HRL Presentation - EMC July 2022

Environmental Management Commission
July 2022
Chris Ventaloro, DWR
Hearing Officer's Report of Proceedings for a Site-Specific
Chlorophyll a Surface Water Quality Standard for the High Rock
Lake Reservoir in 15A NCAC 02B .0211
Action Item Request
Approval of the Hearing Officer's Report of
Proceedings and adoption of the Hearing
Officer's recommendation for a site-specific
standard for chlorophyll a in High Rock Lake to
appear in 15A NCAC 02B .0211 .
A –Proposed Amendments to 15A NCAC 02B .0211
B –DWR Overview of High Rock Lake (HRL)Chlorophyll
a Site-Specific Standard Proposal
C –NCDP Scientific Advisory Council High Rock Lake
Chlorophyll a Criteria Recommendation
D –Regulatory Impact Analysis
Action Item Attachments
Review –HR Lake Site-Specific Chlorophyll a
•HRL has history of
nutrient related issues
•Currently impaired for
chlorophyll a
•NCDP Science Advisory
Council (SAC)
•Adoption of HRL
chlorophyll a →important
step in addressing
nutrient impacts
Estimated Timeline
WQC
May 2021 EMC July 2021
Last day to file for NC
Register
August 11, 2021
Notice of Text/
Comment period
begins
September 1, 2021
Public Hearing
October 28, 2021
End of public
comment period
Nov. 15, 2021
EMC adoption
process
July 2022
RRC approval
process
August 2022
Earliest effective
date
September 1, 2022
Submit for AGO
signoff
October 2022
Submit to EPA by
November 2022
15A NCAC 02B .0211
•Revision to .0211 chlorophyll a intro paragraph and
adds .0211(4)(a)
•Site-specific HRL chlorophyll a language in
02B .0211(4)(a)
Criteria Proposed July 2021
(a) Site-specific High Rock Lake Reservoir [Index Numbers 12-(108.5), 12-(114),
12-117-(1), 12-117-(3), 12-118.5, and the uppermost portion of 12-(124.5) to
the dam of High Rock Lake] Chlorophyll a (corrected): not greater than a growing
season geometric mean of 35 ug/L in the photic zone based on samples
collected in a minimum of five different months during the growing season. For
the purpose of this Sub-Item, the growing season is April 1 through October 31
and the photic zone is represented by a composite sample taken from the water
surface down to twice the measured Secchi depth. Chlorophyll a shall not occur
in amounts that result in an adverse impact as defined in 15A NCAC 02H .1002.
Criteria proposed July 2021
12 comments received from individuals & associations
including:
•Yadkin Pee-Dee River Basis Association (YPDRBA)
•YPDRBA Water Management Group
•NC Water Quality Association
•Yadkin River Keeper
•NC Farm Bureau Federation
•HRL Clean Sweep
•Town of Wilkesboro Utility Director (YPDRBA Vice-Chair)
Public Comments
In favor of a site-specific standard for HRL to address nutrients
Concerned about differences from SAC recommendation
•Inclusion of shallow waters
•Not using a 1-in-3 year frequency
No need for additional narrative statement
Public Comments
Response to Public Comments
Frequency:
•Change frequency to "not greater than one exceedance...within
a three-year period"
Representative sampling/shallow waters:
•Only samples that can be taken down to twice the measured
Secchi depth used in calculating the geometric mean
Narrative language:
•Removed the additional narrative language –still covered
under the .0211 narrative language
Criteria proposal for July 2022
(a) Site-specific High Rock Lake Reservoir [Index Numbers 12-(108.5), 12-(114), 12-
117-(1), 12-117-(3), 12-118.5, and the uppermost portion of 12-(124.5) to the dam of
High Rock Lake] Chlorophyll a (corrected): Not greater than one exceedance of a
growing season geometric mean of 35 ug/L in the photic zone within a three-year
period. For purposes of this Sub-Item:
(i) The growing season is April 1 through October 31;
(ii) Samples shall be collected in a minimum of five different months within each
growing season with a minimum of two growing season geometric means
collected in a three-year period;
(iii) The photic zone shall be defined as the surface down to twice the Secchi
depth;
(iv) Samples shall be collected as a composite sample of the photic zone; and
(v)Samples that do not satisfy the requirements in Sub-Item (iv) of this Item shall
be excluded from the calculation of the geometric mean.
HRL Regulatory Impact Analysis
•Potential significant indirect long-term costs/benefit
impacts are possible
•Requires TMDL and Nutrient Management Strategy for
quantification
•Nutrient Management Strategy adopted via separate
rulemaking process with associated fiscal analysis
Today’s Request
Approval of the Hearing Officer's Report of
Proceedings and adoption of the Hearing
Officer's recommendation* for a site-specific
standard for chlorophyll a in High Rock Lake to
appear in 15A NCAC 02B .0211.
*HO's recommendation appears on page 12 of the Hearing Officer's Report. The rule
language also appears on slide #11 of this presentation
Questions?
Chris Ventaloro
Water Quality Standards
Coordinator
Division of Water
Resources
[e-mail]
919-707-9016