303(d) List March 9, 2016 WQC Jeff Manning, DWR

303(d) list: What and Why 303(d) list identifies waters that Do not meet water quality standards, and Require development of total maximum daily load (TMDL) or other restoration plan Federal Clean Water Act, Section 303(d) Requires states to develop list every 2 years NC General Statute 143B-282 - Requires EMC to identify impaired waters

State Role / Federal Role State determines its methods for listing State creates the 303(d) list using its methods US EPA determines whether any waters should be added to state’s proposed 303(d) list Based on State’s water quality standards Based on EPA’s policies and opinions

What are impaired waters? Impaired waters are where water quality sampling shows water quality standards are not met and the assessment methodology provides for the determination that the waterbody is indeed impaired for the particular parameter Minimum of 10 samples, 10% of samples fail standard, with 90% confidence Impaired waters are grouped into two categories: Category 4 = already have a TMDL or Restoration Strategy. Category 5 = need a TMDL or Restoration Strategy; this is 303(d) list.

Basically, it’s what we know, and what we don’t know The Methodology, the Assessment, the List Methodology: EMC approved the Listing Methodology at its May 2015 Meeting. Assessment (1, 2, 3, 4, 5 Categories + a,b,c lots of subcategories) Assessment Output Categories: 1,2 - we know these waters are not impaired 3 - we don’t know 4,5 - we are 90% confident that these waters are impaired 4-have been addressed, something is in place for it (e.g. Falls, Lake) 5-need to be addressed, “the 303(d) list” - The List: 303(d) List are Category 5 waters only

EMC 303(d) Listing Methodology 6 different general methods for water quality standards assessment: 10 % exceedance method with 90% statistical confidence, used for most numeric water quality standards. Where applicable, biological rating will be also considered for assessment of metals. Biological rating method used to assess benthic and fish community collections. Pathogen criteria method to assess recreation standards. Swimming advisory method to assess waters with postings. Shellfish growing area assessment method to assess waters classified for as “SA” (Shellfish). Fish advice and advisories with fish tissue data method to assess fish consumption.

What else do we look at? ~88 Parameters examined, ~18 resulted in listings Draft 2016 303(d) Listings Parameters (18) Standard Related Use Applicability # of 303(d) Assessments Arsenic 10 μg/l Human Health all NC waters 2 Chlorophyll a 40 μg/l Aquatic Life 28 Copper 3 μg/l Saltwaters 7 μg/l Freshwaters 19 Benthos Nar 263 Mercury 0.012 μg/l Fish Consumption Dissolved Oxygen 4 mg/l 31 5 mg/l 8 5 mg/l daily avg 1 pH 6 su 14 6.8 su 6 4.3 su 9 su 8.5 su 3 Nickel 8.3 μg/l NO2+NO3-N 10 mg/l Water Supply Fecal Coliform GM 200/400 Recreation 53 Turbidity 50 NTU 18 25 NTU Lake, Estuary 15 10 NTU Trout waters 7 Zinc 50 μg/l 11 Enterrococcus GM 35 Hardness 100 mg/L Dioxin Fish Tissue Advisory Advisory PCB Fish Tissue Advisory 38 Shellfish Growing Area Status Fecal Shellfish Harvesting SA Waters 579 Fish Community 76 TOTAL LISTINGS:   1,236 EMC July 2014

Draft 2016 List – Most Common Listings Most common Problem Parameters & Uses Affected: High Copper Low Dissolved Oxygen High Turbidity Low pH High Chlorophyll a High Fecal Coliform Bacteria Closed Shellfishing Areas Fish Advisories Biology Negatively Affected (Benthic & Fish Communities)

~100 Waters REMOVED, ~33 ADDED to List 2014 vs. 2016 Assessment ~100 Waters REMOVED, ~33 ADDED to List 2014 Category 5 assessments= 1245 parameters in 1109 waterbody areas (AUs). 2016 Category 5 assessments=1234 parameters in 1133 waterbody areas (AUs).

Opportunities for Public Input on 303(d) list Public input on Listing Methodology. EMC approved the methods in May 2015. Data can be provided by any entity following protocols. 30 day public comment period on list results. List is finalized and provided to EPA. EPA seeks public comment before making the list final if making additions.

Timeline of 2016 303(d) List Process DONE: 5 year Monitoring 2010-2014 DONE: Data compilation & preparation DONE: Assessment using EMC’s Methods & Standards DONE: Fact Sheets for each water on “the list” DURING MARCH: Public review and comment: March 2016 DURING MARCH: Respond, provide info, adjustments NEXT: Submit list for EPA approval April 2016

More Info on 303(d) List http://deq.nc.gov/about/divisions/water-resources/planning/classification-standards/303d/303d-files Website Historical information on current & prior lists Comments and responses Maps Methods and instructions

Thank you. http://deq. nc Department of Environmental Quality