1. Department of Environmental Quality
Nutrient Management Framework Legislation S.L
August 5, NSAB
Department of Environmental Quality

2. Overview of Session Law
Falls & Jordan
Delays Further Implementation Steps in Falls / Jordan
Establishes Date for EMC to Begin Rules Readoption
Requires Several Studies
UNC Study of Management Strategies
In Situ Study
Offset Fee Study
Chesapeake Bay Program Credits for SW BMPs
Department of Environmental Quality

3. Delays Further Implementation of Falls & Jordan Rules
Section (b) (f) (h)
Jordan
Repeals previous 3-year Jordan Delay (S.L )
Delays further implementation steps until October 2019
Indefinitely prohibits local implementation of New D & ED
Falls
Delays further implementation steps until October 2022
Department of Environmental Quality

4. Delay of Further Implementation - Jordan
S.L
Rule
Implementation Dates Pre-S.L
Date w/ Repeal of 3 Year Delay (SL )
Post-S.L
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/ 2021
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

5. Delay of Further Implementation - Falls
S.L
Rule
Implementation Dates
Pre-S.L
Post-S.L
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

6. UNC Study of Management Strategies
Section (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 Nutrient Management Strategies in other States
Report to ERC: Jordan (Dec 2018) / Falls (Dec 2021)
Department of Environmental Quality

7. DEQ Study of In Situ Approaches (DWR lead)
In Situ Study
Section (e)
DEQ Study of In Situ Approaches (DWR lead)
Include Algaecide and Phosphorus-Locking Technologies
Evaluate Effectiveness Compared to NMS
Final Report to ERC March 2018
Department of Environmental Quality

8. Offset Fees Study (DMS Lead)
Section (g)
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 Due December 1, 2016
Department of Environmental Quality

9. Chesapeake Bay Program Stormwater BMP Credits
Section (i)
CBP Credits for Stormwater BMPs (DEMLR Lead)
Credit Stormwater BMPs at CBP Levels
Option to Make Case for Setting State-Specific Values
Report to ERC December 1, 2016
Department of Environmental Quality

10. EMC Begins Rule Readoption by March 2019
EMC Rule Making
Section (d)
EMC Begins Rule Readoption by March 2019
Convene Stakeholder Working Group by Dec 2016
Consider UNC Study Findings
Incorporate effective In Situ Strategies
Incorporate State-Specific BMP Values
Department of Environmental Quality

11. Stakeholder Workgroup
Next Steps
Stakeholder Workgroup
Sept: WQC Info Item – S.L Requirements
Aug - Oct: Identify Stakeholder Workgroup Members
Nov: EMC Approval of Workgroup
Dec: Convene via Conference Call
DWR to Provide Support on CBP & Offset Reports
Department of Environmental Quality

12. Feedback Requested from NSAB
Session Law Language
Any Differences in Interpretation?
UNC Study
Recommendations from the Board?
Nutrient Offset Study
Input on Value of DMS & Private Banks?
CBP Stormwater BMP Values
Value in State-Specific Numbers?
Interest in Providing Recommendation as a Body?
Department of Environmental Quality

13. QUESTIONS?
Department of Environmental Quality