Notice is hereby given in accordance with G.S. 150B-21.2 that the Environmental Management Commission intends to amend the rules cited as 15A NCAC 02B .0219, and .0226.
Link to agency website pursuant to G.S. 150B-19.1(c): Proposed Rules and the Periodic Review of Existing Rules
Proposed Effective Date: Nov. 1, 2025
Public Hearing: The Department of Environmental Quality (DEQ) Division of Water Resources (DWR) will hold one public hearing regarding proposed revisions to the Environmental Management Commission (EMC) Surface Water Quality Standards in 15A NCAC 02B .0200. This hearing will be held in-person at the following location:
Date: April 22, 2025
Time: 6 p.m.
Location: Ground Floor Hearing Room, Archdale Building, 512 North Salisbury Street, Raleigh, N.C. 27604
Speaker registration and sign-in will begin at 5:00 p.m. The hearing will conclude by 9:00 p.m., however the hearing officer may conclude the hearing earlier if all registered speakers have been heard. The Hearing Officer may limit the length of time for each speaker to allow everyone an opportunity to be heard. Public parking information is available online: Interactive State Parking Map.
Reason for Proposed Action: The federal Clean Water Act (CWA) requires that states adopt water quality standards to protect surface waters from the deleterious effects of pollution. Surface waters are protected based on established "uses" in the waters. Each surface water in the state receives a classification that defines the uses that apply, and the water quality standards established to protect those uses. These uses include the protection of aquatic life, recreation in and on the water, water supply, and human consumption of fish tissue.
Federal and State laws require the periodic review of North Carolina’s surface water quality standards. This review is conducted on a triennial basis and includes a review of existing water quality standards, EPA National Recommended Water Quality Criteria, and other scientific information. If necessary, revisions to the standards are subsequently proposed based on new or updated ecological, health and toxicological information.
For the 2023-2025 North Carolina Triennial Review of Surface Water Quality Standards, the proposed revisions consist of the following changes:
Recreational criteria (E. coli) in 15A NCAC 02B .0219:
- Replace the existing fecal coliform standard with a new Escherichia coli (E. coli) standard to serve as the pathogenic indicator in freshwater Primary Recreation (Class B) waters. This change is based on EPA’s 2012 Recreational Water Quality Criteria (EPA 820-F-12-058). The proposed update appears in the 15A NCAC 02B .0219 rule language that is included as part of this public notice.
Surface water quality standards variances in 15A NCAC 02B .0226:
- Include a reference to Title 40 of the Code of Federal Regulations Part 131.14 (40 CFR 131.14) in existing language in 15A NCAC 02B .0226 to improve clarity regarding the federal requirements for surface water quality standards variances. The proposed correction appears in the 15A NCAC 02B .0226 rule language that is attached as part of this press release.
Public comments will be accepted on these proposed changes and the Regulatory Impact Analysis associated with these changes. Public comments will also be accepted on water quality standard variances and other water quality standard topics not addressed by this rulemaking such as adoption of other published EPA National Recommended Water Quality Criteria. For additional information on these proposed changes and the associated Regulatory Impact Analysis, please visit the DWR Surface Water Standards webpage. In addition, view the regulatory impact analysis online: Regulatory Impact Analysis.
Comments may be submitted to: Christopher Ventaloro, DEQ-DWR Planning Section, 1611 Mail Service Center, Raleigh, NC 27699-1611; email SWTriRevComments2025@deq.nc.gov
Comment period ends: May 2, 2025
Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit a written objection to the Rules Review Commission. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive letters via U.S. Mail, private courier service, or hand delivery to 1711 New Hope Church Road, Raleigh, North Carolina, or via email to oah.rules@oah.nc.gov. If you have any further questions concerning the submission of objections to the Commission, please review 26 NCAC 05 .0110 or call a Commission staff attorney at 984-236-1850.