cam McNutt (DWR Modeling and Assessment Branch), Dr. Albert Rubin (WQC Chair),
Ms. Karen Higgins (DWR 401 Wetlands and Buffer Permitting Branch), and Ms. Adriene
Weaver (DWR Classifications and Standards/Rules Review Branch)