11/13/2014
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
512 N. Salisbury Street
Archdale Building - Ground Floor Hearing Room
Raleigh, North Carolina
November 13, 2014
9:00 a.m.
General Statute § 138A-15 mandates that the Chairman inquire as to whether any member knows of any known conflict of interest or appearance of conflict with respect to matters before the Commission. If any member knows of a conflict of interest or appearance of a conflict, please so state at this time.
Benne C. Hutson, Chairman, Presiding
I. Preliminary Matters
1. Call to Order
2. Approval of minutes from Commission meetings on: July 10, 2014
August 14, 2014
September 11, 2014
September 30, 2014
II. Action Items
1. 14-35 Request forApproval of Amendments to Stormwater Rule
15A NCAC 02H .1002
(DEMLR) Julie Ventaloro
(WAC Chairman) Tommy Craven
Attachment A – Report of Proceedings (pp A1-43)
2. 14-36 Hearing Officer’s Report on Repeal of Transportation Facilities
Permitting Rules (523)
(DAQ) Patrick Knowlson
(AQC Chairman) Charlie Carter
Attachment A – Hearing Record - Transportation Facilities (pp A1-92)
3. 14-37 Hearing Officer’s Report on Revisions to Open Burning Rules to Reflect
S.L. 2013-413 (521)
(DAQ) Joelle Burleson
(AQC Chairman) Charlie Carter
Attachment A– Hearing Record - Open Burning (pp
4. 14-38 Hearing Officer’s Report on Amendment to Revise Permit Term to
Reflect S.L. 2013-413 (522)
DAQ) Joelle Burleson
AQC Chairman) Charlie Carter
Attachment A – Hearing Record - Permit Term (pp A1-68)
5. 14-39 Hearing Officer’s Report on Temporary Amendments to Clarify
Applicability of Prevention of Significant Deterioration (PSD) Rule for
Greenhouse Gases and Title V Applicability Rule (528)
(DAQ) Patrick Knowlson
(AQC Chairman) Charlie Carter
Attachment A – Hearing Record (pp A1-66)
6. 14-40 Request to Proceed to Hearing on Revision to Ambient Standard
for Particulate Matter (PM2.5) (524)
(DAQ) Joelle Burleson
Attachment A – Rule Summary (p A1)
Attachment B – Proposed Rule (p B1)
Attachment C – Fiscal Note (pp C1-4)
7. 14-41 Request forApproval of 2014 Stormwater Annual Report to the
Environmental Review Commission
(DEMLR) Bradley Bennett
Attachment A – EMC Annual Stormwater Program Report to (pp A1-5)
the ERC
8. 14-42 Request for Adoption of the Hearing Officer’s Recommendations
on Proposed Triennial Review Amendments to the Surface
Water Rules in 15A NCAC 02B .0200
(DWR) Connie Brower
(WQC Chairman) Steve Tedder
Attachment A - Hearing Officer's Report Triennial Review (pp A1-1056)
Attachment B - Supplemental Attachment Scanned Comments (pp B1-254)
9. 14-43 Request to Proceed to Public Hearing with the Proposed
Reclassification of Cape Fear River Section in New Hanover and
Brunswick Counties from Class SC to Class SC SW with a Water
Quality Management Plan
(DWR) Elizabeth Kountis
Attachment A - Memo 9-22-14 (p A-1)
Attachment B - Map 07-01-2014 (p B-1)
Attachment C - Requestor Fact Sheet 07-02-2014 (p C-1)
Attachment D - Reclassification Request 03-05-2014 (pp D1-63)
Attachment E - Fiscal Analysis 09-04-2014 (pp E1-9)
Attachment F - 15A 02B 0227 - 09-04-2014 (p F-1)
Attachment G - 15A 02B 0311 - 06-02-2014 (pp G1-4)
10. 14-44 Request for Adoption of Hearing Officer’s Recommendations on
New Stormwater Rule and Other Water Quality Rule Amendments for
Oil and Gas Operations
(DWR) Evan Kane
Attachment A - Hearing Officer's Report Oil and Gas Rules (pp A1-112)
11. 14-45 Request for Adoption of Report of Ad Hoc Committee
Compliance Boundary and Corrective Action Pursuant to the
Coal Ash Management Act of 2014
(Ad Hoc Committee Chairman) Kevin Martin
Attachment A - Committee Draft Revisions to 15A NCAC 02L .0106 (pp A1-6)
Attachment B - Option 2 Draft Revisions to 15A NCAC 02L .0106 (pp B1-7)
Attachment C - Option 3 Draft Revisions to 15A NCAC 02L .0106 (PP c1-7)
Attachment D - Final Report on the EMC Review of Corrective
Action and Compliance Boundary Rules (pp D1-14)
III. Information Items
1. 14-11 Annual Reports on Neuse and Tar-Pamlico Agriculture Rules
(DWR) John Huisman
Attachment A - Final 2014 Neuse CY2013 Annual Report (pp A1-14)
Attachment B - Final 2014 Tar-Pam CY2013 Annual Report (pp B1-15)
2. 14-12 Letter Regarding EPA's Partial Disapproval of 303(d) List of
Impaired Waters
(Commission Chairman) Benne Hutson
Attachment A- Letter to EPA (p A1)
3. 14-13 Establishment of Ad Hoc Committee on Beneficial Reuse of
Coal Ash Pursuant to the Coal Ash Management Act of 2014
(Ad Hoc Committee Chairman) Dr. Robert Rubin
4. 14-14 Closed Session pursuant to N.C.G.S. § 143-318.11(a)(3) to Consult
with Counsel regarding 373A14, Cape Fear River Watch v. NCEMC
and Duke Energy Carolinas filed in the NC Supreme Court
IV. Concluding Remarks
By Committee Chairs
By Directors
By Commission Members
By Counsel
By Chairman
Adjournment 11-13-14