1. Water Quality Committee – March 8, 2017
Update on Water Quality Program Rules in 15A NCAC 02B, 02H, 02T, and 02U
Jeff Manning

2. DWR

3. Update A number of rules are under review:
Rules 15A NCAC 02B, 02H, 02T, 02U
The “water quality program” rules (~375 rules)
HB74 review completed in Dec 2014 – determined the need to readopt the rules.
Stakeholder input in 2015 (see next slide).
DEQ review in 2016.
WQC - March 2017 as information item.
All rule drafts posted online in April 2017.
WQC - May 2017 as action item on some
(02T, 02U, and 02H .0800)
After WQC approves draft language, then we proceed with regulatory impact analysis, fiscal note.
Then, EMC approves drafts (as early as July).

4. Session Law 2013-213 (HB 74) Rule Review done
Results of HB74 Review:
Administrative Code
Subchapter Title
Final determination
15A NCAC 02B
Surface Water and Wetland Standards
Necessary with substantive public interest
15A NCAC 02H
Procedures for Permits: Approvals
15A NCAC 02T
Waste Not Discharged to Surface Waters
15A NCAC 02U
Reclaimed Water

5. Stakeholder meetings in 2015
Date
Time
Rules Covered
March 24
Morning
2B 0100, 0200, 0300 Standards & Classification Rules
Afternoon
2H 1100 Biological Cert Rule;
2H 0800 Lab Cert Rules;
April 7
2H 0400, 0500; 2H 100, 400, 900, 1200 WW npdes rules
2T 1300, 1400
Animal rules
April 21
 2U
Reclaimed water; and
2T WW rules
2T residuals rules
(1100, 1200, 1500, 1600)
May 5
2B, 2H water supply watershed program
2B Buffer Rules
Continue 2B Buffer Rules
2H 0500, wetlands
May 19
2B NSW Strategy Rules
Trading & Nutrient Offset,
Tar-Pam Non-Association
Dischargers & BMP Rate,
Definitions,
Fertilizer Management,
Goals
2B NSW Strategy Rules:
New Development
Existing Development State/Federal Stormwater, Agriculture

6. Subchapter 02B- Surface Water and Wetland Standards
Section Procedures For Assignment Of Water Quality Standards
Section Classifications And Water Quality Standards Applicable To Surface Waters And Wetlands Of North Carolina
Section Assignment Of Stream Classifications (.0311 amendment pending leg. Review)
Section Effluent Limitations
Section Surface Water Monitoring: Reporting
Section Water Quality Management Plans (Moving some rules from .0200)
Section Nutrient Management Strategies (Moving some rules from to this new section)

7. Summary of Key Revisions 02B
Summary of Key Revisions 02B Buffer Rules (Water Supply, Catawba, Goose Creek, Neuse, Tar-Pam, Randleman)
All Buffer Rules
Overhauled rules for consistency
Revised diffuse flow requirement & include options for stormwater
Incorporated applicable session laws, clarification memos and EMC interpretative ruling
Modified variance hardships and procedure for major variance
Water Supply
Move from 2B Standards to 2B – organizational.
Updates to match new stormwater rules
Adds definitions for clarity
Changes include more flexibility
Neuse, Tar-Pam, Randleman
Consolidated into one rule:
Definitions
Forestry
Approvals (buffer authorizations and variances)
Added provisions for single family residences on existing lots
Zone 2 impacts – allowable (per SL’s)
Zone 1 impacts – allowable with mitigation

8. Summary of Key Revisions. 02B
Summary of Key Revisions .02B Nutrient Strategy Rules (Neuse, Tar-Pam, Randleman, Falls, Jordan)
New Development Stormwater
Added named communities - Neuse & Tar-pam
Added one BMP minimum - Neuse & Tar-Pam
Added regional BMP option
Updated redevelopment requirements per SL
Nutrient Offset
Reset the funding requirement to the life (duration) of practice (removes an arbitrary 30-year operation funding requirement)
Agriculture Rules
Updated rule dates – Neuse & Tar-Pam
Added practice standard requirements for Ag BMPs

9. SL 2016-94 – “2016 Appropriations Act”
The Falls (.0275 through .0282) and Jordan Rules (.0262 through .0273) are on their own readoption timeline per Session law and will not be on the same schedule as the other 2B rules. 
Please note that the Cape Fear and Neuse Classification Rules and are also specifically named in the Falls / Jordan Session Law and will also follow the timeline for the Falls and Jordan readoption per the Session Law.

10. In 2B: Neuse, Tar-Pam, Randleman Rules These are ready to go forward (not affected by SL ) -some move, -some repealed
Neuse
.0232     Goals Rule .0233     Buffer Protection      Wastewater .0235     New Development .0236     Ag Goals (repeal) .0238     Agriculture
.0239     Nutrient Management (repeal)
.0240     Nutrient Offset
.0241     Buffer Delegation
Tar-Pam
.0229     Non-Association      BMP Rate (repeal) .0255     Ag Goals (repeal) .0256     Agriculture .0257     Nutrient Management (repeal)
.0258     New Development
.0259     Buffer Protection
.0261     Buffer Delegation
Randleman Lake
.0248 Purpose and Scope
.0249 Wastewater
.0250 Buffer Protection
.0251 Stormwater
Nutrient Offset
.0240     Goals Rule New Rules Definitions Tar-Pam Purpose and Scope

11. Subchapter 02H- Procedures For Permits: Approvals
Section Point Source Discharges To The Surface Waters
Section Coastal Waste Treatment Disposal
Section Water Quality Certification
Section Laboratory Certification
Section Local Pretreatment Programs
Section Stormwater Management (Completed)
Section Biological Laboratory Certification
Section Special Orders
Section Discharges To Isolated Wetlands And Isolated Waters

