Department of Environmental Quality Update on Readoption of 15A NCAC 02S November 9, 2016 Department of Environmental Quality

Update on Readoption of 15A NCAC 02S Dry-Cleaning Solvent Cleanup Fund Pete Doorn Superfund Section Division of Waste Management Jim Bateson Department of Environmental Quality

Dry-cleaning Solvent Cleanup Act of 1997 (§ 143-215.104) Program Summary Dry-cleaning Solvent Cleanup Act of 1997 (§ 143-215.104) establishes fund and a program to cleanup dry-cleaning solvent contamination and prevent releases authorizes commission to develop/enforce rules for managing the cleanup program and preventing releases 15A NCAC 02S: Rules and Criteria for the Administration of the Dry-cleaning Solvent Cleanup Fund Cleanup: voluntary, risk-based, state-lead, fund pays 98-99% of cleanup costs Compliance: minimum management practices, air quality, hazardous waste requirements, outreach Department of Environmental Quality

Rule Review Summary 15A NCAC 02S Dry-cleaning Rules 12 rules - Necessary with Substantive Public Interest 4 rules - Necessary without Substantive Public Interest EMC Approval of Initial Determination (July 2014) Public Comment Period (July-September 2014) EMC Approval of Final Determination (January 2015) Rule Review Commission Approval (February 2015) Administrative Procedures Oversight Approval (May 2015) Readoption (projected July 2018) Department of Environmental Quality

Rule Revisions & Stakeholders Compliance rule changes: Registration, solvent delivery certificate, spotting agents, decommissioning, and waste water treatment Clarify existing rules where needed Cleanup rule changes: Amend risk range for consistency Stakeholders: DEQ and Industry representatives Dry-cleaners (chlorinated and hydrocarbon solvents) Wholesale solvent suppliers Dry-cleaning equipment/solvent specialists (as needed) DEQ staff Department of Environmental Quality

Rule Readoption Schedule Rules Review Commission establishes readoption date in consultation with the agency (§ 150B-21.3A(d)) Projected Dates Action October 2016–March 2017 Stakeholder meetings April–May 2017 Internal review & RRC pre-review June–October 2017 Draft fiscal note November 2017 GW/WM Committee Agenda January 2018 EMC Agenda February–April 2018 Public Comment Period and Hearing April–May 2018 Prepare Hearing Officer’s report July 2018 EMC Readoption Department of Environmental Quality

Questions? peter.doorn@ncdenr.gov 919-707-8369 Department of Environmental Quality