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Environmental Management Commission – March 8, 2018

Request Approval to Proceed to Public Notice and Hearing with Proposed Rule Re-adoptions and Amendments to Water Quality Permitting Rules  . Environmental Management Commission – March 8, 2018 Karen Higgins, Mike Templeton, Deborah Gore, DWR. Rules – 02B and 02H. Rulemaking – History.

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Environmental Management Commission – March 8, 2018

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  1. Request Approval to Proceed to Public Notice and Hearing with Proposed Rule Re-adoptions and Amendments to Water Quality Permitting Rules   Environmental Management Commission – March 8, 2018 Karen Higgins, Mike Templeton, Deborah Gore, DWR

  2. Rules – 02B and 02H

  3. Rulemaking – History

  4. Rulemaking Schedule * some rules are tied to session laws that require NCGA review

  5. Rule drafts • Rule text shown as strikethrough/underline • Comment boxes with explanation of changes • Rule drafts located online: https://deq.nc.gov/about/divisions/water-resources/water-resources-regulations-guidance/dwr-classifications-standards/rule-readoption-process • Regulatory Impact Analyses • Prepared for each section (or subsection)

  6. Changes between WQC and EMC • Buffer Rules (02B) • Added exemption for agricultural roads • .0607, .0614, .0714, .0724, .0734 • Instead of repeating language from G.S. 143-214.23A in rules, changed to reference statute • re LG delegations (SL2015-246) • .0607, .0614, .0715, .0724, .0735 • Removed accidental deletion of language in Catawba re LG delegation (for existing delegations) • .0614 • Updated wording in comments

  7. Today’s Request: • EMC Approval of Water Quality Permitting rules and associated regulatory impact analyses to proceed to notice and hearing

  8. Optional Slides

  9. Summary of Key Revisions

  10. Point Source Permitting Rules • Technical Revisions • Updated organizational names and addresses • Updated rule and statute citations • Corrected typographical errors, punctuation • Cited websites as sources of reference materials • Made minor edits to clarify or update selected rule language • Updated rules per current statutes, session law • Provided for use of electronic submittals, notices, once allowed • Incorporated necessary federal regulations by reference

  11. Summary of Key Revisions02B .0400 – Effluent Limitations • Updated definitions (02B .0403) • Updated requirement for staff to develop water quality-based limits (02B .0404) • Moved restrictions on discharges to SA waters and Atlantic Ocean from 02H .0404 (02B .0404) • Revised incorporation of federal treatment standards to include “subsequent amendments” (02B .0406) • Added new rule to incorporate necessary federal regulations by reference (02B .0408)

  12. Summary of Key Revisions02B .0500 – Surface Water Monitoring: Reporting • Clarified requirements for ‘sufficiently sensitive methods’ for analyses (02B .0505) • Updated to include federal requirements for electronic reporting (02B .0506) • Added new rule to incorporate other necessary federal regulations by reference (02B .0511, same as 02B .0408)

  13. Summary of Key Revisions02H .0100 – Point Source Discharges To The Surface Waters • Updated application requirements – forms, fees, alternatives analyses, SEPA (02H .0105) • Clarified language regarding site entry (02H .0107) and protection of confidential information (02H .0115) • Provided for electronic submittal of permit applications (02H .0105) and design documents for ATC permits (02H .0138); and electronic distribution of documents and posting of public notices (02H .0109), when lawful • Added new rule to incorporate necessary federal regulations by reference (02H .0143, same as 02B .0408 & 02B .0511)

  14. Summary of Key Revisions02H .0400 – Coastal Waste Treatment Disposal • Section repealed: • Wastewater treatment design requirements are now established in Subchapters 02T and 02U • Restrictions on discharge to Class SA (shellfish nursery) waters (02H .0404(a)) and Atlantic Ocean (02H .0404(d)) are to be moved to 02B .0404 • Remaining rules are out of date or otherwise not useful • Makes discretionary the requirement that an evaluation of operations and low-cost improvements be prepared by an independent consultant (02H .1206) 02H .1200 – Special Orders

  15. Summary of Key Revisions02H .0900 – Local Pretreatment Programs • Technical Revisions • Updates organizational names and addresses • Refers to website addresses as sources of reference materials • Edits rule text for clarification • Updated definitions to more closely reflect federal regulations • Substantive Revisions • 02H .0917 – Pretreatment Permit Submission And Review • Revised to required the control authority to transmit copies of industrial user pretreatment permit 30 days in advance of the effective date

  16. Summary of Key Revisions02H .0500 Water Quality Certification and 02H .1300 Isolated Wetland Rules • 02H .0500 (401 WQC) and 02H .1300 (Isolated) • Updated and reorganized • Removed paper mailing list (email listserv) and newspaper for public notices • Updated mitigation language • Reference federal definitions • Codify trigger for stream impacts (per SLs) • Remove unused ratios • Remove requirement for 1:1 restoration or creation; instead limit preservation • Isolated Wetland Rules (02H .1300) Only • Incorporated changes required in SL 2014-120 and SL 2015-286

  17. Summary of Key Revisions02B .0600 Goose Creek and 02B .0720 Randleman Lake Goose Creek Watershed • Corrections and updated citations • Stormwater: Update rule references for consistency with 02H Stormwater rules Randleman Lake Watershed • Corrections, clarifications and updated citations • Moved to 02B .0720 section • Stormwater: • Reorganized for clarity and consistency with WSW rules • Update rule references for consistency with 02H Stormwater rules • Strike language that is repetitive of WSW, buffer rules, statute

  18. Summary of Key Revisions02B .0600 & .0700 Buffer Rules (Goose Creek, Catawba, Neuse, Tar-Pam, Randleman) • Overhauled rules for consistency and moved to new sections • Incorporated SLs, clarification memos and EMC Interpretive Ruling • Definitions, forestry and approvals consolidated into 1 rule each • New Category of Use – Allowable with Exception • Modified hardships and procedures • Removed “diffuse flow” requirement  instead, options for SW • Neuse, Tar-Pam, Randleman: added provisions for single family residences on existing lots • Zone 2 impacts – allowable (per SL’s) • Zone 1 impacts – allowable with mitigation • Impacts beyond necessary infrastructure – allowable with mitigation

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