Temporary Rulemaking for 15A NCAC 02L Section .0400 July 12, 2017 Groundwater and Waste Management Committee Temporary Rulemaking for 15A NCAC 02L Section .0400 Jared M. Edwards Division of Waste Management, UST Section

Action to Begin Rule Change Session Law 2017-57 Section 13.19 requires the EMC to adopt temporary rules implementing Section 14.16B of Session Law 2015-241 by October 1, 2017. Request a recommendation for the 30-Day Waiver to proceed to the Environmental Management Commission for Public Comment and Hearing on the proposed Temporary Rules for 15A NCAC 02L Section .0400. Department of Environmental Quality

Reason for Rule Change Section 14.16A of SL 2015-241 sunsets the Noncommercial Leaking Underground Storage Tank Trust Fund Section 14.16B modified the necessary response at Noncommercial UST releases, based on Department ‘Risk’ Determination Permanent Rulemaking for 2L .0400 is scheduled as part of 2L readoption starting in mid-2018.

New Statutory Requirements Per SL 2015-241 Section 14.16B(c): The Department shall determine the risk posed by a reported Noncommercial UST release before requiring any action by the tank owner Cleanup is only required at ‘High Risk’ Sites No Further Action is required if ‘Low Risk’

Rule Citation: 15A NCAC 02L .0400 The proposed amendments to 15A NCAC 02L .0400 under temporary rulemaking are as follows: 15A NCAC 02L .0404 REQUIRED INITIAL ABATEMENT ACTIONS BY RESPONSIBLE PARTY Existing .0404 language limited to Commercial UST releases Require Noncommercial UST release ‘Emergency’ responses Exempt ‘Low Risk’ Noncommercial USTs from Initial Abatement 15A NCAC 02L .0405 REQUIREMENTS FOR LIMITED SITE ASSESSMENT Existing .0405 language limited to Commercial UST releases Require Limited Site Assessment for Noncommercial UST release only where determined to present an unacceptable risk

Proposed amendments to 15A NCAC 02L .0400 (continued): Rule Citation: 15A NCAC 02L . 0400 Proposed amendments to 15A NCAC 02L .0400 (continued): 15A NCAC 02L .0406 DISCHARGE OR RELEASE CLASSIFICATIONS Define existing .0406 High, Intermediate, and Low Risk language as applying to Commercial UST releases Define High and Low Risk for Noncommercial Motor Fuel UST releases (matching Commercial UST releases) Define High and Low Risk for other Noncommercial UST releases (typically heating oil) based on a survey of risks posed by existing sites within the program

Rule Citation: 15A NCAC 02L . 0400 Proposed amendments to 15A NCAC 02L .0400 (continued): 15A NCAC 02L .0408 ASSESSMENT AND REMEDIATION PROCEDURES Existing .0408 language limited to Commercial UST releases Require assessment only at ‘High Risk’ Noncommercial UST releases Remove closure reporting requirement for ‘Low Risk’ Noncommercial UST releases 15A NCAC 02L .0409 NOTIFICATION REQUIREMENTS Reference proposed .0404(c) rule in .0409(b) for proper public notice when closing ‘Low Risk’ Noncommercial UST releases.

Schedule Steps of Process Temporary Rulemaking Request Recommendation of 30-Day Waiver and Approval to go to EMC from GWWMC July 12, 2017 EMC Request Approval to Proceed to Public Notice and Hearing (with Approval of 30-Day Waiver) July 13, 2017 Temporary Rule Submitted to OAH (also, Placed on Web and Sent to Interested Parties) July 14, 2017 Temporary Rule Published on OAH Website (Within 5 Business Days of Submission) July 21, 2017 Public Comment Period (15 Business Days for Temporary Rule) July 21 - August 11, 2017 Public Hearing (During Public Comment Period) July 31, 2017 EMC Adopts Temporary Rule (thereby meeting the October 1, 2017 adoption deadline) September 14, 2017 Submit to RRC September 15, 2017 RRC Review Meeting Date and Approval September 21, 2017 Proposed Effective Date and Entered into Code September 29, 2017 Rule Published in Register (Only for Temporary Rules) October 16, 2017 OSBM Fiscal Note (Not Required with Temporary Rules) * Before December 31, 2017* Permanent Rulemaking Scheduled for Readoption of 2L (Following the Periodic Review of Existing Rules for 2L due February 2018) ~ May 2018 * Session Law 2017-57 Section 13.19 also requires a report on the fiscal impact of the SL2015-241 rule change to the Fiscal Research Division and the Chairs of the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources no later than December 31, 2017.

Requested Action The Division is requesting a recommendation for the 30-Day Waiver to proceed to the Environmental Management Commission with public comment and hearing on the proposed Temporary Rules for 15A NCAC 02L .0404, .0405, .0406, .0408, and .0409.

Jared M. Edwards Hydrogeologist - Corrective Action Branch Questions? Jared M. Edwards Hydrogeologist - Corrective Action Branch Division of Waste Management Underground Storage Tank Section jared.edwards@ncdenr.gov (919) 707-8153