North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter B - SURFACE WATER AND WETLAND STANDARDS › Section .0100 - PROCEDURES FOR ASSIGNMENT OF WATER QUALITY STANDARDS › Section 02B .0101 - GENERAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rules
				  contained in Sections .0100, .0200 and .0300 of this Subchapter, which pertain
				  to the series of classifications and water quality standards, shall be known as
				  the "Classifications and Water Quality Standards Applicable to the Surface
				  Waters and Wetlands of North Carolina."
(b) The Environmental Management Commission
				  (hereinafter referred to as the Commission), prior to classifying and assigning
				  standards of water quality to any waters of the State, shall proceed as
				  follows:
(1) The Commission, or its designee,
				  shall determine waters to be studied for the purpose of classification and
				  assignment of water quality standards on the basis of user requests, petitions,
				  or the identification of existing or attainable water uses, as defined by Rule
				  .0202 of this Subchapter, not presently included in the water
				  classification.
(2) In determining
				  the best usage of waters and assigning classifications of such waters, the
				  Commission shall consider the criteria specified in
				  G.S.
				  143-214.1(d). In determining
				  whether to revise a designated best usage for waters through a revision to the
				  classifications, the Commission shall follow the requirements of
				  40 CFR
				  131.10 which is incorporated by reference
				  including subsequent amendments and editions. A copy of the most current
				  version of the requirements is available free of charge at
https://www.govinfo.gov
.
(3) When revising the classification of
				  waters, the Division shall collect water quality data within the watershed for
				  those substances that require more stringent control than required by the
				  existing classification. However, such sampling may be limited to only those
				  parameters that are of concern. If the revision to classifications involves the
				  removal of a designated use, the Division shall conduct a use attainability
				  analysis as required by the provisions of
				  40 CFR
				  131.10.
(4) After studies of the identified waters to
				  obtain the data and information required for determining the revised
				  classification of the waters or segments of water are completed, the
				  Commission, or its designee, shall make a decision on whether to initiate
				  proceedings to modify the classifications and water quality standards of
				  identified waters.
(5) In the case
				  of a petition for classification and assignment of water quality standards
				  according to the requirements of
				  G.S.
				  150B-20 and
				  15A NCAC
				  02I .0500, the Director shall make a
				  preliminary recommendation on the appropriate classifications and water quality
				  standards of the identified waters on the basis of the study findings or
				  information included in the petition supporting the classification and
				  standards changes.
(6) The
				  Commission shall make a decision on whether to grant or deny a petition in
				  accordance with the provisions of
				  G.S.
				  150B-20 and
				  15A NCAC
				  02I .0500 based on the information included
				  in the petition and the recommendation of the Director.
(7) The chairman of the Commission shall give
				  due notice of public hearings regarding water quality classifications or
				  standards in accordance with the requirements of
				  40 CFR
				  131.20,
				  40 CFR 25.5,
				  G.S.
				  143-214.1 and
				  G.S.
				  150B-21.2 and shall appoint a hearing
				  officer(s) in consultation with the Director.
(8) After completion of a public hearing
				  regarding water quality classifications or standards, the hearing officer(s)
				  shall submit a report of the proceedings of the hearing to the Commission. The
				  hearing officer(s) shall include in the report a transcript or summary of
				  testimony presented at such public hearing, exhibits, a summary of information
				  from the stream studies conducted by the technical staff of the Commission, and
				  final recommendations as to classification of the designated waters and the
				  standards of water quality and best management practices to be applied to the
				  classifications recommended.
(9)
				  The Commission shall consider the provisions of
				  G.S.
				  143-214.1, the hearing record(s), and final
				  recommendation(s) of the hearing officer(s) before taking final action with
				  respect to the assignment of classifications and any applicable standards or
				  best management practices applicable as rule(s) to the waters under
				  consideration.
(10) The final
				  action of the Commission with respect to the assignment of classification with
				  its accompanying standards and best management practices shall contain the
				  Commission's conclusions relative to the various factors in
				  G.S.
				  143-214.1(d) and shall
				  include the class or classes to which such designated waters in the watershed
				  or watersheds shall be assigned on the basis of best usage in the interest of
				  the public.