EMC Review of Groundwater Corrective Action and Compliance Boundary Rules

EVAN KANE

NC DIVISION OF WATER RESOURCES

Compliance Boundaries & Review Boundaries

Waste Boundary

Permitted before 12/30/83: C.B. 500 feet from waste boundary or at property boundary

Permitted on or after 12/30/83: C.B. 250 feet from waste boundary or 50 feet within property boundary

Septic Systems: at the property boundary

Land Application rules (2T) establish some other variants

Compliance Boundary Rule: 15A NCAC 2L .0107

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

Corrective Action Rule:15A NCAC 2L .0106

Not all permits are permits for the purposes of corrective action!

Was it:◦ issued pursuant to G.S. 143-215.1?◦ originally issued after December 30, 1983?

If no, it’s “non-permitted” for the purposes of the corrective action rule.

Corrective Action Rule:15A NCAC 2L .0106

Requirements for “non-permitted” contamination:◦ immediately notify the Division of the activity that has resulted in the

increase and the contaminant concentration levels;◦ take immediate action to eliminate the source or sources of

contamination;◦ submit a report to the Director assessing the cause, significance and

extent of the violation; and◦ implement an approved corrective action plan for restoration of

groundwater quality.

Corrective Action Rule:15A NCAC 2L .0106

Requirements for “permitted” contamination:◦ At or beyond the review boundary:

◦ demonstrate that standards will be met at the compliance boundary OR ◦ alter conditions or operations to prevent a violation at the compliance

boundary◦ At or beyond a compliance boundary:

◦ assess the cause, significance and extent of the violation ◦ Implement a corrective action plan

EMC Review of CA & CB Rules

EMC review directed by Coal Ash Management Act (SL 2014-122):◦ 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, 2014

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.

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

Anticipated Rulemaking Schedule

Task Target Date

Fiscal analysis March 15, 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, 2015

Questions/Discussion Evan Kane Supervisor, Groundwater Planning & Environmental Review Branch

NC Division of Water Resources 919-807-6461 evan.kane@ncdenr.gov