12. Summary of Key Revisions 02H. 0500 Water Quality Certification and 02H
Summary of Key Revisions 02H.0500 Water Quality Certification and 02H.1300 Isolated Wetland Rules
Both (2H .0500) 401 WQC and (2H .1300) IWP Rules
Updated and reorganized
Removed paper mailing list (will use listserv)
Updated mitigation language
Reference federal definitions
Codify trigger for stream impacts
Remove unused ratios
Remove requirement for 1:1 restoration or creation
Isolated Wetland Rules (02H .1300)
Incorporated changes required in SL and SL

13. Summary of Key Revisions 02H .0800 Laboratory Certification
List of Certifiable Parameters
Appended the list to include 24 additional parameters
Added 7 additional parameters to the Field Parameter definition
Quality Control (QC) Requirements
Making improvements and Adding clarity to the requirements
Codifying electronic data storage requirements
Changes to the Fee Schedules
Will increase fees, supported by fee payers, program provides support to labs
Miscellaneous Changes
Expands allowable supervisor credentials for Field Labs
Definitions added for clarity

14. Subchapter 02T - Waste Not Discharged To Surface Waters
Section General Requirements
Section Wastewater Pump and Haul Systems
Section Sewer Extensions
Section System-Wide Collection System Permitting
Section Wastewater Irrigation Systems
Section Single-Family Residence Wastewater Irrigation Systems
Section High Rate Infiltration Systems
Section Other Non-Discharge Wastewater Systems
Section Closed–Loop Recycle Systems
Section Residuals Management
Section Coal Combustion Products Management
Section Animal Waste Management Systems
Section Manure Hauler Operations
Section Soil Remediation (DWM)
Section Groundwater Remediation Systems (future incorporation into 02C rules)

15. Summary of Key Revisions .02T .1300 Animal Waste Management Systems
02T – Modifies definition of New Animal Waste Management System to comply with Session Law and
Requires cattle facilities that have had permits rescinded but then increase above permitting threshold to be considered a new operation.
Changes the definition of “New” from abandoned/unused for 4 years or more to being abandoned/unused for 5-10 years (unless certain conditions are met) or for more than 10 years.
02T .1304/.1305 – Include long standing fundamental permit language. Include existing setbacks from NRCS Standards (no new effects).
02T – Adds specific language to allow cattle facilities to have permit rescinded prior to closure of waste treatment and storage structures.  This modification was made to comply with House Bill 74 (Session Law ).
02T – The rule was added for Distribution of Animal Waste Residuals.  When the 02T rules were implemented, this practice was inadvertently omitted in the rules.  This addition is to correct that omission.

16. Summary of Key Revisions .02T .1400 Manure Hauler Operations
02T Repeal rules requiring the submission of annual reporting and add the recordkeeping requirements to 02T
Eliminates unnecessary reporting submittals/records are still maintained.
The records verify proper waste application.

17. Subchapter 02U - Reclaimed Water
Section General Requirements
Section Application Requirements
Section Effluent Standards
Section Design Standards
Section General Utilization Requirements
Section Bulk Distribution of Reclaimed Water
Section Setbacks
Section Operational Plans
Section Local Program Approval
Section Wetlands Augmentation
Section Irrigation to Food Chain Crops

18. Coming in April 2017 – rules website
Display all 4 (2B, 2H, 2T, 2U) subchapter drafts.
Show changes as strikethrough/underline.
All changes will include comment boxes, explain proposed edits & expected effects.
Will show path through WQC, EMC, Hearing, RRC
Location:
Will hold Information Sessions for Stakeholders:
April 19th & 26th, :30am-12:30pm. GFCR

19. Summary - Next Steps for 2B, 2H , 2T, 2U – Water Quality Program Rules
15A NCAC 02B, 02H, 02T, 02U - All drafts to be posted online & info sessions in April
The “water quality program” rules (~375 rules)
MAY 10, 2017, bring draft rules to WQC
02T (non-discharge), 02U (reclaimed water) and 02H (lab certification).
Following WQC approval of the language, proceed with regulatory impact analysis, fiscal note.
Proceed to EMC for approval of drafts for hearings/FN if required.
Public Hearings, followed by Hearing Officer recommendations to EMC (rule adoption).

20. Summary & Next Steps for 2B, 2H , 2T, 2U – Water Quality Program Rules
On SEP 13, 2017, bring the 02B (standards and discharge)(but not Jordan/Falls) and remaining 02H to WQC
Following WQC approval of the language, will proceed with regulatory impact analysis, fiscal note.
Proceed to EMC for approval of drafts for hearings.
Public Hearings, followed by Hearing Officer Recommendations for EMC (rule adoptions).

21. More Rules Reviews Session Law 2013-213 (HB 74) Update
Rules under 02A, 02C, and 02E just completed the “initial determination” review – determined need to readopt.
Will begin readoptions in 2017
2A-(EMC organization)
2C-(Well Construction Standards) (will inc 2T gw re)
2E-(Water Use Registration and Allocation)
Initiate HB 74 review of the 02L (groundwater standards, risk-based UST/AST rules, ) rules begins in May 2017 at GWWMC
Modifications/adoptions of ground water standards will be aligned as closely as possible to this review (including IMACs)

22. 2B, 2H, 2T, 2U Summary Schedule Action / Request Date
WQC – update (today)
March 8, 2017
WQC action on drafts 2T, 2U, & 2H only
May 10, 2017
EMC approves drafts 2T, 2U for hearing (no fiscal note expected)
(Maybe 2H with FN)
July 13, 2017
WQC action on drafts 2B, 2H (except Jordan/Falls)
September 10, 2017
EMC approves drafts 2H and fiscal note for hearing
September 11, 2017
(maybe July?)
Department of Environmental Quality