EMC Review of Groundwater Corrective Action and Compliance Boundary Rules EVAN KANE NC DIVISION OF WATER RESOURCES

Compliance Boundaries & Review Boundaries Waste Boundary Permitted before 12/30/83: C.B. 500 feet from waste boundary or at property boundary Permitted on or after 12/30/83: C.B. 250 feet from waste boundary or 50 feet within property boundary Septic Systems: at the property boundary Land Application rules (2T) establish some other variants

Compliance Boundary Rule: 15A NCAC 2L.0107

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

Corrective Action Rule: 15A NCAC 2L.0106 Not all permits are permits for the purposes of corrective action! Was it: ◦issued pursuant to G.S ? ◦originally issued after December 30, 1983? If no, it’s “non-permitted” for the purposes of the corrective action rule.

Corrective Action Rule: 15A NCAC 2L.0106 Requirements for “non-permitted” contamination: ◦immediately notify the Division of the activity that has resulted in the increase and the contaminant concentration levels; ◦take immediate action to eliminate the source or sources of contamination; ◦submit a report to the Director assessing the cause, significance and extent of the violation; and ◦implement an approved corrective action plan for restoration of groundwater quality.

Corrective Action Rule: 15A NCAC 2L.0106 Requirements for “permitted” contamination: ◦At or beyond the review boundary: ◦demonstrate that standards will be met at the compliance boundary OR ◦alter conditions or operations to prevent a violation at the compliance boundary ◦At or beyond a compliance boundary: ◦assess the cause, significance and extent of the violation ◦Implement a corrective action plan

EMC Review of CA & CB Rules EMC review directed by Coal Ash Management Act (SL ): ◦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

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.

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

Anticipated Rulemaking Schedule TaskTarget Date Fiscal analysisMarch 15, 2015 EMC Action item - send proposed rule to public commentMay 14, 2015 Next NC Register Filing deadlineMay 22, 2015 Publication & Begin Public Comment PeriodJune 15, 2015 Earliest Public HearingJune 30, 2015 End Public Comment PeriodAugust 14, 2015 Revise Proposed Rule & Draft HOROctober 1, 2015 EMC AdoptionNovember 18, 2015 RRC Filing DeadlineNovember 20, 2015 RRC meetingDecember 17, 2015 Earliest effective date of ruleJanuary 1, 2015

Questions/Discussion Evan Kane Supervisor, Groundwater Planning & Environmental Review Branch NC Division of Water Resources