NC Department of Environment and Natural Resources
Environmental Management Commission - November 8, 2012
Environmental Management Commission
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NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 512 N. Salisbury Street Archdale Building - Ground Floor Hearing Room Raleigh, North Carolina November 8, 2012 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. Stephen T. Smith, Chairman, Presiding I. Preliminary Matters 1. Call to Order 2. Approval of minutes from October 11, 2012 Commission Meeting II. Action Items 1. 12-31 Environmental Management Commission (EMC) Approval (p 1) of Broad River Basin Hydrologic Model (DWR) Tom Fransen Attachment A – Broad River Basin Model Notice (p A1) Attachment B - Report Modeling the Broad River Basin Operations (pp B1-91) with OASIS April 2012 Attachment C - Summary Broad Model Approval (pp C1-2) 2. 12-32 Request to Proceed to Hearing on Revisions to New Source Review (pp 1-2) and Prevention of Significant Deterioration (PSD) Nitrogen Oxides (NOx) Significance Level for PM2.5 (512) and PM2.5 Increment (516) (DAQ) Patrick Knowlson Attachment A –Rule Summary (p A1) Attachment B - Proposed Rules (pp B1-11) Attachment C - Fiscal Note (pp C1-22) 3. 12-33 Request for 30-day Waiver and Request to Proceed to Hearing (p 1) on Revision of Volatile Organic Compound (VOC) Reasonably Available Control Technology (RACT) Rules Applicability (513) and Clarifications (511) (DAQ) Joelle Burleson Attachment A - 15A NCAC 02D .0902 Rules (pp A1-22) 4. 12-34 Request for Adoption of Hearing Officer’s Recommendations (p 1) on Proposed Changes to Groundwater Rules: 15A NCAC 02L .0113 -Variance and .0202 - Groundwater Standards (Dickson Phillips) Attachment A - Report of Proceedings 02L Rules (pp A1-337) 5. 12-35 Request for Waiver of 30 Day Rule and Approval to Proceed to (p 1) Public Notice with Proposed Rule Amendments to Phase II Stormwater Requirements in Accordance with (S.L.) 2011-220 (DWQ) Robert Patterson Attachment A – 15A NCAC 02H .0152 (pp A1-2) Attachment B - 15A NCAC 02H .1016 (PP B1-6) Attachment C - SL2011-220 (pp C1-2) 6. 12-36 Request approval of NCDOT's Jordan Lake New Development (p 1) Stormwater Management Program and Delegation of Further Approval Authority to the DWQ Director (DWQ) Jason Robinson Attachment A – NCDOT Green Program for New Development (pp A1-110) 7. 12-37 Request for Waiver of 30 day Rule and Approval to Proceed to (p 1) Public Notice and Hearing with Revisions to the Consolidated Buffer Mitigation Rules (15A NCAC 02B .0295) That Were Approved for Public Notice and Hearing by the EMC in the July 2012 Meeting and for the Proposed Repeal of Buffer Mitigation Rules for the Neuse River (15A NCAC 02B .0242), Catawba River (02B .0244), Randleman Lake (02B .0252), Tar-Pamlico River (02B .0260), Jordan Lake (02B .0268), and Goose Creek Watersheds (02B .0609) and Associated Fiscal Note (DWQ) Amy Chapman POWERPOINT PRESENTATION Attachment A - Buffer Mitigation Rules and Fiscal Analysis V 7.0 (pp A1-64) 8. 12-38 Request to Approve the Repeal of the Clean Water Bond Act (p 1) (01A NCAC 22 .0101-.0102, .0201-.0209, .0301-.0303, .0401- .0403, .0501-.0506, .0601-.0606, .0701-.0704, .0801-.0802, .0901-.0906, .1001-.1002, .1101-.1103) (DWQ) Gary Kreiser 9.12-39 Request for Adoption of Division of Water Quality (p 1) Recommendation for EMC Approval of 303(d) Assessment Methodologies (DWQ) Kathy Stecker Attachment A - All Comments (pp A1-34) Attachment B - Summary of Comments (pp B1-4) Attachment C - Draft 2014 Use Assessment Methods (pp C1-14) 10.12-40 Request for Declaratory Ruling Cape Fear River Watch, (p 1) Sierra Club, Waterkeeper Alliance, and Western North Carolina Alliance (AG) Jeannie Hauser (SELC) D. J. Gerken (for Petitioners) - POWERPOINT PRESENTATION (AG) Kathy Cooper/Don Laton (for DWQ) (Duke Energy) Charles Case Attachment A - Petitioner's Motion for Declaratory Ruling (pp A1-460) Attachment B - Request for Declaratory Ruling Supplement (pp B1-15) with enclosures Attachment C– Petitioner’s Memorandum in Support of (pp C1-15) December Ruling Attachment D – Motion to Intervene (pp D1-4) Attachment E – Memorandum Supporting Denial of the (pp E1-9) Request for Declaratory Ruling Attachment F – Petition for Declaratory Ruling Factual (pp F1-6) Stipulations Attachment G – DWQ Attachment No. 1 Facilities List (p G1) (an attachment to the Stipulations) Attachment H – Response of NCDENR, DWQ in Opposition (pp H1-9) to Petitioners’ Request for a Declaratory Ruling III. Information Items (THIS ITEM HAS BEEN REMOVED) 1. 12-15 Update on 2014 Water Quality Assessment Methodology (p 1) Kathy Stecker Attachment A - 2014 North Carolina Draft Assessment Methodology (pp A1-14) Attachment B - EPA Decision Document for NC 2012 303 (d) List (pp B1-47) 2. 12-16 Status of Triennial Review Fiscal Note (p 1) Connie Brower 3. 12-17 Status of NC’s Nutrient Criteria Development Plan (NCDP) (p 1) Development (DWQ) Dianne Reid 4. 12-18 Annual Update on Neuse & Tar-Pamlico Agricultural Rules (p 1) (DWQ) John Huisman Attachment A - 2012 Neuse CY2011 Annual Report BOC Final (pp A1-11) Attachment B - 2012 Tar-Pamlico CY2011 Annual Report BOC Final (pp B1-13) 5. 12-19 Status Report on the Study of Surface Water Quality Associated with (p 1) Swine Operations (DWQ) Keith Larick IV. Status Report by EMC Committee Chairmen a. Water Allocation Committee b. Water Quality Committee c. Groundwater Committee d. Air Quality Committee e. Steering Committee f. NPDES Committee g. Renewable Energy Committee V. Concluding Remarks By Commission Members By Directors By Counsel By Chairman Adjournment AG011-08-12
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N.C. Department of Environment and Natural Resources
1601 Mail Service Center, Raleigh,
NC
27699-1601
USA
Headquarters (Environment and Natural Resources Building):
217 W. Jones St.
Archdale Building:
512 N. Salisbury St.
Toll Free:
(877) 623-6748