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N.C. Department of Environment and Natural Resources

NC Department of Environment and Natural Resources
Environmental Management Commission - September 11, 2014

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

September 11, 2014
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.

Benne C. Hutson, Chairman, Presiding

I. Preliminary Matters

1. Call to Order
2. Swearing-in of Charles “Boots” Elam
3. Approval of minutes from July 10, 2014 and August 14, 2014 Commission Meetings

II. Action Items

1. 14-26 Request to Confirm Recommendation to Reappoint a Member to (p 1)
             the Water Pollution Control System Operators Certification Commission

             (DWR) Steve Reid

Attachment A – Secretary Skvarla’s Approval Memo (p A1)
Attachment B – Gale Howell Biographical Sketch (p B1)

 

2. 14-27 Request for 30-Day Waiver and to Proceed to Hearing on Clerical (p 1)
              Revision to 15A NCAC 02Q .0711 (526)
              (DAQ) Patrick Knowlson

Attachment A – Rule Summary (p A1)
Attachment B – Proposed Rule (pp B1-7)
Attachment C – Rule Impact Analysis (pp C1-10)

 

3. 14-28 Request for 30 day Waiver and to Proceed to Hearing on Temporary (pp 1-2)
             Amendments to Clarify Applicability of Prevention of Significant Deterioration
             (PSD) Rule for Greenhouse Gases and Title V Applicability Rule (528)

             (DAQ) Joelle Burleson

Attachment A– Proposed Rules (pp A1-5)
Attachment B – 6-23-2014 U.S. Supreme Court Decision Utility Air (pp B1-52)
   Regulatory Group (UARG) v. Environmental Protection Agency (EPA)
   (No. 12-1146)
Attachment C – 7-24-2014 EPA Memo on Next Steps (pp C1-6)

 

4. 14-29 Request for Approval to Submit Rules Review Report to the (pp 1-2)
             Rules Review Commission for Subchapters 02B, 02H, 02T, and
             02U in accordance with S.L. 2013-413 (HB74)

             (DWR) Jeff Manning 

Attachment A – 15A NCAC 02B Final Agency Report (pp A1-10)
Attachment B – 15A NCAC 02B Comments with Attachments (pp B1-31)
Attachment C - 15A NCAC 02H Final Agency Report (pp C1-8)
Attachment D - 15A NCAC 02H Comments with Attachments (pp D1-21)
Attachment E - 15A NCAC 02T 2T Final Agency Report (pp E1-7)
Attachment F - 15A NCAC 02T Comments with Attachments (pp F1-17)
Attachment G - 15A NCAC 02U Final Agency Report (pp G1-2)
Attachment H - 15A NCAC 02U Comments with Attachments (pp H1-20)
 

5. 14-30 EPA’s Partial Approval of North Carolina’s 2014 303(d) List and (p 1)
             Proposed Submission of Comments by the Commission and the
             Division of Water Resources

             (DWR) Kathy Stecker

POWERPOINT PRESENTATION

Attachment A – EPA's Decision Document (p A1)
Attachment B - EPA Added Waters (Map) (p B1)
Attachment C - Response to EPA 303(d) List Decision (pp C1-4)
 

 

6. 14-31 Request for the Approval of the Tar-Pamlico River Basin Hydrologic Model (p 1)
             
(DWR) Tom Fransen

POWERPOINT PRESENTATION

Attachment A – Tar-Pamlico River Basin Model
 

7. 14-32 Request for the Approval of the Roanoke River Basin Hydrologic Model (p 1)
             (DWR) Tom Fransen

POWERPPOINT PRESENTATION

Attachment A – Roanoke River Basin Model

 

8. 14-33 Request for the Approval of Cape Fear-Neuse River Basin Hydrologic Model ( p 1)
             (DWR) Tom Fransen

POWERPOINT PRESENTATION

Attachment ACape Fear - Neuse River Basin Model

 

(AG-34 HAS BEEN REMOVED FROM THE AGENDA)
(9. 14-34 Revisions to the Commission’s Internal Operating Procedures)
             (Counsel) Mary Lucasse

              Amended Bylaws

III. Information Items

1. 14-07 Update on Senate Bill 734 regarding Proposed Amendments to Stormwater (p 1)
              Rule 15A NCAC 02H .1002

              (Office of General Counsel) Jennifer Everett

 

2. 14-08 Legislation Enacted by the General Assembly Presentations

(Division of Air Quality) Mike Abraczinskas
           POWERPOINT PRESENTATION

(Division of Energy, Mineral and Land Resources) Tracy Davis
           Handout - DEMLR Highlighted 2013-2014 DENR Session Laws

(Division of Waste Management) Linda Culpepper
           POWERPOINT PRESENTATION

(Division of Water Resources) Jeff Manning
           Attachment A - DWR Bill Summary (8-21-14)

 

3. 14-09 Special Meeting September 30, 2014 to Act on Temporary Rule for
             Buffers

 

4. 14-10  Closed Session Pursuant to N.C.G.S § 143-318.11(a)(3) to Consult
              with its Attorney regarding Cape Fear River Watch, Sierra Club,
              Waterkeeper Alliance and Western North Carolina Alliance, v. NC EMC
              and Duke Energy Carolinas, LLC and Duke Energy Progress, Inc. filed
              in the North Carolina Court of Appeals, No. COA 14-708

              (Counsel) Mary Lucasse
 

IV. Concluding Remarks
          By Commission Members
          By Directors
          By Counsel
          By Chairman

Adjournment 09-11-14

 

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