The URL can be used to link to this page

Home My WebLink AboutMarch 2024 WQC Agenda1 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION WATER QUALITY COMMITTEE Agenda March 13, 2024 12:15pm-3:15pm Archdale Building, Ground Floor Hearing Room Steve Keen, Chair Presiding This meeting will occur in the Ground Floor Hearing Room of the Archdale Building at 512 N. Salisbury St, Raleigh, NC. The public may attend in person or via the state web conferencing links posted online at: https://deq.nc.gov/about/divisions/water-resources/water-resources- commissions/environmental-management-commission/meeting-information I. Preliminary Matters 1. Call to Order and Notice of NCGS 138A-15………………….…………..…….Chair Keen North Carolina General Statute 138A-15 mandates that at the beginning of any meeting of a board, the chair shall remind all members of their duty to avoid conflicts of interest under this Subchapter. The chair also shall inquire as to whether there is any known conflict of interest with respect to any matters coming before the board at the time. 2. Approval of draft January 10, 2024 WQC Meeting Minutes II. Action Items 1. Request for Approval to Proceed to the EMC with Proposed Amendment to 15A NCAC 02B .0202 pursuant to SL2023-63 (Sue Homewood, Division of Water Resources) Session Law 2023-63 “An Act to Make Various Changes to the Agricultural and Wastewater Laws of this State” became effective on June 27, 2023. Section 15 of the Session Law revised the definition of “wetlands” in 15A NCAC 02B .0202. The Session Law dictated immediate implementation of the revision and directed the EMC to adopt a rule consistent with the revised definition. The Division is requesting approval to begin the process to amend the definition of wetlands in Rule 15A NCAC 02B .0202. ATTACHMENTS PowerPoint Presentation Attachment A: Proposed Amended Rule 15A NCAC 02B .0202 2 Attachment B: Draft Regulatory Impact Analysis 2. Request Approval to Proceed to the Environmental Management Commission with the 2024 Periodic Review of 15A NCAC 02B, 02H, 02T and 02U (Karen Higgins, Division of Water Resources) §150B-21.3A requires all rules be reviewed every 10 years to determine whether the rules are necessary or unnecessary. DWR staff will present the initial review of Subchapters 02B Surface Water and Wetland Standards, 02H Procedures for Permits, 02T Waste Not Discharged to Surface Waters (except for Section .1500), and 02U Reclaimed Water and request approval from the WQC to proceed to the Environmental Management Commission (EMC). DWR staff will be requesting the EMC to approve proceeding to public notice and comment on the initial determinations. ATTACHMENTS PowerPoint Presentation Subchapter 02B Initial Report Subchapter 02H Initial Report Subchapter 02T (excluding Section .1500) Initial Report Subchapter 02U Initial Report 3. Request to Proceed to the EMC for Public Notice and Hearings with Proposed Triennial Review Amendments to Select Rules in 15A NCAC 02B .0200 (Chris Ventaloro, Division of Water Resources) The Division of Water Resources is requesting approval from the WQC to proceed to the EMC to request public notice and hearings on proposed amendments to 15A NCAC 02B .0208, .0212, .0214, .0215, .0216, .0218, .0219, .0226. These amendments are proposed as part of the Triennial Review of Surface Water Standards in accordance with the federal Clean Water Act requirement to review water quality standards and provide opportunity for public comment at least once every three years. In addition to these proposed amendments, staff will also solicit public comments for surface water standards topics to be considered in future Triennial Reviews. ATTACHMENTS ATTACHMENT A - 2023-2025 SW Triennial Review PowerPoint Presentation ATTACHMENT B – 15A NCAC 02B .0208, .0212, .0214, .0215, .0216, .0218, .0226 Draft Rules 3 ATTACHMENT C - Preliminary Fiscal Note Screening Analysis Summary - 2023-2025 Triennial Review ATTACHMENT D - NC Study of E. coli and Fecal Coliform ATTACHMENT E - Human Health Criteria Summary Sheets ATTACHMENT F - 1,4-Dioxane Calculation Sheet III. Information Items 1. Update on Study of Narrative Standards per SL 2023-137(8) (Information) (DWR) ATTACHMENT Presenta�on 2. Reclassification of Portions of the Yadkin River, South Yadkin River, and Associated Tributaries to WS-IV Critical Area (CA) and WS-IV Protected Area (PA) (Yadkin Pee-Dee River Basin) (Elizabeth Liebig, Division of Water Resources) On behalf of Salisbury-Rowan Utilities (SRU), the Division of Water Resources (DWR) will be requesting the Environmental Management Commission reclassify portions of the Yadkin River, South Yadkin River, and associated tributaries in Rowan, Davie, and Davidson Counties (Yadkin Pee-Dee River Basin) to water supply waters. During the November 2023 and January 2024 Water Quality Committee (WQC) meetings, DWR staff presented information on this reclassification request being proposed under rule 15A NCAC 02B .0202 items (20)(c) and (48)(c). At the request of the WQC, DWR staff will provide an update on the status and timeline of the reclassification process.  This informational item is being brought to the WQC ahead of a future action item request to initiate the rulemaking process for the reclassification. ATTACHMENTS Presentation Salisbury-Rowan Utilities’ Concurrence with Reclassification Timeline 3. PFAS Update on Stakeholder Meetings and Status of EPA (Julie Grzyb, DWR) ATTACHMENT Presentation 4 4. Proposed Revisions to the Tar-Pamlico Nutrient Strategy Wastewater Discharge Requirements Rule 15A NCAC 02B .0733 (John Huisman, Division of Water Resources) The Tar-Pamlico Nutrient Strategy was adopted by the EMC in 2001 and consists of a comprehensive set of rules designed to remedy nutrient over-enrichment of the estuary by equitably regulating nutrient pollution from both wastewater, stormwater, and agricultural nutrient sources. The rules seek to reduce nitrogen loading to the estuary by 30 percent and cap phosphorus loading relative to a 1991 baseline. Under an Agreement initiated in 1990 between the Division, EMC and an association of point source dischargers, the Tar-Pamlico Basin Association (TPBA), receives collective annual end-of-pipe nitrogen and phosphorus loading caps based on the nutrient strategy reduction goals. If either cap is exceeded, the TPBA can fund nutrient reducing practices to offset those exceedances. A separate wastewater rule (15A NCAC 02B .0733) was adopted in 1997 to address requirements for non-association new and expanding dischargers. The .0733 rule was readopted with revisions in 2020 at which time its applicability was expanded to address all new and expanding facilities in the basin. The current iteration of the Agreement expires in 2025. To continue the point source reduction objectives of the Agreement and provide a clear regulatory path for utilizing offsets, the Division is proposing additional revisions to the .0733 rule to fully incorporate the Agreement’s wastewater discharge requirements for the TPBA members. ATTACHMENTS PowerPoint Presentation 15A NCAC 02B .0733 - Proposed Revisions III. March EMC Meeting Agenda Items 1. 2024 Periodic Review of 15A NCAC 02B, 02H, 02T and 02U (Karen Higgins, Division of Water Resources) IV. Future Committee Interests…………………………………. Chair Keen V. Director’s Remarks……………………………….……………...Richard Rogers, DWR VI. Closing Remarks……………………………………………...…. Chair Keen