Department of Environmental Quality Scott Bullock January 19, 2017 Department of Environmental Quality Scott Bullock

Request the Environmental Management Commission OVERVIEW Request the Environmental Management Commission For Approval of Hearing Officer’s Report and Adoption of Proposed Rule Change to 15A NCAC 02L .0507 Resulting from SL2015-286 Department of Environmental Quality

NEW STATUTORY REQUIREMENTS Section 4.7 (e)(1) b. of SL2015 286 added requirements for “off-site properties” Written consent to allow site specific risk- based clean-up Providing information to the off-site property owner Short clarification referring to the General Statute affected by the Session Law is needed

RULE CITATION: 15A NCAC 02L . 0507 15A NCAC 02L .0507 is proposed for amendment as follows: 15A NCAC 02L .0507 RECLASSIFICATION OF RISK LEVELS (a) The Department may reclassify the risk posed by a release if warranted by further information concerning the potential exposure of receptors to the discharge or release or upon receipt of new information concerning changed conditions at the site. After initial classification of the discharge or release, the Department may require limited assessment, interim corrective action, or other actions that the Department believes may result in a lower risk classification. It shall be a continuing obligation of each responsible party to notify the Department of any changes that may affect the level of risk assigned to a discharge or release by the Department if the change is known or should be known by the responsible party. Such changes may include changes in zoning of real property, use of real property, or the use of groundwater that has been contaminated or is expected to be contaminated by the discharge or release. (b) Remediation of sites with off-site migration shall be subject to the provisions of G.S. 143-215.104AA. (b) (c) If the risk posed by a discharge or release is determined by the Department to be high risk, the responsible party shall comply with the assessment and cleanup requirements of Rule .0106(c), (g), and (h) of this Subchapter. …

PUBLIC HEARING AND COMMENT PERIOD Rule change required by Session Law 2015-286 Amendment to Rule 15A NCAC 2L .0507 was published in the NC Register for comment on October 3, 2016. The public comment period was from October 3, 2016 to December 2, 2016. A public hearing was held in Raleigh, North Carolina on October 20, 2016, with the Winston-Salem Regional Office UST Supervisor, Ms. Carin Kromm, serving as the Hearing Officer. The Hearing Officer’s Report is provided as an attachment. No comments were received during the hearing nor during the public comment period.

FISCAL NOTE OSBM reviewed the proposed rule amendment on August 23, 2016 and determined that no fiscal note was required. The OSBM determination was presented at the September 8, 2016 Environmental Management Commission meeting.

The Division is asking that the EMC: Requests The Division is asking that the EMC: Approve the Hearing Officer’s Report, Adopt the proposed amendment to 15A NCAC 2L Section .0507

Scott Bullock, Corrective Action Branch Head Questions? Questions? Scott Bullock, Corrective Action Branch Head Division of Waste Management Underground Storage Tank Section scott.bullock@ncdenr.gov (919) 707-8298