1. Department of Environmental Quality May 11, 2016

2. Jim Bateson Superfund Section Division of Waste Management 2 Department of Environmental Quality Regulatory Review of 15A NCAC 13C Inactive Hazardous Substance or Waste Disposal Sites

3. 3 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 Department of Environmental Quality

4. 4 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) Department of Environmental Quality

5. 5 Initial Determination Rule SectionInitial Determination.0100 - NoticeNecessary without substantive public interest.0200 - PrioritizationNecessary without substantive public interest.0300 – Voluntary Remedial Action Oversight by Registered Environmental Consultants Necessary with substantive public interest Department of Environmental Quality 15A NCAC 13C – Inactive Hazardous Substance or Waste Disposal Sites

6. 6 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 Department of Environmental Quality

7. 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)] 7 Department of Environmental Quality

8. 8 Schedule Action / ResponsibilityDate Initial Determinations / GWWMCMay 2016 Approve Determinations for Public Comment / EMC July 2016 Public Comment Period (60 days)July – September 2016 Update / GWWMCNovember 2016 Action to Approve Determinations / EMC January 2017 Report due to RRCMarch 2017 Final RRC ApprovalApril 2017 RRC Report Submittal to APOApril 2017 Commence Rulemaking to re-adopt rules in accordance with APA Department of Environmental Quality

9. 9 Questions? james.bateson@ncdenr.gov 919-707-8327 Department of Environmental Quality

10. 10 Department of Environmental Quality