EPA Approval Letter 2022 Triennial Review

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET, SW
ATLANTA, GEORGIA 30303-3104
February 23, 2023
Mr. Richard E. Rogers, Jr.
Director
Division of Water Resources
NC Department of Environmental Quality
512 North Salisbury Street
1611 Mail Service Center
Raleigh, North Carolina 27699-1617
Dear Mr. Rogers:
The U.S. Environmental Protection Agency Region 4 has completed its review of North Carolina’s
Triennial Review revisions to its water quality standards (WQS). These revisions were approved for
adoption by the North Carolina Environmental Management Commission on March 10, 2022 and
became effective for state purposes on June 1, 2022. In a letter dated July 27, 2022, North Carolina’s
Senior Deputy Attorney General certified that the revisions had been duly adopted according to state
law. On August 3, 2022, the EPA electronically received the signed letter dated July 5, 2022, and
package for review from the North Carolina Department of Environmental Quality.
In the July 5, 2022 letter, you submitted a number of revisions to the state’s previously approved
regulations. We very much appreciate the efforts by your staff, particularly Mr. Chris Ventaloro, to keep
us informed along the way and the preparation of the thorough documentation for the Agency’s use
during our review. Your staff’s efforts have greatly assisted us in completing our review.
In accordance with 40 C.F.R. Section 131.21(c), new and revised state and tribal WQS are not effective
for Clean Water Act (CWA) purposes until approved by the EPA. The EPA has concluded, the revisions
are consistent with the CWA and 40 C.F.R. Part 131. In accordance with Section 303(c) of the CWA
and 40 C.F.R. Part 131, and as laid out in the enclosed decision document, the EPA is approving all the
revisions identified as new or revised WQS.
In addition to the EPA’s review pursuant to Section 303(c) of the CWA, Section 7(a)(2) of the
Endangered Species Act (ESA) requires federal agencies, in consultation with the U.S. Fish and Wildlife
Service (USFWS) and the National Marine Fisheries Service (NMFS), to ensure that their actions are
not likely to jeopardize the continued existence of federally listed species or result in the destruction
or adverse modification of designated critical habitat of such species. Regarding consultation activities
for Section 7 of the ESA, the EPA Region 4 concluded that the revisions approved by today’s action
would either have no effect, or in some cases may effect, but were not likely to adversely affect
threatened and endangered species or their designated critical habitat. As a result, a biological evaluation
(BE) was transmitted to the USFWS on July 13, 2022, and a separate BE was transmitted to NMFS on
August 17, 2022. The USFWS provided its concurrence with the EPA’s determinations on July 18,

2022.The NMFS provided a September 27, 2022 letter indicating the Agency would be unable to concur
with EPA’s not likely to adversely affect findings. Pursuant to 50 C.F.R. § 402.12(c), the EPA requested
formal consultation with NMFS by letter dated October 5, 2022. On February 9, 2023, NMFS
transmitted its Biological Opinion, including reasonable and prudent measures (RPMs) that are
necessary to minimize the impacts of incidental take on threatened and endangered species. The
enclosed decision document provides more detail regarding the RPMs, the prohibition of unauthorized
take of ESA-listed species, of NMFS’ findings on the exposure of cadmium and selenium on ESA-listed
shortnose and Atlantic sturgeon species, and of the conditions listed under 50 CFR §402.16(a). With
NMFS’ transmittal of its Biological Opinion, consultation has been concluded under section 7 of the
ESA.

If you have any questions, please feel free to contact me at [phone] or have a member of your
staff contact Mrs. Lauren Petter at [phone] or [e-mail].

Sincerely,

Denisse D. Diaz, Acting Director
Water Division

Enclosure

cc: Dr. Pat Shaw-Allen, NMFS