Request Approval to Proceed to Public Notice on Proposed Amendments to 15A NCAC 2L .0106 Evan Kane Division of Water Resources Groundwater Planning & Environmental Review Branch

Corrective Action Rule: 15A NCAC 2L .0106 Establishes default cleanup requirements for groundwater contamination Immediate abatement Assessment Remediation Provides options for Active remediation Natural attenuation Remediation not to alternative standards Rule 15A NCAC 2L .0106 establishes requirements for corrective action for activities that result in groundwater contamination at levels in excess of the groundwater standards.

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

Proposed Rule Revision 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 permitted activities must restore groundwater quality at or beyond the compliance boundary Other minor technical changes Thanks for the opportunity. We, along with the EMC, are embarking on a very compressed rulemaking process, so educating stakeholders is very important to getting good feedback during the public comment period. Please think critically about this rule and provide us with your comments when the comment period opens.

Fiscal Analysis Clarification of rule - no economic impact No fiscal note required nor certification from OSBM Fiscal analysis to be published with rule text on DENR website per Executive Order 70

Draft Rulemaking Schedule Task Target Date Groundwater & Waste Management Committee Approval January 7, 2015 Fiscal Analysis sent to OSBM April 9, 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, 2016

Discussion/Questions