January-11-2017-wqc-agenda

Revised 1/13/2017

ENVIRONMENTAL MANAGEMENT COMMISSION

WATER QUALITY COMMITTEE MEETING AGENDA

January 11, 2017

Archdale Building-Ground Floor Hearing Room

12:30 PM – 1:30 PM

General Statute § 138A-15 mandates that the Chair inquire as to whether any member knows of any known conflict of interest or appearance of conflict with respect to matters before the Environmental Management Commission’s Water Quality Committee. If any member knows of a conflict of interest or appearance of conflict, please so state at this time.

Julie Wilsey, WQC Chair, Presiding

I. Preliminary Matters

1. Approval of November 9, 2016 Water Quality Committee Meeting Summary

II. Action Items

2. Request Approval to Proceed to the EMC with Request to Proceed to Public Hearing and Notice to Revise 15A NCAC 02B .0211 and .0220 for Triennial Review – (Action Item) (Connie Brower, DWR)

The EMC adopted revised water quality standards language in November 2014. These were codified as State regulations with an effective date of January 1, 2015. In accordance with Section 303(c) of the Clean Water Act, the State must submit changes to water quality standards, and the US EPA must approve changes to water quality standards before they are effective for purposes under the Act. The US EPA disapproved several conditions and provisions in 15A NCAC 02B .0211 and .0220. DWR Classifications and Standards/Rules Review Branch staff will give a brief overview of the disapproved sections of the rules and will request permission to proceed to the EMC for permission to proceed to public hearing and notice to align the state rules with the federal approvals and to publish the fiscal note in accordance with General Statute  §150B. (Attachments enclosed: Draft 15A NCAC 02B .0211,  Draft 15A NCAC 02B .0220, and PowerPoint Presentation)  

3. Request Approval to Proceed to the EMC with the Exception from “Green Area” Requirements in 15A NCAC 02H .0404(g)(7) – (Action Item) (Nathaniel Thornburg, DWR)

KDHWWTP, LLC has requested an exception from the “green area” requirements as specified in 15A NCAC 02H .0404(g)(7).  This rule specifies that “[w]aste disposal areas are to contain 1,000 square feet of open ‘green area’ for each residential unit served, or 2,500 square feet per thousand gallons per day of waste flow, whichever is less.”  As a condition of the exception, a “green area” of 22.61 acres is proposed that is capable of accepting the total disposal capacity, as well as more stringent effluent limitations for Total Nitrogen and Total Phosphorus to better ensure protection of the state’s water resources.  The exemption of the rule is in accordance with 15A NCAC 02H .0407, which states, “No exception from the requirements of these Regulations shall be made until such exception is approved by the Commission.” Staff will request the WQC’s approval to proceed to the EMC with the exception from the “green area” requirements in 15A NCAC 02H .0407.  (Attachments enclosed: Summary of KDHWWTP, LLC Request for Exception from “green area” requirements in 15A NCAC 02H .0404(g)(H), Exception Request, and PowerPoint Presentation)

4. Consideration of Comments from the EMC to US EPA regarding EPA’s December 8, 2016 proposal to add waters to the State’s April 1, 2016 Section 303(d) List – (Action Item) (Kevin Martin, EMC)

On December 8, 2016, EPA issued a partial approval of NC’s 2016 303(d) List submittal which NC submitted to EPA on April 1, 2016.  EPA approved listing 1231 water quality limited segments and delisting of 44 segments, but EPA also adds 72 waterbody-pollutant combinations to the State’s 303(d) List.  The State prepared the 303(d) List in accordance with the EMC-approved 303(d) Listing Methodology for identifying impaired waters (provide a link to the State’s 303(d) webpage: http://deq.nc.gov/about/divisions/water-resources/planning/classification-standards/303d/303d-files The WQC will discuss sending a draft letter forward to the EMC for submittal to the EPA. (Attachments enclosed: Draft letter, and Modernizing Water Quality Assessment document and additional attachments added January 13, 2017 include the EPA Response Letter (TriRev_EPA_DecisionDoc_2007-2015), Appendix A - Non-Substantive Editorial Revisions (TriRev_EPA_DecisionAppA_2007-2015), Appendix B - EPA Letters to NC (TriRev_EPA_DecisionAppB_2007-2015), and Appendix C - US Fish & Wildlife Services Letters to NC (TriRev_EPADecisionAppC_2007-2015))

III. Information Item

1. Overview of Proposed Changes to Rate Structure for Fees in 15A NCAC 02R – (Information Item) (Michael Ellison, DMS)

Division of Mitigation Services (DMS) will provide an overview to the Water Quality Committee's (WQC) draft amendments to the rate structure provisions in 15A NCAC 02R. There are no attachments for this item.

IV.  Closing Comments – WQC Chair, Julie Wilsey