November 9, 2017 Agenda
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
512 N. Salisbury Street
Archdale Building - Ground Floor Hearing Room
Raleigh, North Carolina
November 9, 2017
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 September 14, 2017 (attached)
3. Approval of minutes from Special Call Commission meeting on October 11, 2017 (attached)
II. Action Items
1. 17-38 Request for Approval of Hearing Officer's Report on Session Law 2013-413 (H74) Readoption of Group 1 Air Quality Rules 15A NCAC 02D Sections .0100, .0200, .0300, .0400, .1300, .2000, and .2200 (537)
(DAQ) Joelle Burleson
Attachment A - Hearing Officer's Report
2. 17-39 Request for Approval of Hearing Officer's Report on the Ambient Air Quality Standards to Incorporate the 2015 Ozone National Ambient Air Quality Standards (534)
(DAQ) Joelle Burleson
Attachment A - Hearing Officer’s Report
3. 17-40 Request for Approval of Proposed Rule Revisions, Regulatory Impact Analysis, and to Proceed to Public Hearing on Session Law 2013-413 (H74) Readoption of Group 3 Air Quality Rules 15A NCAC 02D .1100, .1201-.1203, .1205-.1208, and .1211-.1212 and 02Q Section .0700 (543)
(DAQ) Joelle Burleson
Attachment A – Proposed Rule
Attachment B - Regulatory Impact Analysis
4. 17-41 Request for Approval of Proposed Rule Revisions, Regulatory Impact Analysis, and to Proceed to Public Hearing on Adoption of Final Emission Guidelines for Existing Commercial and Industrial Solid Waste Incinerators (539)
(DAQ) Sushma Masemore
POWERPOINT PRESENTATION
Attachment A - Proposed Rule
Attachment B - Regulatory Impact Analysis
5. 17-42 Request for Approval of Proposed Rule Revisions, Fiscal Note, and to Proceed to Public Hearing on Inspection/Maintenance (I/M) Rules to Incorporate Session Law 2017-10 Section 3.5 Applicability to Vehicles with Model Year within 20 Years of Current Year and for Readoption of 15A NCAC 02D Section .1000 (544)
(DAQ) Steve Hall
POWERPOINT PRESENTATION
Attachment A – Proposed Rule
Attachment B – Fiscal Note
6. 17-43 Request for Approval of The 2018-2020 Coastal Habitat Protection Implementation Action Plan
(DEQ) Jimmy Johnson
Attachment A - IP-18-20
Attachment B - Biennial IP-2018-2020
7. 17-44 Request Approval of the 2017 Annual Report to the Environmental Review Commission for Basinwide Water Quality Management Planning per GS 143-215B (d)
(DWR) Ian McMillan
Attachment A – Annual Report to General Assembly
8. 17-45 Request Approval of Hearing Officer's Report and Readoption of Permanent Rules with Amendments in 15A NCAC 02T Section .1500
(DWM) Scott Bullock
Attachment A - 15A NCAC 02T .1500 Rule Text
Attachment B - 15A NCAC 02T .1500 Fiscal Note
Attachment C - 15A NCAC 02T .1500 Hearing Officer's Report
9. 17-46 Request to Approve Proposed Changes to the Commission's Internal Operating Procedures
Attachment A - Draft of Proposed Changes of Bylaws
10. 17-47 Request by Col Francis X. De Luca USMCR (Ret), for a Declaratory Ruling directing DEQ to move the Bladen County Superior Court to void the Partial Consent Order filed in State of North Carolina, ex rel. Michael S. Regan, Secretary of DEQ v. The Chemours Company FC, LLC, 17 CVS 580
(AG) Counsel Brenda Menard
Attachment A – Petition for Declaratory Ruling (pgs A1-4)
Attachment B – 2017-11-01 Brief of DEQ (pgs B1-13)
Attachment C – Exhibit A: 2017-09-08 Partial Consent Order (pgs C1-5)
Attachment D – Exhibit B: 2017-09-07 Complaint without Exhibits (pgs D1-32)
Attachment E – Exhibit C: NPDES MOA (pgs E1-31)
Attachment F – Exhibit D: 40 C. F. R. 123.27 (pgs F1-4)
Attachment G – Exhibit E: N. C. General Statute § 1A-1, Rule 24 (pgs G1-2)
Attachment H – Exhibit F: USCS Federal Rules Civil Procedure, Rule 24 (pgs H1-2)
Attachment I – 2011-11-01 DEQ Proposed Declaratory Ruling (pgs I1-3)
III. Information Items
1. 17-16 Annual Progress Reports on the Neuse and Tar-Pamlico Agriculture Rules
(DWR) Jim Hawhee
Attachment A - 2017 Annual Progress Report ( Crop Year 2016) on the Tar-Pamlico Agricultural Rule (15A NCAC 02B .0256)
Attachment B - 2017 Annual Progress Report ( Crop Year 2016) on the Neuse Agricultural Rule (15A NCAC 02B .0238)
2. 17-17 Update on Coal Combustion Residuals Program
(DWM) Ellen Lorscheider
IV. Concluding Remarks
By Directors (Directors' Comments)
By Committee Chairs
By Commission Members
By Counsel
By Chairman
Adjournment 11-09-17