DWQ seeks input on water standards rule revision

The Environmental Management Commission has approved the Division of Water Quality (DWQ) to proceed with rulemaking to revise the "Classifications and Water Quality Standards Applicable to Surface Waters and Wetlands of N.C." in Title 15A NCAC 2B .0200. Revision of these regulations is required under the Federal Clean Water Act to ensure that the regulations contain the most recent toxicological information.

Copies of the proposed rule revisions, with additional information and supporting documentation, can be located on the DWQ Web site at portal.ncdenr.org/web/wq/ps/csu/swtrirev.

N.C. General Statute 150B requires that economic impacts be identified and, if possible, quantified for parties that may be affected by changes to these surface water quality regulations. In this regard, DWQ is soliciting input on the costs and benefits of revising these standards.

Proposed changes to surface water quality standards include, but are not limited to:

• Modifications to aquatic life metals standards reflecting updates to the US EPA National Recommended Water Quality Criterion
• Change to dissolved metals water quality standards
• Addition of acute standards for metals
• Application of a statewide default hardness of 25 mg/l for hardness dependent metals
• Inclusions of metal specific formulas for hardness dependent metals
• Addition of language to address flow criterion for acute standards
• Proposed modifications to chlorophyll a standards for fresh and salt waters
• Modification of the standard for 2,4 D in Water Supply classified waters
• Other stylistic changes

DWQ is providing guidance to assist local governments in determining if they will be impacted by the rules, and if so, to what extent.

The guidance uses the proposed water quality metals standards to estimate waste load allocations for National Pollutant Discharge Elimination System (NPDES) permit limits and potential changes to Pretreatment Program Publicly Owned Treatment Works and their Industrial Users. Local governments could use this information to review available laboratory data to determine if the proposals would result in a revised permit limit and also evaluate impacts of a revised permit limit. To facilitate the evaluation process, DWQ advises that the Surface Water Protection Web site (portal.ncdenr.org/web/wq/swp/ps/npdes), which includes guidance and calculators, be accessed first. The Pretreatment Web site (portal.ncdenr.org/web/wq/swp/ps/pret) provides further details with respect to Pretreatment Program Publicly Owned Treatment Works and industrial users.

If you determine that the proposed changes to 15A NCAC 2B .0200 will impact your local government or one of its facilities, DWQ requests that you provide them with information on any additional costs to operations, or impacts other than increased costs, such as a cost reduction (if evaluation reveals it).

These proposed amendments are designed to protect and enhance North Carolina's valuable surface water resources for the citizen's of North Carolina and future generations. With this goal in mind, the DWQ is seeking information with respect to the benefits of maintaining and protecting the functional and aesthetic value of the state's surface waters. Any other economic benefits that can be identified should be submitted.

To allow for an in-depth analysis of costs and benefits by the DWQ, written responses must be received by Sept. 7.

If you have questions or need additional information with respect to these proposals, contact DWQ at (919) 807-6416, or e-mail State Standards Coordinator Connie Brower at Connie.Brower@ncdenr.gov.