Proposed Revisions to Groundwater Corrective Action Rule for EMC Review
The document outlines proposed revisions to the Groundwater Corrective Action Rule (15A NCAC 2L.0106) for Environmental Management Commission (EMC) review. Recommendations include clarifying terminology, compliance boundaries, non-permitted activities, and permit types. Two draft rule options are presented, with one retaining distinctions for older permitted sites and the other establishing three categories of corrective action. The public comment period options are also provided.
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Presentation Transcript
Request to Proceed to the EMC with Proposed Revisions to Groundwater Corrective Action Rule (15A NCAC 2L .0106) EVAN KANE DWR
EMC Review of CA & CB Rules EMC review directed by Coal Ash Management Act (SL 2014-122): Review the compliance boundary and corrective action provisions of 15A NCAC 2L for clarity and internal consistency Report the results to the Environmental Review Commission by December 1, 2014 Ad hoc committee formed to review rules
EMC Report on Review of 2L .0106 & 2L .0107 Clarity/consistency issues identified: Use of the terminology non-permitted for activities that have permits; Interpretation of immediate action to eliminate the source of contamination Applicability of a compliance boundary to non-permitted activities Omission of certain permit types from the definition of permitted activities under the corrective action rule Technical corrections and updates to reflect the current organizational structure of DENR. Permanent rulemaking recommended Draft rule text suggested
Rule Options 1. Draft Revisions Recommended in Report to ERC November 13, 2014 2. Alternative Revisions suggested by DENR staff
Rule Draft 1 (Revisions Recommended in Report to ERC) Retains non-permitted distinction for older permitted sites Clarifies immediate notification (24 hours) Relies on 2L .0106(f) instead of immediate action to eliminate source Clarifies that non-permitted sites must restore groundwater quality at or beyond the compliance boundary Makes other minor technical changes
Rule Draft 2 (Alternative revisions suggested by staff) Establishes three categories of corrective action: Non-permitted Permitted 12/30/83 or later Permitted prior to 12/30/83 Clarifies immediate notification (24 hours) Relies on 2L .0106(f) instead of immediate action to eliminate source Clarifies that non-permitted sites must restore groundwater quality at or beyond the compliance boundary Makes other minor technical changes
Public Comment Period Options Select one draft rule for public comment Take both alternatives to public comment
Draft Rulemaking Schedule Task Target Date Fiscal Note & Certification preparation March 15, 2015 OSBM review & approval of fiscal note and certification May 1, 2015 EMC Action item - send proposed rule to public comment May 14, 2015 Next NC Register Filing deadline May 22, 2015 Publication & Begin Public Comment Period June 15, 2015 Earliest Public Hearing June 30, 2015 End Public Comment Period August 14, 2015 Revise Proposed Rule & Draft HOR October 1, 2015 EMC Adoption November 18, 2015 RRC Filing Deadline November 20, 2015 RRC meeting December 17, 2015 Earliest effective date of rule January 1, 2015
