November 8, 2018 Agenda
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
512 N. Salisbury Street
Archdale Building - Ground Floor Hearing Room
Raleigh, North Carolina
November 8, 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. Presentation to EMC Chairman
3. Approval of minutes from Special Called Commission meeting on August 15, 2018 (attached)
II. Action Items
1. 18-57 Request Approval of Hearing Officer's Report, Regulatory Impact Analysis, and Adoption of Amendments to Septage Management Rules 15A NCAC 13B .0830-0846
(DWM) Jessica Montie
Attachment A - Rule Text 13B .0830 - .0846
Attachment B - Regulatory Impact Analysis 13B .0830 - .0846
Attachment C - Hearing Officer’s Report 13B .0830 - .0846
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(THIS ITEM HAS BEEN CHANGED TO AN INFORMATION ITEM ON THE AGENDA) POWERPOINT PRESENTATION Attachment A - Rule Text 13B .2001 - .2018 |
3. 18-59 Request Approval of Proposed Rule Revisions, Regulatory Impact Analysis, and to Proceed to Public Hearing on Periodic Rule Readoption of 15A NCAC 02L Section .0400 “Risk-Based Assessment and Corrective Action for Petroleum Underground Storage Tanks” and Section .0500 “Risk-Based Assessment and Corrective Action for Petroleum Releases from Aboveground Storage Tanks and Sources.”
(DWM) Jared Edwards
Attachment A - 15A NCAC 02L Section .0400 Rule Text
Attachment B - 15A NCAC 02L Section .0500 Rule Text
Attachment C - 15A NCAC 02L Section .0400 & .0500 RIA
4. 18-60 Request Approval of Proposed Rule Revisions, Regulatory Impact Analysis and to Proceed to Public Hearing on Periodic Rule Readoption of Group 4 Rules - 15A NCAC 02D .0540, .1800-.1808, .1900-.1907 (546)
(DAQ) Joelle Burleson
Attachment A – Group 4 Rules
Attachment B – Regulatory Impact Analysis
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(THIS ITEM HAS BEEN REMOVED FROM THE AGENDA) POWERPOINT PRESENTATION (Michael Abraczinskas/Michael Pjetraj/Dr. Sandy Mort) POWERPOINT PRESENTATION (Patrick Knowlson) Attachment A – Temporary Rule 15A NCAC 02D .0546 |
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(THIS ITEM HAS BEEN REMOVED FROM THE AGENDA) POWERPOINT PRESENTATION Attachment A – (TBD) |
7. 18-63 Request Approval of the Final Determinations for Submission to the Rules Review Commission for the Periodic Review of Existing Rules Reports for 15A NCAC 02G
(DWR) Linwood Peele
Attachment A – 15A NCAC 02G 071118
Attachment B – 15A NCAC 02G Comments Response Document
8. 18-64 Request Approval of the Proposed Reclassification of Enka Lake in Buncombe County (French Broad River Basin) to Class B
(DWR) Corey Basinger
Attachment A – ROP for Proposed B Reclassification of Enka Lake
9. 18-65 Request to Proceed to Public Notice and Hearings with Re-adoptions and Proposed Amendments for Laboratory Certification Rules 15A NCAC 02H .0800 and Fiscal Note and for Biological Certification Rules 15A NCAC 02H .1100 and Regulatory Impact Analysis
(DWR) Dana Satterwhite & Cindy Moore
POWERPOINT PRESENTATION (Dana Satterwhite)
Attachment A - Laboratory Certification Rules Revision - 15A NCAC 02H .0800 Draft Rules
Attachment B - Fiscal Note for Laboratory Certification Rules - 15A NCAC 02H .0800 Fiscal Note
POWERPOINT PRESENTATION (Cindy Moore)
Attachment C- Biological Certification Rules Revision - 15A NCAC 02H .1100 Draft Rules
Attachment D - RIA for Biological Certification Rules - 15A NCAC 02H .1100 RIA
10. 18-66 Commission Review of Reports Prepared by the Department of Environmental Quality, per Session Law 2017-211
(EMC Chairman) J. D. Solomon
Attachment A – (Draft) 2018 Annual ERC Basin Management Planning Report (new information noted in orange)
Attachment B – 2017 RiverNet Monitoring Report
Attachment C – NPDES Compliance Enforcement FY2018
Attachment D – Buffer Study SL2017-10
Attachment E – Conservation Grant Fund Annual Report 2017-2018
Attachment F - DWM Annual Report to NC General Assembly December 2017
11. 18-67 Request Approval to Send the 2018 Annual Report on Basinwide Water Management Planning by the Department of Environmental Quality and the Environmental Management Commission to the Environmental Review Commission (ERC)
(DWR) Nora Deamer
Attachment A – (Draft) 2018 Annual ERC Basin Management Planning Report (new information noted in orange)
12. 18-68 Request Waiver of 30-day Rule and Approval to Proceed to Public Notice for Public Comments on the Repeal of 15A NCAC 02T .1600 Groundwater Remediation Systems
(DWR) Debra Watts
Attachment A - 15A NCAC 02T .1600 Edit Format
Attachment B - 15A NCAC 02T .1601 - .1602
Attachment C - 15A NCAC 02T .1604 - .1608
13. 18-69 Request Approval of Hearing Officer's Report, Regulatory Impact Analysis and Adoption of Dam Safety CCR Rule 15A NCAC 2K .0224
(DEMLR) Andrew Brooks
Attachment A - CCR Rule 15A NCAC 2K .0224
Attachment B - Hearing Officer's Report
Attachment C - Regulatory Impact Analysis
14. 18-70 2018 303(d) List and Integrated Report - Update / Next Steps
(DWR) Pam Behm
Attachment A - Draft 2018 303(d) list
Attachment B - Draft 2018 Delistings
Attachment C - Draft 2018 New 303(d) Listings
III. Information Items
1. 18-07 Annual Reports on Agricultural Progress: Neuse, Tar-Pamlico and Jordan Watersheds
(DWR) Patrick Beggs
Attachment A – Neuse CY2017 Annual Agricultural Report
Attachment B – Tar-Pamlico CY2017 Annual Agricultural Report
Attachment C – Jordan Lake CY2017 Annual Agricultural Report
2. 18-08 Catawba Nutrient Study Report
(DWR) Brian Wrenn
Attachment A - Catawba River Basin Nutrient Study
| (This item has been moved to an action item on this agenda) 3. 18-09 2018 303(d) List and Integrated Report - Update/Next Steps (DWR) Pam Behm |
4. 18-10 Update on CCR Management Rules 15A NCAC 13B .2001-2018
(DWM) Ellen Lorscheider
IV. Concluding Remarks
By Directors (Directors' Comments)
By Committee Chairs
By Commission Members
By Counsel
By Chairman
Adjournment 11-08-18