1. Environmental Management Commission January 10, 2013
Request Approval to Proceed to Public Notice with
Session Law Revisions to the Jordan Lake Nutrient Strategy
and
Approval of the Fiscal Analysis
-Nutrient Strategy has been established since 2009
-Doing this process because its required by SL
-Describing (briefly) changes to the rules
Environmental Management Commission
January 10, 2013

2. Talk Outline Session Law History Rulemaking Timeline Fiscal Analysis
Session Law-based Rule Changes

3. Session Law History May 2008 – EMC Adopted Rules
2009 – Two Session Laws affecting 5 rules
August 2009 – Strategy becomes effective
2011 – Session Law affecting wastewater rule
2012 – Three Session Laws affecting 2 rules

4. Strategy Rules 15A NCAC 02B .0262 Purpose and Scope (Goals) .0263
Definitions
.0264
Agriculture
.0265
Stormwater- New Development
.0266
Stormwater- Existing Development
.0267
Buffer Protection
.0268
Buffer Mitigation
.0269
Buffer Mitigation Fees
.0270
Wastewater Discharges
.0271
Stormwater - State and Federal Entities
.0272
Fertilizer Management
.0273
Trading
Those highlighted in green have been affected by Session Laws
In total, 6 of 12 rules have been affected by SL. Currently, we are over three years into the strategy implementation. At this stage of the strategy, the buffer and fertilizer managm’t rules are fully in place. Others rules (e.g., Ag, New D, WW, Ex. D, agriculture) are advancing toward full-implementation.

5. Session Law Requirements
Amend or replace rule
Must be substantively identical to the Session Law
Rulemaking following most elements of the Administrative Procedure Act
Rules must return to the General Assembly for review
All the SLs includes a section directing the Commission to adopt amended or replacement rules. SL references APA section G.S. 150B-21.9 through G.S. 150B These section address the pre-requisites authorizing rulemaking and whether RRC can approve or object to rules.

6. Rulemaking Timeline February– March 2013 – Public comment
May 2013 ‐ EMC rule adoption
June 2013 – RRC Presentation
Spring 2014 –General Assembly review and
July 2014 – Projected effective date for rules
Rules are written with a projected implementation date of July 2014 based on their review during the 2014 short-session.
Given that the scope of the relevance public comment will be limited to input on whether we have faithfully captured the substance of the SLs, we believe it is reasonable to utilize a process that provides only for written comment.

7. Revised Fiscal Analysis
OSBM approved in August 2012
Addendum to the 2007 note
Qualitative assessment of costs
Laws imposed fiscal changes
Minor effects - Mostly delaying implementation
The Division completed a fiscal analysis for the original strategy that was approved by OSBM.
The SL requirements are effective and currently being implemented.
The rules must be substantively identical to the SL requirements and do not alter costs and benefits from those mandated by the General Assembly.

8. Rules Affected by Session Laws
Purpose and Scope (.0262 )
Exempts WS-V from meeting certain standards
New Development Stormwater (.0265)
85% TSS treatment requirement
Relaxes the on-site nitrogen treatment thresholds
Delays implementation from Aug to Aug. 2014
Purpose and Scope:
Sought by the Department to address some unintended consequences of the strategy.
Removes certain water quality standards in the WS-V Rule 02B except at industrial intakes for drinking water or where they violate standards at boundaries of WS-II, III, or IV waters.
Applies to thirty constituents and/or compounds including Sulfates, Nitrate, Chlorides, Total Dissolved solids. SL language includes pursuant to SL and SL
New Dev’t:
For dev’t that exceeds the loading rate targets, adds minimum requirement to treat 85% TSS
Increases from 4 to 6 (residential) and from 8 to 10 (Comm., Ind., Hi-Res) lbs/ac/yr the on-site N treatment thresholds. Targets are still the same (UNH is 2.2 N lb/ac/yr &  0.82 P lb/ac/yr , LNH is 4.4 N lb/ac/yr &  0.78 P lb/ac/yr, and Haw is 3.8 N lb/ac/yr & 1.43 P lb/ac/yr).
Delayed implementation of new dev’t requirements from Aug 2012 to Aug 2014.
New Development Programs were approved by the Commission in May or Sept. of 2012.

9. Rules Affected by Session Laws
Local Gov’t Existing Development Stormwater (.0266)
Triggers for implementing Stage 2 stormwater programs
Stage 2 load reduction goals of 8% N and 5% P
Contingency for 35% N reduction in the Upper New Hope
State/Federal Stormwater Dev’t (.0271)
Triggers for Stage 2 Programs (same as .0266)
Gives NCDOT a 3 BMP/yr compliance option for existing dev’t
Existing Dev’t:
New rule includes the following adaptive management elements to the strategy to treat existing dev’t:
Stage 1 Stormwater program requirements. (Currently being implemented)
Lake monitoring program administered by the Division.
Triggers for implementing Stage 2 stormwater requirements if lake monitoring shows that nutrient related water quality standards are not being achieved.
Stage 2 implementation process and existing development load reduction goals of 8% and 5%.
Stage 2 load reduction amounts to be set by Department through use of a watershed model. The Division is developing a Model Stage 2 adaptive management program that will be completed no later than July 1, That work includes input from a Nutrient Scientific Advisory Board as required in Section 4.(a) of the same SL.
Requirements for plans to meet N reduction measures of 35% N for communities in the Upper New Hope if water quality standards in the upper lake are not achieved by 2023.
Provision allowing local governments to bypass development of a Stage 2 program by demonstrating to the Division that they have achieved their Stage 2 reductions - Allowance for local gov’ts to scale back their existing dev’t treatment if lake water quality standards have been achieved.
State/Federal:
Nutrient controls for new and existing development for both state and federal entities including NCDOT
Starting in 2014, triggers for implementing Stage 2 stormwater programs. Goals and implementation process mirror those for local governments.
Timelines for implementing the Stage 2 programs were taken from SL
Original implementation timeframe would have had existing dev’t requirements starting in late 2013.

10. Rules Affected by Session Laws
Buffer Protection (.0267)
Clarifying language prohibiting impacts to buffers
Specifies the process for approving alternative stream maps
Wastewater Discharge Rule (.0270)
Delays the N compliance from 2014 until 2016
Conditionally allows further delay to 2018
Buffer Protection:
Prohibits activities outside the buffer that impact diffuse flow into the buffer.
Adds the Geographic Information Coordinating Council into the approval process for alternative maps identifying streams subject to buffer protection.
Adds a 30-day public comment period prior to the use of alternative maps.
WW:
SL changes the nitrogen compliance date from 2014 to Subsequent SL allows a discharger an extension to 2018 if the discharger has received construction authorization to improve treatment at their facility by January 2016.

11. Request approval to proceed to public comment for:
Action Request
Request approval to proceed to public comment for:
Session Law Revisions to the Jordan Lake Nutrient Strategy
Fiscal Note Addendum

12. Questions

13. Jordan Strategy Reduction Goals
UNH 35% N
5% P
Haw 8% N
5% P
LNH 0% N
0% P