ENVIRONMENTAL MANAGEMENT COMMISSION

WATER QUALITY COMMITTEE MEETING SUMMARY

January 11, 2017

Archdale Building-Ground Floor Hearing Room

BRIEF
The Water Quality Committee (WQC) of the Environmental Management Commission (EMC) at the January 11, 2017 meeting:
  • approved the draft summary of the November 9, 2016 WQC meeting.
  • approved to proceed to the EMC to request approval to take revisions in 15A NCAC 02B .0211 and .0220 to Public Hearing for the purpose of the Triennial Review.
  • approved to proceed to the EMC to request approval of the exceptions from “Green Area” requirements in 15A NCAC 02H .0404(g)(7) along with permit conditions for KDHWWTP, LLC.
  • approved sending to the full EMC a draft letter from the EMC concerning the EPA’s December 15, 2016 proposal to add waters to NC’s April 1, 2016 Section 303(d) List.
  • was given on overview of the proposed changes to the rate structure provisions in 15A NCAC 02R.

WQC Members in Attendance:

Ms. Julie Wilsey, WQC Chair

Mr. John D. Solomon, WQC Vice Chair

Dr. Lawrence W. Raymond

Mr. Thomas Craven

Mr. Kevin Martin

Dr. Albert Rubin

Mr. Steve Tedder

Others Present:

Mr. William “Bill” Puette, EMC

Ms. Jennie Hauser, Attorney General Office
Jay Zimmerman, Director of Division of Water Resources

I. Preliminary Matters

None of the WQC members recused him or herself from making a decision on any of the action items on the January 11, 2017 WQC agenda.

II. Agenda Items

(This item has been changed to an information)
1. Request to Proceed to the Environmental Management Commission with Proposed Rule Amendments for15A NCAC 02R – (Action Item) (Kelly Williams, DMS)

Division of Mitigation Services (DMS) staff will request the Water Quality Committee’s (WQC) approval to proceed to the Environmental Management Commission (EMC) for public notice and hearing with draft amendments to the Subchapter 02R rules for the purpose of readoption in accordance with Session Law 2013-413 (H74). (Attachments enclosed: Subchapter 02R Rule Amendments and PowerPoint Presentation)

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

Description
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. Ms. Connie Brower, on behalf of Division of Water Resources (DWR), gave the WQC an overview of the disapproved sections of the rules and requested the WQC for 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 Statutes §150B.

Discussion
Mr. Steve Tedder noted for the WQC the issues in the state’s 02B rules that EPA currently disapproves of, namely use of appropriate hardness and Action Level policies. There was some discussion on how this matter should proceed with the new EPA and Department of Environmental Quality (DEQ) transitions underway.

Motion
Mr. Steve Tedder made a motion that this matter be postponed to a future WQC meeting. Mr. Martin second the motion. The motion passed by unanimous consent of the WQC.

3. Request Approval to Proceed to the EMC with the Exception from “Green Area” Requirements in 15A NCAC 02H .0404(g)(7)

Description
Mr. Nathaniel Thornburg, on behalf of DWR, requested the WQC to proceed to the EMC with a request from KDHWWTP, LLC for 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.

Discussion
Mr. Martinasked was the modeling analysis reviewed for coming up with loading rates for wastewater disposal systems. Mr. Thornburg said that when there is a permit modification to add additional disposal area the modeling is reviewed for the new fields and the green area. Dr. Rubin asked if there is a non-conjunctive reuse occurring at the site. Mr. Thornburg said that they use it for irrigation of the grass and flower beds in the area.
Motion
Mr. Steve Tedder made a motion to approve the proposed exception request with the proposed permit conditions. Dr. Rubin second the motion. The motion passed by unanimous consent of the WQC.

4. Consideration of Comments from the EMC to US EPA regarding EPA’s December 15, 2016 proposal to add waters to the State’s April 1, 2016 Section 303(d) List

Description
On December 15, 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 added 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: EMC Vice-Chairman Kevin Martin discussedthe matter of sending a draft letter forward to the EMC for commission approval so that the EMC’s comments could be submitted to the EPA prior to the February 12, 2017 comments deadline.

Discussion
Mr. Kevin Martin stated that February 17, 2017 is EPA’s deadline for accepting public comments on their decision to reject the EMC proposal to add 72 waterbody-pollutant combinations to NC’s 2016 303(d) List. Mr. Martin strongly encouraged the WQC and the EMC to improve the body of the [original] draft letter concerning this matter by restating completely and including all supporting materials that staff used to help the EMC come up with their decision so that it can get into the public record by the February deadline.

He further statedthat staff will request approval of the WQC and EMC to identify who at EPA to address the letter to once the EPA transition has been completed.

Motion
Mr. Tedder made a motion to approve the draft letter and forward it to the EMC. Dr. Raymond second the motion. The motion passed by unanimous consent of the WQC.

III. Information Item

1. Overview of Proposed Changes to Rate Structure for Fees in 15A NCAC 02R

Description
Mr. Michael Ellison, on behalf of Division of Mitigation Services (DMS), provided the WQC with an overview of the draft amendments to the rate structure provisions in 15A NCAC 02R.

Discussion
Mr. Tedder encouraged DMS to do a stakeholder process to assist with coming up with proposals for the .02R rules before the rules come back to the WQC.

Motion
Not Applicable

This summary was prepared by Adriene Weaver with assistance from presenters: Connie Brower, Nathaniel Thornburg, Michael Ellison, and EMC Vice-Chairman Kevin Martin.

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