November 5 2015 Agenda
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
512 N. Salisbury Street
Archdale Building - Ground Floor Hearing Room
Raleigh, North Carolina
November 5, 2015
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.
Gerard Carroll, Chairman, Presiding
I. Preliminary Matters
1. Call to Order
2. Approval of minutes from Commission meeting on September 11, 2015 (attached).
II. Action Items
1. 15-39 Election of Vice-Chairman
(THIS ITEM HAS BEEN REMOVED FROM THE AGENDA)
2. 15-39a Request for the Waiver of 30-day Rule and Request Approval to Proceed to Hearing on Revisions to Volatile Organic Compound (VOC) Rules 15A NCAC _______, and Aproval of Regulatory Impact Analysis
(DAQ) Joelle Burleson
Attachment A – Proposed Rules
Attachment B – Regulatory Impact Analysis
3. 15-40 Request for Approval of Recommendation regarding Mercury Compliance Plans
(DAQ) Steve Schliesser
Attachment A– Assessment of Rules in Sectio 15A NCAC 02D .2511. Mercury Rules for Electric Generators
4. 15-41 Request for Approval of S.L. 2013-413 (H74) Periodic Review of Rules Report for 15A NCAC Subchapters 02D and 02Q for Submission to Rules Review Commission
(DAQ) Joelle Burleson
Attachment A – 15A NCAC 02D Report
Attachment B – 15A NCAC 02D Comments and Response
Attachment C - 15A NCAC 02D Comment Compilation
Attachment D - 15A NCAC 02Q Report
Attachment E - 15A NCAC 02Q Comments and Response
Attachment F - 15A NCAC 02Q Comment Compilation
5. 15-42 Request for Waiver of 30-day Rule and Approval to Proceed to Public Hearing on Proposed 15A NCAC 02D .2700, Standards of Performance for Existing Electric Utility Generating Units under Clean Air Act Section 111(d), and Approval of Fiscal Note
(DAQ) Staff
Attachment A– Proposed Rules
Attachment B - Supporting Basis
6. 15-43 Request for Confirmation of Appointments for Members to the Water Pollutiion Control System Operators Certification Commission
(DWR) Steve Reid
Attachment A - WPCSOCC Resume for Dennis Baxley
Attachment B - Marchell Adams David
7. 15-44 Request for Approval of Interbasin Transfer Certificate for Kerr Regional Water System (Quasi-Judiial)
(DWR) Jessica Godreau
Attachment A – Kerr Lake IBT Hearing Officer's Report
Attachment B – Kerr Lake IBT Environmental Assessment
Attachment C - Kerr Lake IBT FONSI
Attachment D - Kerr Lake IBT Petition
8. 15-45 Request for Approval of Hearing Officer's Report and Adoption of Temporary Rules 15A NCAC 13A .0102, .0103 and .0106
(DWM) Julie Woosley/ (EMC) Dr. Albert Rubin
Attachment A – Hearing Officer's Report Temporary DSW Rules
9. 15-46 Request Approval to Proceed to Public Comment and Hearing for Permanent Rulemaking for Solid Waste Rules 15A NCAC 13A .0102, .0103 and .0106 and Approval of Fiscal Note
(DWM) Julie Woosley
Attachment A – DSW Rule Fiscal Note Final Draft
Attachment B - 15A NCAC 13A .0102
Attachment C - 15A NCAC 13A .0103
Attachment D - 15A NCAC 13A .0106
10. 15-47 Request Approval to Proceed to Public Comment and Hearing for Rulemaking for Amendments of General Rule 15A NCAC 13A .0101 (b) and (f) and Approval of Economic Impact Analysis
(DWM) Julie Woosley
Attachment A - Economic Impact Analysis for 15A NCAC 13A .0101
Attachment B - 15A NCAC 13A .0101
11. 15-48 Request Approval to Proceed to Public Comment and Hearing for Rulemaking for Hazardous Waste Management System and Electronic Manifest Rules 15A NCAC 13A .0107 and .0108 and Approval of Economic Impact Analysis
(DWM) Julie Woosley
Attachment A - Economic Impact Analysis for Electronic Manifest
Attachment B - 15A NCAC 13A .0107
Attachment C - 15A NCAC 13A .0108
12. 15-49 Request Approval to Hearing Officer's Report and Fiscal Note and Adoption of 15A NCAC 02L Section .0500 Rules for Risk-Based Assessment and Corrective Action for Non-UST Petroleum Releases
(DWM) Linda Smith
Attachment A - Hearing Officer's Report 08-26-15
13. 15-50 Request for Adoption of Modifications to Respond to RRC Staff Request for "Technical Changes" to 15A NCAC 02B .0227 Reclassification of a Portion of the Cape Fear River in New Hanover and Brunswick Counties to Class SC Sw with a Water Quality Mangement Plan
(DWR) Elizabeth Kountis
Attachment A – RRC Request for Technical Changes to 15A NCAC 02B .0227
Attachment B - 15A NCAC 02B .0227 Rev 10-7-15
Attachment C - Table of Requested Changes and DWR Revisions Revised
14. 15-51 Review and Request Approval to Proeed for Public Comment for the 2015 Coastal Habitat Protection Plan and the Source Document
(DMF) Ann Deaton
Attachment A – 2015 Coastal Habitat Protection Plan
Attachment B - 2015 Coastal habitat Protection Plan Source Document
III. Information Items
1. 15-05 Annual Progress Reports on the Neuse and Tar-Pamlico Agriculture Rules
(DWR) John Huisman
Attachment A - Final Neuse CY2014 Annual Report
Attachment B - Final Tar-Pamlico CY2014 Annual Report
IV. Concluding Remarks
By Committee Chairs
By Directors
By Commission Members
By Counsel
By Chairman
Adjournment 11-05-15