1 / 8

Petition for Rulemaking to Repeal the Swamp Supplemental Classification

This petition calls for the repeal of the Swamp classification for a portion of the Lower Cape Fear River. The petition argues that this classification affects management strategies and existing programs and practices. The Commission's review of the petition will consider the proposed rule's impact on the river's water quality standards and classifications.

dclay
Download Presentation

Petition for Rulemaking to Repeal the Swamp Supplemental Classification

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Petition for Rulemaking to Repeal the Swamp Supplemental Classification from a Portion of the Lower Cape Fear River July 11, 2019

  2. Commission’s Review of Petition • “In its review of the proposed rule, the Commission shall consider…the effect of the proposed rule on existing rules, programs, and practices…” • Removal of Swamp designation from a portion of the Lower Cape Fear River would affect management strategy in 15A NCAC 02B .0227

  3. Commission’s Review of Petition 15A NCAC 02B .0311 (t) The Schedule of Classifications and Water Quality Standards for the Cape Fear River Basin was amended effective June 30, 2017 with the reclassification of a section of 18-(71) from upstream mouth of Toomers Creek to a line across the river between Lilliput Creek and Snows Cut from Class SC to Class SC Sw. A site-specific management strategy is outlined in 15A NCAC 02B .0227.

  4. Commission’s Review of Petition 15A NCAC 02B .0227 (2) A part of the Cape Fear River (Cape Fear River Basin) comprised of a section of Index No.18-(71) from upstream mouth of Toomers Creek to a line across the river between Lilliput Creek and Snows Cut shall be protected by the Class SC Sw standards as well as the following site-specific action: All new individual NPDES wastewater discharges and expansions of existing individual NPDES wastewater discharges shall be required to provide treatment for oxygen consuming wastes as described in Parts (A) through (C) of this Subparagraph. (A) Effluent limitations shall be as follows: BOD5 = 5 mg/l, NH3-N = 1 mg/l and DO = 6 mg/l, or utilize site-specific best available technology on a case-by-case basis for industrial discharges in accordance with Rule .0406 (e) of this Subchapter. (B) Seasonal effluent limits for oxygen consuming wastes shall be considered in accordance with Rule .0404 of this Subchapter. (C) Any new or expanded permitted pollutant discharge of oxygen consuming waste shall not cause the dissolved oxygen of the receiving water to drop more than 0.1 mg/l below the modeled in-stream dissolved oxygen at total permitted capacity for all discharges.

  5. Options and Associated Steps • (1) If deny petition, then send petitioner a written denial including reason/s for denial • (2) If grant petition, then “initiate rulemaking” and send petitioner a written notification of decision • One option for EMC to consider for “initiate rulemaking” is removal of EPA disapproved Sw designation in 15A NCA 02B .0311 and removal of EPA disapproved portion of management strategy in 15A NCAC 02B .0227

  6. Additional Slides if Needed

  7. Rulemaking Milestones • March 2014 Lower Cape Fear Program submitted Sw request • July 2014 WQC approved request & proposed rules to go to EMC • September 2014 Fiscal Analysis (FA) completed • November 2014 EMC approved FA & proposal for public notice • January 2015 Public notice appeared in NC Register (NCR) • February 2015 Public hearing held • March 2015 60-day comment period closed • September 2015 EMC approved proposed rules • October 2015 RRC recommended changes to 2B .0227 • November 2015 EMC approved revised 2B .0227 for public notice • December 2015 Public notice for revised 2B .0227 appeared in NCR • February 2016 60-day comment period closed • May 2016 EMC approved revised 2B .0227 with modifications • June 2016 RRC approved revised 2B .0227 with modifications • July 2016 RRC approved proposed 2B .0311 • 2017 Leg. Session Bill introduced but not passed for proposed rules • June 2017 Amendments to 2B .0227 and .0311 effective in NCAC • April 2018 Package requesting approval of rules submitted to EPA • July 2018 EPA provided full and partial disapproval of amendments to 2B .0311 and 2B .0227, respectively

More Related