January 11, 2018 Agenda
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
512 N. Salisbury Street
Archdale Building - Ground Floor Hearing Room
Raleigh, North Carolina
January 11, 2018
9:00 a.m.
General Statute § 138A-15 mandates that the Chairman inquires 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.
J.D. Solomon, Chairman, Presiding
I. Preliminary Matters
1. Call to Order
2. Approval of minutes from Commission meeting on November 9, 2017 (attached)
II. Action Items
1. 18-01 Request to Approve Final Amendments to the Commission’s Internal Operating Procedures
(Chairman Solomon)
Attachment A – Proposed Amendments to the Commission’s Internal Operating Procedures
2. 18-02 Request Approval of Hearing Officer's Report, Fiscal Note and Adoption of Proposed Amendments to 15A NCAC 02R Division of Mitigation Services
(DEQ/DMS) Jim Stanfill/Kelly Williams
Attachment A – Hearing Officer’s Report
Attachment B - 15A NCAC 02R Rules
3. 18-03 Request Approval of Hearing Officer's Report and Adoption of Amendments in 15A NCAC 02H .1019 (Coastal Stormwater Rule)
(DEMLR) Annette Lucas
Attachment A – Final Rule 15A NCAC 02H .1019
Attachment B – Hearing Officer’s Report Rule 15A NCAC 02H.1019
4. 18-04 Request Approval of Final Determination Reports for the Periodic Review of Existing Rules for 15A NCAC 02N, 02O, and 02P
(DWM/UST) Andria Merritt
Attachment A - 15A NCAC 02N Final Determination Report
Attachment B - 15A NCAC 02O Final Determination Report
Attachment C - 15A NCAC 02P Final Determination Report
Attachment D - Comments Received
5. 18-05 Request Approval of Final Determination Report for the Periodic Review of Existing Rules for 15A NCAC 02L
(DWR) Jeff Manning
Attachment A – 15A NCAC 02L Rule Review (Excel Sheet)
6. 18-06 Request Approval to send the Revised Environmental Management Commission and the Department of Environmental Quality Basinwide Water Management Plans 2017 Annual Report per GS 143-215B(d) to the ERC
(DWR) Ian McMillan
Attachment A – Draft Water Quality 2017 Basin Planning Status to ERC
7. 18-07 Request Approval to Proceed to Public Comment and Hearing for Amendments and Readoption of 15A NCAC 02S and Fiscal Note, and Request Approval for the 30-Day Waiver to meet Readoption Deadline
(DWM/SF) Peter Doorn
Attachment A – 02S Readoption Rule Text
Attachment B - 02S Regulatory Analysis
8. 18-08 Request Approval of Hearing Officer's Report, Fiscal Note, Amendments and Readoption of Hazardous Waste Management Rules 15A NCAC 13A
(DWM) Jenny Patterson
POWERPOINT PRESENTATION
Attachment A – Hearing Officer’s Report
Attachment B – Fiscal Note
Attachment C – Rule Text
9. 18-09 Request to Proceed to Public Hearing on Adjusted Effective Date of 15A NCAC 02D .0535 and .0545 (545)
(DAQ) Michael Pjetraj
10. 18-10 Request Approval of Hearing Officer's Report on Session Law 2013-413 (H74) Group 2 Air Quality Rules 15A NCAC 02Q Sections .0100 through .0500, .0800, and 0900 (542)
(DAQ) Joelle Burleson
Attachment A – Hearing Officer’s Report
11. 18-11 Request for Approval of Hearing Officer's Report and Adoption of Proposed Amendments to 15A NCAC 02D .1204 to Incorporate Final Emission Guidelines for Sewage Sludge Incinerators (497a)
(DAQ) Steve Hall
POWERPOINT PRESENTATION
Attachment A – Hearing Officer’s Report
12. 18-12 Coal Combustion and Emerging Contaminants Update
(DEQ) Assistant Secretary Sheila Holman
13. 18-13 House of Raeford Farms v. DENR, Division of Water Resources, in accordance with N. C. General Statute § 150B-36 (Quasi-judicial)
(AG) Counsel Phillip Reynolds
Attachments to House of Raeford Farms are listed at the following links
(Current House of Raeford Farms record of documents)
https://deq.nc.gov/about/divisions/water-resources/water-resources-commissions/environmental-management-commission-3
(Originally filed House of Raeford Farms record of documents and presented to the Environmental Management Commission meeting on September 13, 2012)
https://deq.nc.gov/house-raeford-farms-september-13-2012-emc
14. 18-14 Request for Delegated Authority concerning Fayetteville, et al. v. North Carolina Environmental Management Commission, et al. (CLOSED SESSION)
III. Concluding Remarks
By Directors (Directors' Comments)
By Committee Chairs
By Commission Members
By Counsel
By Chairman
Adjournment 01-11-18