Rulemaking and Readoption of 15A NCAC 02T .1500 July 13, 2017 Environmental Management Commission Rulemaking and Readoption of 15A NCAC 02T .1500 Scott Bullock Division of Waste Management, UST Section
Overview The Division of Waste Management, UST Section is requesting approval from the Environmental Management Commission to Proceed to Public Comment and Hearing with 15A NCAC 02T Section .1500 Soil Remediation and Fiscal Note. The rules are proposed for readoption pursuant to G.S. 150B-21.3A. Proposed amendments are a result of stakeholder input indicating that, for closure of a soil remediation permitted facility, having a closure/cleanup based on a non-detection level of soil contamination is unreasonable. The Fiscal Note was approved by OSBM on May 11, 2017. Department of Environmental Quality
Background The treatment/remediation of petroleum contaminated soil that has been removed from the source area is treated/remediated in a Permitted Soil Remediation Facility regulated under 15A NCAC 02T Section .1500. The contaminated soil currently requires remediation/closure to the analysis based non-detection level which keeps getting lower as technology advances. It is more reasonable to use risk based levels that are protective of groundwater quality, human health, and the environment to avoid extensive and expensive analyses based on non-detection levels.
Reason for Rule Change Changing the closure/cleanup for soil to a risk-based closure/cleanup requirement requires rule changes to modify certain closure/cleanup requirements applicable to soil remediation permitting. This change will be protective of human health and the environment and will reduce costs to some stakeholders. This change affects 15A NCAC 02T .1502, .1505 and .1507. 15A NCAC 02T .1502, .1505, and .1507 are proposed for readoption with substantive changes to only require soil remediation to “soil-to-groundwater” or residential standards whichever is lower. 15A NCAC 02T .1501, .1503, .1504, and .1506 are proposed for readoption without substantive changes.
Action / Responsibility Schedule Action / Responsibility Date Request Approval to Proceed to the EMC for Public Comment / GWWMC May 10, 2017 Request Approval to Proceed to Public Comment / EMC July 13, 2017 Public Comment Period Aug 15 - Oct 16, 2017 Request Approval of Hearing Officer’s Report and Adoption of Rule/ EMC November 9, 2017 Submit to RRC November 20, 2017 RRC Review/Approval December 21, 2017 Proposed Effective Date January 1, 2018 Department of Environmental Quality
Requested Action The Division is requesting the Commission’s approval to proceed to public comment and hearing with 15A NCAC 02T .1500 with Proposed Changes and Fiscal Note.
Scott Bullock Corrective Action Branch Head Questions? Scott Bullock Corrective Action Branch Head Division of Waste Management Underground Storage Tank Section scott.bullock@ncdenr.gov (919) 707-8298