InfoItem01_Presentation_02L-0100_Bolich

Eric Smith
May 12, 2021
Groundwater Rules (02L .0100)
Informational Item
•Re-Adoption required by SL-2013-413.
•Re-Adoption of 15A NCAC 02L Section .0100 –General Considerations
•These rules establish:
•groundwater policy (.0103)
•a temporary Restricted Designation (RS) where groundwater is not suitable for consumption (0.0104)
•corrective action required when groundwater quality standards have been exceeded (.0106)
•review and compliance boundaries for permitted waste disposal units (.0107 & .0108)
•groundwater monitoring requirements for waste disposal and clean-up (.0110)
•reporting requirements for corrective action (.0111)
•groundwater analytical procedures (.0112)
•establishes procedures for obtaining a variance from 2L .0100 Rules (.0113)
•notification requirements for groundwater corrective action activities (.0114)
02L .0100 Re-Adoption
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•Internal review by all affected Divisions completed.
•External review by interested parties completed (December 2020).
•Sent to standard DEQ stakeholder list including governmental councils, industry, environmental consultants, PE/PG/Soil Scientist Boards, and environmentalist groups.
•Only 3 entities commented (SELC, Clean Water for NC, and DWM UST Section).
•RRC pre-review completed (February 2021).
02L .0100 –Actions to Date
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•No Major Changes are Currently Proposed.
•Revisions are mostly reorganization.
•Moved the Monitoring and Reporting Requirements from .0106 to .0110 and .0111.
•Clarified the process of requesting, applying for, and
removing an RS (Restricted) designation.
02L .0100 Rules Re-Adoption
Proposed Changes
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02L .0100 Re-Adoption
•2L .0102 Definitions
•Added definitions for the following words for clarification:
Active remediation, Anthropogenic, Background threshold values, Chief Administrative Officer, Compliance zone, Constituent of interest, Control, Licensed soil scientist, Lower limit of quantitation, Method detection limit, Person, Secretary (to include their designee), Waste Disposal System (to help clarify the application of the Compliance Boundary)
•Added “waters of the State” to the definition for receptor.
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02L .0100 Re-Adoption
•2L .0104 Restricted Designation (RS)
•Clarified that the RS is a land use restriction rather than a groundwater classification. Only the Environmental Management Commission can designate groundwater classifications.
•Clarified what documentation would be required of an applicant.
•Specified that the designation is only for certain corrective action methods.
•Risk-based
•Areas of remaining contamination after approved termination of active corrective action
•Where a variance has been granted
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02L .0100 Re-Adoption
•2L .0106 Corrective Action
•Major reorganization but no substantial changes.
•Retitled to “Initial Response, Site Assessment, And Corrective Action” for clarification.
•Language reads more like a step-by-step process.
•Moved monitoring and reporting rules to .0110 and .0111.
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02L .0100 Re-Adoption
•2L .0107 Compliance Boundary
•Added that the compliance boundary shall remain in place for the duration of the permit. Currently, there is no specified timeframe for the termination of the compliance boundary. When the permit is rescinded or revoked, the compliance boundary goes away.
•Introduced the concept of compliance zone for certain rules (the area between the compliance boundary and the waste boundary). Helps define that area without having to make references to the “area within the compliance boundary.”
•Allowed multiple contiguous properties to be treated as a single property. Applied from General Statute 143-215.1(i).
•For potential violations within the compliance boundary, eliminated the exception for limestones within the Coastal Plain to make it general for all bedrock.
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02L .0100 Re-Adoption
•2L .0108 Review Boundary
•Specified that an exceedance of a Standard at the review boundary may require action.
•Provided specific items that the Director may consider for
requiring action.
Examples
•if the standards are exceeded by a very small margin,
•concentrations are trending downward, or
•for one-time exceedances
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02L .0100 Re-Adoption
•2L .0110 Monitoring
•Moved monitoring requirements from .0106 to this rule.
•Clarified that the Director may require additional monitoring of any constituent of interest (COI).
For example, monitoring for a COI that could result from a geochemical change in the groundwater due to the presence of the system.
•Added monitoring for surface water that has the potential to be impacted by groundwater.
•Clarified a timeframe for the termination of monitoring programs.
•If concentrations are at or below the standards for four consecutive quarters, the Director may issue a “No Further Action” letter depending on data trends.
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02L .0100 Re-Adoption
•2L .0111 Reports
•Moved reporting requirements from .0106 to this rule.
•Added some specific items to what is required in site
assessment reports and corrective action plans.
•These are items that are deemed necessary for complete and thorough reports.
•Allow for easier evaluation by DWR staff.
It should be noted that these items are generally provided by
consultants when preparing these reports although they are not
currently specified in the Rule.
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02L .0100 Re-Adoption
•2L .0112 Analytical Procedures
•Referred directly to 15A NCAC 02H .0805(a)(1) which is the rule for laboratory procedures, analytical methods, sample preservation, sample containers, and sample holding times.
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Action item Dates
Finalize Fiscal Note In Progress
RRC pre-review COMPLETE
GWWMC Approval to Proceed to EMC July 2021
EMC Approval to Proceed to Public Hearing September 2021
Public Hearings October 2021 -November 2021
Compile Hearing Officers Report (HOR)December 2021 -March 2022
EMC for Final Decision May 2022
RRC for Final Review June 2022 -Sept 2022
Effective Date for Rule November 2022
02L .0100 Re-Adoption Timelines
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Department of Environmental Quality
Contact Information:
Eric Smith
Groundwater Resources Section
NCDEQ Division of Water Resources
[phone]
[e-mail]
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