TR Presentation - EMC (January 2025) (Action Item)

2023-2025 Surface Water Triennial Review Amendments to Select Rules
in 15A NCAC 02B .0200
NC Environmental Management Commission
January 9, 2025
Christopher Ventaloro, NCDEQ Classifications & Standards Branch
Triennial Review
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Rulemaking process to adopt standards into NC rule
States are required to:
o Review WQS and 304(a) criteria
o Hold a public hearing at least every three years
o Provide scientific justification for changes to WQS
o Document reasons for not adopting 304(a) criteria
o Submit WQS for review within 30-days of final State action
* 40 CFR 131.20
2023-2025 Triennial – Focus Topics
Proceed with proposed revisions to:
Primary recreation standard for Class B waters
(freshwater)
Variance language
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EPA’s Updated Criteria for Primary Recreation Waters
2012 – EPA published updated bacterial indicator criteria for primary recreation waters in fresh and marine waters
o Re-evaluated older epidemiological studies of fecal &
E. coli levels associated with gastrointestinal illness in
recreators
o Included more recent epidemiological studies
o Evaluated newer rapid test methods (qPCR)
o Option to use E. coli or Enterococcus --> better
correlation to gastrointestinal illness
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E. Coli is part of the fecal coliform bacteria group
which is part of the larger coliform bacteria
group
North Carolina’s Freshwater Primary Recreation Waters
(Class B)
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Selection of the Criteria
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North Carolina Study of the E. coli and Fecal Coliform Pathogenic Indicators
for Recreational Waters - Final Report (January 10, 2024 - attached)
Analyzed ambient (in-stream) & effluent samples
Compared exceedances for existing fecal standard and four E. coli criteria
options
Ambient results show similar exceedance rate for fecal vs. each E. coli option
Effluent results show greater potential for exceedances from two E. coli options
E. coli option 2 selected  Consistent with EPA R4 states & current criteria
exceedance rate. Provides similar protection as fecal WQS with minimal
impact to permittees.
Proposed
Amendment
(3)(b) Escherichia coli shall not exceed a geometric mean of 126/100 ml
(colony forming units or most probable number) based on at least five
samples taken over a 30-day period. Escherichia coli also shall not
exceed 274/100 ml (colony forming units or most probable number) in
more than 20 percent of the samples examined during such period.
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Update the recreational standard for primary
recreation waters in 15A NCAC 02B .0219 (3)(b)
using E. coli as the bacterial pathogen indicator
Update Language for Variances
EPA requested states update rule language for variances to either:
i.Provide language specifying the requirements for variances
per §131.14, or
ii.Reference 40 CFR §131.14
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Proposed Amendment
Clarify the requirements for variances in 15A NCAC 02B .0226 by
including a reference to 40 CFR §131.14 as requested by EPA.
RIA Summary
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Rule Proposed Change Economic Impacts Environment/
Health Impacts
15A NCAC 02B .0219
Fresh Surface Water
Quality Standards for
Class B Waters
Update recreational bacteria
criterion for Class B waters by
replacing fecal coliform with
E. coli
Cost savings of approximately $0 - $25
per sample for facilities covered under
NPDES wastewater and stormwater
permits.
No costs are anticipated to the state’s
Lab Certification program or to
commercial laboratories.
Net cost savings of ~$1,150 annually to
the state’s Ambient Monitoring program.
Maintain surface
water quality,
recreational
uses, and
human health
protections.
15A NCAC 02B .0226
Exemption from
Surface Water Quality
Standards
Update language for
variances by adding a
reference to EPA regulations
at 40 CFR 131.14
None None
Rulemaking Timeline
OSBM Approved
Fiscal Note / RIA
October 29, 2024
WQC Approval toProceed
November 13, 2024
EMC Approval to
Notice
January 9, 2025
File for NC Register
Publication
January 27, 2025
Notice of Text / Public
Comment period begins
February 17, 2025
Public Hearing1
April 3-18, 2025
End of Public Comment period2
April 18, 2025
EMC Adoption
Summer/Fall 2025
Per federal Clean Water Act:
1 At least 45-days from Public Notice
Per NC Administrative Procedures Act:
2 At least 60-days from Public Notice
Action Item Request
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Request approval to proceed to Public Notice and Hearing with
proposed amendments to 15A NCAC 02B .0219 & .0226 and the
associated Regulatory Impact Analysis as part of the 2023-2025
Surface Water Triennial Review
Surface Water Quality Standards Contacts
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Elizabeth Kountis
Water Quality Standards
Coordinator
Phone: [phone]
[e-mail]
DWR Classifications, Standards & Rules Review website:
https://deq.nc.gov/about/divisions/water-resources/planning/classification-standards
Susan Meadows
Water Quality Standards
Assistance
Phone: [phone]
[e-mail]
Christopher Ventaloro
Water Quality Standards Coordinator
Phone: [phone]
[e-mail]
Sapana Bastola
Economist
Phone: [phone]
[e-mail]