1. Temporary Rulemaking for 15A NCAC 02L Section .0400
July 12, 2017 Groundwater and Waste Management Committee
Temporary Rulemaking for 15A NCAC 02L Section .0400
Jared M. Edwards
Division of Waste Management, UST Section

2. Action to Begin Rule Change
Session Law Section requires the EMC to adopt temporary rules implementing Section 14.16B of Session Law by October 1, 2017.
Request a recommendation for the 30-Day Waiver to proceed to the Environmental Management Commission for Public Comment and Hearing on the proposed Temporary Rules for 15A NCAC 02L Section
Department of Environmental Quality

3. Reason for Rule Change
Section 14.16A of SL sunsets the Noncommercial Leaking Underground Storage Tank Trust Fund
Section 14.16B modified the necessary response at Noncommercial UST releases, based on Department ‘Risk’ Determination
Permanent Rulemaking for 2L is scheduled as part of 2L readoption starting in mid-2018.

4. New Statutory Requirements
Per SL Section 14.16B(c):
The Department shall determine the risk posed by a reported Noncommercial UST release before requiring any action by the tank owner
Cleanup is only required at ‘High Risk’ Sites
No Further Action is required if ‘Low Risk’

5. Rule Citation: 15A NCAC 02L .0400
The proposed amendments to 15A NCAC 02L under temporary rulemaking are as follows:
15A NCAC 02L REQUIRED INITIAL ABATEMENT ACTIONS BY RESPONSIBLE PARTY
Existing language limited to Commercial UST releases
Require Noncommercial UST release ‘Emergency’ responses
Exempt ‘Low Risk’ Noncommercial USTs from Initial Abatement
15A NCAC 02L REQUIREMENTS FOR LIMITED SITE ASSESSMENT
Existing language limited to Commercial UST releases
Require Limited Site Assessment for Noncommercial UST release only where determined to present an unacceptable risk

6. Proposed amendments to 15A NCAC 02L .0400 (continued):
Rule Citation: 15A NCAC 02L
Proposed amendments to 15A NCAC 02L (continued):
15A NCAC 02L DISCHARGE OR RELEASE CLASSIFICATIONS
Define existing High, Intermediate, and Low Risk language as applying to Commercial UST releases
Define High and Low Risk for Noncommercial Motor Fuel UST releases (matching Commercial UST releases)
Define High and Low Risk for other Noncommercial UST releases (typically heating oil) based on a survey of risks posed by existing sites within the program

7. Rule Citation: 15A NCAC 02L
Proposed amendments to 15A NCAC 02L (continued):
15A NCAC 02L ASSESSMENT AND REMEDIATION PROCEDURES
Existing language limited to Commercial UST releases
Require assessment only at ‘High Risk’ Noncommercial UST releases
Remove closure reporting requirement for ‘Low Risk’ Noncommercial UST releases
15A NCAC 02L NOTIFICATION REQUIREMENTS
Reference proposed .0404(c) rule in .0409(b) for proper public notice when closing ‘Low Risk’ Noncommercial UST releases.

8. Schedule Steps of Process Temporary Rulemaking
Request Recommendation of 30-Day Waiver and Approval to go to EMC from GWWMC
July 12, 2017
EMC Request Approval to Proceed to Public Notice and Hearing (with Approval of 30-Day Waiver)
July 13, 2017
Temporary Rule Submitted to OAH (also, Placed on Web and Sent to Interested Parties)
July 14, 2017
Temporary Rule Published on OAH Website (Within 5 Business Days of Submission)
July 21, 2017
Public Comment Period (15 Business Days for Temporary Rule)
July 21 - August 11, 2017
Public Hearing (During Public Comment Period)
July 31, 2017
EMC Adopts Temporary Rule (thereby meeting the October 1, 2017 adoption deadline)
September 14, 2017
Submit to RRC
September 15, 2017
RRC Review Meeting Date and Approval
September 21, 2017
Proposed Effective Date and Entered into Code
September 29, 2017
Rule Published in Register (Only for Temporary Rules)
October 16, 2017
OSBM Fiscal Note (Not Required with Temporary Rules) *
Before December 31, 2017*
Permanent Rulemaking Scheduled for Readoption of 2L (Following the Periodic Review of Existing Rules for 2L due February 2018)
~ May 2018
* Session Law Section also requires a report on the fiscal impact of the SL rule change to the Fiscal Research Division and the Chairs of the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources no later than December 31, 2017.

9. Requested Action
The Division is requesting a recommendation for the 30-Day Waiver to proceed to the Environmental Management Commission with public comment and hearing on the proposed Temporary Rules for 15A NCAC 02L .0404, .0405, .0406, , and

10. Jared M. Edwards Hydrogeologist - Corrective Action Branch
Questions?
Jared M. Edwards
Hydrogeologist - Corrective Action Branch
Division of Waste Management
Underground Storage Tank Section
(919)