EMC Review of Groundwater Corrective Action and Compliance Boundary Rules EVAN KANE NC DIVISION OF...
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Transcript of EMC Review of Groundwater Corrective Action and Compliance Boundary Rules EVAN KANE NC DIVISION OF...
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
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 [email protected]