Department of Environmental Quality Nutrient Management Framework Legislation S.L. 2016-94 September- WQC Department of Environmental Quality

Comprehensive Nutrient Management Regulatory Framework Overview of S.L. 2016-94 Comprehensive Nutrient Management Regulatory Framework Ongoing Implementation - Impacts to Jordan UNC Evaluation of F/J Management Strategies Calls for Several Studies by Department Rules Readoption Directs EMC to Convene Stakeholder Group Revises Dates for EMC Rules Readoption Department of Environmental Quality

Implementation of Falls & Jordan Rules Section 14.13.(b) (f) (h) Jordan Repeals previous 3-year Jordan Delay (S.L. 2015-241) Indefinitely prohibits local implementation of New D & ED Prevents readoption of Jordan rules prior to October 2019 Falls Prevents readoption of Falls rules prior to October 2022 Department of Environmental Quality

UNC Study of Management Strategies Section 14.13.(c) UNC Chief Sustainability Officer to Designate Entity $500k / yr for six years DWR Liaison Objectives Review WQ Data Relative to J/F Rules Implementation Evaluate Cost / Benefits of Strategies in other States Report to ERC: Jordan (Dec 2018) / Falls (Dec 2021) Department of Environmental Quality

DEQ Study of In Situ Approaches (DWR lead) In Situ Study Section 14.13.(e) DEQ Study of In Situ Approaches (DWR lead) Include Algaecide and Phosphorus-Locking Technologies Evaluate Effectiveness Compared to NMS Interim Report ERC March 2017 / Final Report March 2018 Option for Implementing Trial Project Department of Environmental Quality

DEQ Offset Fees Study (DMS Lead) Section 14.13.(g) DEQ Offset Fees Study (DMS Lead) Evaluate Cost-Benefit of Setting Fees on Subbasin Basis Are Private Banks Adequate for Demand? Is DMS Service Needed? Report to ERC December 1, 2016 Department of Environmental Quality

Chesapeake Bay Program Stormwater BMP Credits Section 14.13.(i) DEQ Report on CBP Stormwater BMP Credits (DEMLR) Allow Credit for Stormwater BMPs at CBP Levels Report to ERC December 1, 2016 Identify Need for Setting State-Specific Values Incorporate State-Specific Values in Rulemaking Department of Environmental Quality

EMC to Convene Stakeholder Working Group by Dec 2016 EMC Rule Making Section 14.13.(d) EMC to Convene Stakeholder Working Group by Dec 2016 Representative of all users & geographic areas in river basin EMC to Begin Rule Readoption by March 2019 Consider UNC & Working Group Recommendations Incorporate effective In Situ Strategies Incorporate State-Specific BMP Values Department of Environmental Quality

Potential Stakeholder Working Group Candidates Organizations & Interested Parties* Nutrient Scientific Advisory Board NC Forestry Association Upper Neuse River Basin Association NC Cattlemen’s Association Jordan Local Governments NC Horse Council League of Municipalities NCDA - Division of Soil & Water Conservation Neuse & Cape Fear Downstream Users Farm Bureau Point Sources - Industrial Universities Point Sources - Municipal Environmental Interests NC Department of Transportation Home Builders Association DHHS – Onsite Wastewater Protection Branch *DWR Will work with Commission to Identify Working Group Members Department of Environmental Quality

QUESTIONS? Department of Environmental Quality

Slides in Reserve Slides in Reserve Department of Environmental Quality

Delay of Further Implementation - Jordan S.L. 2016-94 Rule Implementation Dates Pre-S.L. 2016-94 Date w/ Repeal of 3 Year Delay (SL 2015-241) Post-S.L. 2016-94 Implementation Dates New Development August 2020 August 2017 Readoption Existing Development Notification UNH – March 2020 LNH & Haw – March 2023 UNH – March 2017 LNH & Haw – March 2020 UNH - Readoption LNH & Haw – March 2020 Point Sources Compliance by 2022 / 2024 2019 / 2021 Readoption / 2021 Agriculture Compliance by 2021 /2024 2018 State & Federal New D NCDOT 2013 / Non-DOT 2012 Already Implemented State & Federal ED Buffers March 2011 Nutrient Management 2010 / 2012 Department of Environmental Quality

Delay of Further Implementation - Falls S.L. 2016-94 Rule Implementation Dates Pre-S.L. 2016-94 Post-S.L. 2016-94 New Development Implemented 2012 Existing Development Once Final Model Program Approved ~ 2017 Readoption Point Sources Stage I: Implemented 2016 Stage II Compliance: 2036 Stage II: 2036 Agriculture Stage I: Implemented 2013 Stage II Compliance 2036 Stage I: Implemented 2013 Stage II: 2036 State & Federal New D NCDOT & Non-DOT: Implemented 2011 Implemented 2011 State & Federal ED Buffers Already Implemented (Neuse NMS) Nutrient Management Already Implemented (Neuse NMS) Department of Environmental Quality

Timeline Summary Department of Environmental Quality S.L. 2014-94 Task Date Responsible Party Nutrient Offsets Study December 1, 2016 DMS CBP Stormwater BMP Values DEMLR Convene Stakeholder Working Group December 31, 2016 (EMC Approval of Working Group in November) EMC In Situ Study March 1, 2018 (Interim Report March 1, 2017) DWR Evaluate Nutrient Management Strategies Jordan: December 31, 2018 (Interim 2016 / 2017) Falls: December 31, 2021 (Interim Reports 2019 / 2020) UNC Begin Falls / Jordan Rules Readoption March 2019 Department of Environmental Quality