1. Department of Environmental Quality
July 13, 2016
Department of Environmental Quality

2. ACTION TO BEGIN RULE CHANGE
Request to Proceed to Environmental Management Commission
For Public Comment and Hearing on Proposed Rule Change to Newly Adopted 15A NCAC 02L .0507
Resulting from SL
Department of Environmental Quality

3. By Sept of 2015 the rule making process was nearly complete
REASON FOR RULE CHANGE
Rule making process for 2L began in the spring of 2014 through the petition process
By Sept of 2015 the rule making process was nearly complete
SL enacted Sept Added requirements that affected this area of rules
2L Rules Effective March 1, 2016

4. NEW STATUTORY REQUIREMENTS
Section 4.7 (e)(1) b. of SL added requirements for “off-site properties”
Written consent to allow site specific risk- based clean-up
Providing information to the off-site property owner
Short clarification referring to the General Statute affected by the Session Law is needed

5. RULE CITATION: 15A NCAC 02L
15A NCAC 02L is proposed for amendment as follows:
15A NCAC 02L RECLASSIFICATION OF RISK LEVELS
(a) The Department may reclassify the risk posed by a release if warranted by further information concerning the potential exposure of receptors to the discharge or release or upon receipt of new information concerning changed conditions at the site. After initial classification of the discharge or release, the Department may require limited assessment, interim corrective action, or other actions that the Department believes may result in a lower risk classification. It shall be a continuing obligation of each responsible party to notify the Department of any changes that may affect the level of risk assigned to a discharge or release by the Department if the change is known or should be known by the responsible party. Such changes may include changes in zoning of real property, use of real property, or the use of groundwater that has been contaminated or is expected to be contaminated by the discharge or release.
(b) Remediation of sites with off-site migration shall be subject to the provisions of G.S AA.
(b) (c) If the risk posed by a discharge or release is determined by the Department to be high risk, the responsible party shall comply with the assessment and cleanup requirements of Rule .0106(c), (g), and (h) of this Subchapter. …