Water Resources Update Water Quality Workshop April 1, 2015.

Water Resources Update

Water Quality WorkshopApril 1, 2015

Overview• DWR Reorganization• 2015 Prioritieso Triennial Review Updateo Nutrient Criteria Development Plano E-DMR UpdateoWater Availability / Hydrologic Modelingo Integrated Water Quality – Water Quantity Planning

• Implementing Recent Legislationo Rules Review Under HB 74o Coal Ash

Reorganization of DWR & DWQ• DWR consolidated with old DWQ on August 1, 2013• Total personnel:

August 1, 2013 497 positions July 1, 2014 428 positions January 1, 2015 440 positions

• Personnel distribution: Central Office Asheville Reg. Office Washington Reg. Office Fayetteville Reg. Office Mooresville Reg. Office Raleigh Reg. Office Wilmington Reg. Office Winston-Salem Reg. Office

Division of Water Resources

2015 PrioritiesTriennial Review Update

• Adoption of dissolved metals criterion– Represents more toxic fraction– Less conservative than current use of total metals

• Hardness-dependent metals equation– Allow use of median hardness to calculate permit limits– Provides greater flexibility– Permittees benefit from localized, site-specific adjustments

• Addition of acute standards– Clarity in our assessments of impaired waters

Triennial Review Update

• Addition of streamlined site-specific criteria– Use of Water Effects Ratio

• Retain action level for copper, silver, and zinc• Eliminate manganese standard from WS-I – WS-V Rules• Retain existing chlorophyll a standard

Triennial Review Schedule

• November 2014 – Hearing Officer’s Report to EMC• Late 2014 – Early 2015 – Rules Review Commission• 2015 – State Adoption• Package to EPA for Approval

Nutrient Criteria Development Plan

• NC & EPA reached “mutual agreement” on exisiting nutrient plan in June 2014o Plan includes milestones through 2025

• Does not commit NC to developing one standard for all of NC for nitrogen and phosphorouso Allows NC to develop standards regionally

• Standards developed through o Stakeholder processo Advice from a Science Advisory Council (SAC) o Advice from a Criteria Implementation Committee (CIC)

Nutrient Criteria Development Plan

• Process begins on 3 representative waterbody typeso High Rock Lake (Lakes & Reservoirs)o Central portion of the Cape Fear (Rivers & Streams)o Albemarle Sound (Estuaries & Sounds)

• Waters with existing nutrient strategies will not be revisited under this plan

EPA’s Proposed Electronic Reporting RulePublished July 30, 2013

• Requires entities to submit reports electronically • EPA anticipates issuing the final rule in early 2015• Two-Phase Implementation Plan: electronically report

o DMR data 1-year after rule’s effective dateo Other required reports 2-years after rule’s effective date

• Entities report to DWR if >90% participation is achieved• DWR’s eDMR Participation Rate:

o 1st QTR 2014 = 0.7%o 2nd QTR 2014 = 7.6%o 3rd QTR 2014 = 9.3%

Basin Hydrologic Models

Model Year Completed Shortage?

Broad 2011 None

Tar 2011 None

Catawba 2014 Under Review

Roanoke 2013 None

Cape Fear - Neuse combined 2013 Raleigh

Yadkin Pee Dee, Lumber 2015 N/A

French Broad, Hiwassee, Little Tennessee, Watauga 2016 N/A

Albemarle Sound, Chowan, New, Onslow Bay, Savannah 2017 N/A

Shortages are based on the projected demands and new alternatives as supplied in the local water supply plans. DWR staff for this analysis has not made a determination if the projections are reasonable or the likelihood that an alternative is practical.

