Wojoski 2023 TriennialReview RIA Overview

Information Item:
2023-2025 Surface Water Triennial Review –Regulatory Impact
Analysis Overview Water Quality Committee
May 8, 2024
Paul Wojoski, NCDEQ Classifications & Standards Branch
What is and Regulatory Impact Analysis (RIA)?
o Required by the Administrative Procedure Act (G.S. 150B-21.4)
o A tool to identify, quantify, and communicate the
anticipated effects of rule changes.
o A structured evaluation of tradeoffs - weighs the benefits of regulatory changes against their costs
o Goals:
•Improve rule design
•Inform decision-making
•Increase transparency about rule changes and anticipated outcomes for regulated entities and interested parties
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2023-2025 Triennial Topics in RIA
•Updated human health criteria
•Fish Consumption
•Water Supply
•Updated human health exposure factors (EFs)
•1,4-Dioxane
•E. coli criteria for Class B (primary recreation) waters
•Update variance language (per EPA)
•Technical corrections
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2023-2025 Triennial Topics in RIA
•Updated human health criteria
•Fish Consumption
•Water Supply
•Updated human health exposure factors (EFs)
•1,4-Dioxane
•E. coli criteria for Class B (primary recreation) waters
•Update variance language (per EPA)
•Technical corrections
4
No Fiscal Impact
Data in RIA: How Programs use Water Quality Standards
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Regulatory Permitting Programs
National Pollutant Discharge Elimination System
(NPDES)
•Wastewater
•Stormwater
Waste Management
•Hazardous Waste
•Superfund
•Solid Waste
•Underground Storage Tank
Animal Feeding Operations
Non-discharge
Other Regulatory Programs
Assessment and Listing - 303(d)
Water Sciences – Ambient Monitoring
Water Sciences – Laboratory Certification.
•General
•How WQC criteria values are translated into effluent limit values.
•Updated human health criteria
•Which parameters and how many of them are actively used in permits.•Which parameters are becoming more or less stringent.•How many facilities have one or more of the human health criteria parameters in permits•Which permit types contain these parameters
•Updated human health exposure factors (EFs)
•How many derived criteria parameters are actively used in permits.•How many active permits have a limit based on a derived criteria value•Which permit types contain these parameters
Data in RIA: NPDES Focus Wastewater Dischargers
(Industrial and Municipal)
6
•1,4-Dioxane
•How many active permits have limits or monitoring requirement for 1,4-dioxane currently•Which permit types contain these limits or monitoring requirements•What treatment technologies exist for 1,4-dioxane•Summary of costs associated with the installation of treatment from case studies•Summary of the history of 1,4-Dixoane in North Carolina and treatment outlook.
•E. coli criteria for Class B (primary recreation) waters
•Summary of laboratory costs associated with Fecal v. E. Coli tests•How many permits are expected to be impacted and compliance cost.•Results of DEQ study on impairment and compliance impacts from the change in indicator
Data in RIA: NPDES Focus Wastewater Dischargers
(Industrial and Municipal) Continued
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Example: Fish Consumption: HHC Parameters V. Current
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KEY
Criteria Value MORE STRINGENT than
current
Criteria Value LESS STRINGENT than
current
Legacy Pesticide no longer in use.
ZERO active permits with these
parameters.
Chemical​
Current
Fish Consumption Stand
ard (ug/L)​
Proposed
Fish Consumption Stand
ard (ug/L)​
1,1,2,2-
Tetrachloroethane​4​3​
Aldrin​0.00005​0.00000077​
Benzene​51​25​
Carbon Tetrachloride​1.6​5​
Chlordane​0.0008​0.00032​
DDT​0.0002​0.000030​
Dieldrin​0.00005​0.0000012​
Heptachlor​0.00008​0.0000059​
Hexachlorobutadiene​18​0.01​
Tetrachloroethylene​3.3​29​
Trichloroethylene (TCE)​30​7​
Vinyl Chloride​2.4​1.6​
Five parameters
will have more
stringent values.
Example: All Human Health Criteria: NPDES Wastewater Permits Impacted
9
Active NPDES Permits unaffected by criteria updates, 1,053
Facilities with
limits that may become LESS stringent, 1
Facilities with limits that may
become MORE stringent, 6
Facilities with limits that may
become more
AND less stringent, 1Affected FacilitiesAll Industrial, 8
Active NPDES Permits unaffected by criteria updates
Facilities with limits that may become LESS stringent
Facilities with limits that may become MORE stringent
Facilities with limits that may become more AND less stringent
Data as of April 2024
Benefits
•As a result of updating North Carolina’s human health criteria and exposure factors, we expect some benefit to human health, productivity, and reduced mortality.
•More accurate bacterial indicator (E. coli) is less likely to restrict public access (e.g., swim advisories/closures) and related revenue loss.
•Regulating 1,4-dioxane at sources avoids treatment system costs to remove 1,4-dioxane from drinking water system for downstream municipalities.
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11
Questions