1. Department of Environmental Quality
Regulatory Review of 15A NCAC 13C Inactive Hazardous Substance or Waste Disposal Sites
July 14, 2016
Department of Environmental Quality

2. Division of Waste Management
Jim Bateson
Superfund Section
Division of Waste Management
Jim Bateson
Department of Environmental Quality

3. Rules Review Required
Session Law 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

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)
A total of 15 rules exist in 13C
Section includes 2 rules established for notification of sites and public notification of remedial action plans
Section includes 5 rules for prioritization of site actions
Section includes 8 rules for the Registered Environmental Consultant Program – more information will be provided in a moment
Department of Environmental Quality

5. Initial Determination
15A NCAC 13C – Inactive Hazardous Substance or Waste Disposal Sites
Rule Section
Initial Determination
Notice
Necessary without substantive public interest
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

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
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

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)]
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

8. 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
RRC Report Submittal to APO
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

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

10. Department of Environmental Quality