1997 2002 2007 2008 2009 2010 2011 2012 20130

50

100

150

200

250

300

350

400

450

Ten Largest Public Water SystemsAverage Daily Water Use per Connection

Residential Use per Residential Connection Use per Connection

Ga

llon

s p

er

Da

y

Is NC Prepared for the Next Drought?• NC Drought Management Advisory Council

o Improve coordination, provide accurate and consistent information, based on technical data to address varying conditions in designated areas

• Water Use During Drought Ruleso Minimize harmful impacts of drought by establishing

min. standards and practices for water use• Water Shortage Response Planning

o Establishes authority for declaration of a water shortage, defines different stages and outlines appropriate responses for each stage

o DWR approved 550 of 561 WSRPs13

Integrated Water Quality & Quantity Planning

• Knowing the location and quantity of North Carolina’s surface and groundwater resources, as contrasted with surface and groundwater quality, will aid the state in applying best conservation management practices at a local, regional and state level.

• The integrated approach helps logically bridge the work of other DWR Sections with each other so that water resources evaluation and assessment within North Carolina is much, much more seamless, and water resource operations more efficient.

• The new relationship between water quality and NPDES facilities and water quantity and NPDES facilities, will expedite consideration of water reuse applications as part of a comprehensive water resources conservation package.

• This integration provides DWR end users with “better, faster, cheaper” data and answers to water resources questions, and will help to establish North Carolina’s water security which will only help the state’s economy grow.

Implementing Recent Legislation• Rules Review Under HB 74• Coal Ash

o Executive Order 62 and SL 2014-122

Rule Citation

Rule Title Initial Determination

15A NCAC 02B

Surface Water and Wetland Standards

Necessary with substantive public interest

15A NCAC 02H

Procedures for Permits: Approvals

Necessary with substantive public interest

15A NCAC 02T

Waste Not Discharged to Surface Waters

Necessary with substantive public interest

15A NCAC 02U

Reclaimed Water Necessary with substantive public interest

15A NCAC 18D

Water Treatment Facility Operators

Comment Period 9/18/2014 to 11/23/2014Necessary with and (some) w/o substantive public interest

15A NCAC 08

Water Pollution Control System Operators Certification Commission

Comment Period 7/15/2014 to 9/25/2014Necessary with and (some) w/o substantive public interest

RULES REVIEW STATUS:• EMC Approved reports on

2B, 2H, 2T, 2U (Sep 2014)

• Rules Review Commission (Oct 16, 2014)

• Joint Legislative Administrative Procedure Oversight Committee (for 60 days following Oct RRC), then FINAL.

• Rule Drafting (now).

• Stakeholder meetings (early 2015).

• Rule Re-adoptions (begin in 2015). Follow APA process.

Coal Ash

• Executive Order 62 and SL 2014-122 (Coal Ash Management Act) provided direction regarding DENR’s response to coal ash

• Approximately 107,889,000 million tons of coal ash exist *Annual Coal Ash Report to the General Assembly October 1, 2014

• Located in 32 ash ponds at 14 facilities• DENR required to develop proposed prioritization list

by December 2015

Coal Ash – Current Deadlines

• Groundwater assessment plans due for all facilities by Sept 26 – All plans received and approved

• Receptor survey due October 1 – Completedo Wells within 1000 ft radius sampled

• Plan to identify new seeps due October 1 - Completed

• Request for modification of NPDES Permits due Oct 31• Excavation Plans due Nov 15 (completed) for:

o Riverbend Asheville SuttonDan River

• Development of proposed prioritization list by December 2015

Coal Ash Permitting

• Modification of NPDES Permits for all 14 coal ash facilities – underwayo Public hearings scheduled for April 8, 2015 - James

Warner Citizen Center, 115 W. Main St., Lincolnton, N.C

o AllenoMarshallo Riverbend

Coal Ash Reuse

• Green Meadow, LLC and Charah, Inc. applied to DENR in the fall to take coal ash and reuse the ash to reclaim open-pit clay mines

• Locations are near Moncure (Brickhaven Mine in Chatham County) and a second site in Sanford (Colon Mine in Lee County).

• Coal Ash Reuse Public Hearing – Sanfordo April 13 - Dennis A. Wicker Civic Center, 1801 Nash

St., Sanford • Coal Ash Reuse Public Hearing - Pittsboro

o April 16 - Chatham County Historic Courthouse, 40 East Chatham St., Pittsboro

Contact Information

S. Jay ZimmermanDirector, NC Division of Water Resources

[email protected]

22