Department of Environmental Quality November 9, 2016 Department of Environmental Quality

Division of Waste Management Regulatory Review of 15A NCAC 13C Inactive Hazardous Substance or Waste Disposal Sites Jim Bateson Superfund Section Division of Waste Management Jim Bateson Department of Environmental Quality

Rules Review Required Session Law 2013-413 requires existing rules be reviewed through G.S. 150B-21.3A Environmental Management Commission (EMC) is authority for 15A NCAC 13C 13C – Groundwater and Waste Management Committee (GWWMC) 15A NCAC 13C - Rules established for Inactive Hazardous Substance or Waste Disposal Sites Session law in 2013 required all state rules be reviewed. Environmental Management Committee is the agency with authority for rule review regarding 15A NCAC 13C Groundwater and Waste Management Committee has to give approval of the 13C rules to go before the EMC 13C includes the rules for the Inactive Hazardous Sites Program – the rules established for Inactive Hazardous Substance or Waste Disposal Sites. Department of Environmental Quality

Summary of 13C Rules 15A NCAC 13C covers a total of 15 rules 15A NCAC 13C .0100, Notice (2 rules) 15A NCAC 13C .0200, Prioritization System (5 rules) 15A NCAC 13C .0300, Voluntary Remedial Action Oversight by Registered Environmental Consultants (8 rules) A total of 15 rules exist in 13C Section .0100 includes 2 rules established for notification of sites and public notification of remedial action plans Section .0200 includes 5 rules for prioritization of site actions Section .0300 includes 8 rules for the Registered Environmental Consultant Program – more information will be provided in a moment Department of Environmental Quality

Initial Determination 15A NCAC 13C – Inactive Hazardous Substance or Waste Disposal Sites Rule Section Initial Determination .0100 - Notice Necessary without substantive public interest .0200 - Prioritization .0300 – Voluntary Remedial Action Oversight by Registered Environmental Consultants Necessary with substantive public interest The first 2 rule sections (.0100 & .0200) have been determined to be necessary without substantive public interest. The rule section for voluntary remedial action oversight by Registered Environmental Consultants (.0300) are necessary with substantive public interest Department of Environmental Quality

Registered Environmental Consultant Program Overview The Registered Environmental Consultant (REC) Program established a mechanism for privatizing the cleanup oversight for lower-risk hazardous sites DEQ approves firms meeting certain qualifications to conduct and certify cleanup actions in place of state oversight Qualified RECs use their own professional judgement to direct and approve cleanup activities in accordance with the REC rules REC Program was created in 1997 DEQ approves firms meeting certain qualifications to both conduct and certify cleanup actions in place of state oversight Qualified RECs use their professional judgement to direct and approve the cleanup in accordance with the REC rules Department of Environmental Quality

Some Areas of Potential REC Rule Changes Allow Departmental authority to grant extensions to remedial action milestones/deadlines [.0302(h)] Provide clarification regarding areas of contamination that must be investigated [.0306(e)] Specify the levels to which contaminated media must be delineated [.0306(f)] Some of the noteworthy potential REC rule changes having potential public interest: Add provisions that allow extensions to regulatory deadlines under certain circumstances Provide clarification to the text that only known or suspected areas of contamination need to be investigated. Clarify to what degree the extent of contamination needs to be delineated. Department of Environmental Quality

Public Comment Public Comment Period (60 Days): July 15, 2016 - September 20, 2016 Six public comments were given All comments given agreed with the categories of determination or the Agency Determination All comments given were in support of the rules 60 day public comment period took place from July 15 to September 20 6 comments were received and all agreed with the Agency Determination and supported the rules. Department of Environmental Quality

Initial Determination Final Recommendation 15A NCAC 13C – Inactive Hazardous Substance or Waste Disposal Sites Rule Section Initial Determination .0100 - Notice Necessary without substantive public interest .0200 - Prioritization .0300 – Voluntary Remedial Action Oversight by Registered Environmental Consultants Necessary with substantive public interest The final recommendations is that rules .0100 and .0200 are necessary without substantive interest and rule .0300 is necessary with substantive interest. Department of Environmental Quality

Action / Responsibility Schedule Action / Responsibility Date Initial Determinations / GWWMC May 2016 Approve Determinations for Public Comment / EMC July 2016 Public Comment Period (60 days) July – September 2016 Update / GWWMC November 2016 Action to Approve Determinations / EMC January 2017 Report due to RRC March 2017 Final RRC Approval April 2017 Report Becomes Effective Following APO Consultation June 2017 Commence Rulemaking to re-adopt rules in accordance with APA GWWMC – Groundwater and Waste Management Committee RRC – Rules Review Committee APO - Administrative Procedure Oversight Committee APA - Department of Environmental Quality

Questions? james.bateson@ncdenr.gov 919-707-8327 Department of Environmental Quality

Department of Environmental Quality