1. Request Approval to Proceed to Public Notice on Proposed Amendments to 15A NCAC 2L .0106
Evan Kane
Division of Water Resources
Groundwater Planning & Environmental Review Branch

2. 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
Rule 15A NCAC 2L establishes requirements for corrective action for activities that result in groundwater contamination at levels in excess of the groundwater standards.

3. 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,
Ad hoc committee formed to review rules

4. 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.
Permanent rulemaking recommended
Draft rule text suggested

5. 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
Thanks for the opportunity. We, along with the EMC, are embarking on a very compressed rulemaking process, so educating stakeholders is very important to getting good feedback during the public comment period. Please think critically about this rule and provide us with your comments when the comment period opens.

6. Fiscal Analysis Clarification of rule - no economic impact
No fiscal note required nor certification from OSBM
Fiscal analysis to be published with rule text on DENR website per Executive Order 70

7. Draft Rulemaking Schedule
Task
Target Date
Groundwater & Waste Management Committee Approval
January 7, 2015
Fiscal Analysis sent to OSBM
April 9, 2015
EMC Action item - send proposed rule to public comment
May 14, 2015
Next NC Register Filing deadline
May 22, 2015
Publication & Begin Public Comment Period
June 15, 2015
Earliest Public Hearing
June 30, 2015
End Public Comment Period
August 14, 2015
Revise Proposed Rule & Draft HOR
October 1, 2015
EMC Adoption
November 18, 2015
RRC Filing Deadline
November 20, 2015
RRC meeting
December 17, 2015
Earliest effective date of rule
January 1, 2016

8. Discussion/Questions