Presentation_15A_NCAC_02L_0202_Flaherty

Information on Proposing 15A NCAC 02L .0202 Revisions to Incorporate Interim Maximum Allowable Concentrations (IMACs)
Bridget Flaherty
Classifications and Standards/Rules Review Branch
Attachments Included
1.Interim Maximum Allowable Concentrations (IMACs) established under 15A NCAC 02L .0202
2.List of IMACs recommended for rulemaking, recommended to be withdrawn, and recommended to be retained
3.Detailed table of proposed groundwater standards
4.Example of Groundwater Standard Summary Document
5.Example of IMAC Calculation Worksheet
2
15A NCAC 02L Groundwater Standards
•15A NCAC 02L .0200 includes groundwater standards to protect
public health.
•Interim Maximum Allowable Concentrations (IMACs) may be established by the Director of DWR when no groundwater
standard has been established under the rule.
•A number of IMACs have been established by the Director to
protect and preserve the groundwaters as a resource.
3
Interim Maximum Allowable Concentrations
North Carolina IMACs
•Currently 60 IMACs are established by the Director(s).
•Most were requested by the Division of Waste Management (DWM) or an interested regulated party.
•Regulated sites are required to clean-up to a Practical Quantitation Level if no standard exists. IMACs serve a valued purpose to the
regulated community.
•DWR staff evaluate the need for an IMAC, and the appropriate protective level for the chemical of concern.
4
The IMAC Review Process
•Upon request, DWR staff reviews the toxicological research and literature for each chemical/constituent to document compliance with 15A NCAC 02L groundwater regulations.
•DWR internal reports prepared/reviewed by staff with recommendations or requests for additional information from the requestor, or from the resource.
•DWR submits prepared proposals to DWM and DHHS toxicology staff for concurrence and/or further discussion and comment.
•After determining the appropriate course of action –either ….
•A recommendation to the Director to adopt an IMAC is made, or
•A request for additional information from the applicant is required, or
•A request for assistance from the EPA is submitted.
5
North Carolina IMACs and Groundwater Standards *
IMACs Groundwater Standards
Time-frame Temporary Permanent
Regulatory Framework 15 NCAC 02L . 0202 15 NCAC 02L . 0202
Scientific Review Process DPH/DWM secondary review DPH/DWM secondary review
Public Comment No Yes
Public Hearing No Yes
Fiscal Analysis No Yes
Public Notification of Value Yes (NC Register and Website)Yes (NC Register and Rule)
Legally Enforceable Yes Yes
Approval Process Division of Water Resources
Director
Environmental Management
Commission
6
* IMAC = Interim Maximum Allowable Concentration
IMACs to Groundwater Standards Process
•DWR will proceed through rulemaking and public input processes in accordance with North Carolina General Statute (NCGS) 150B to revise and establish groundwater standards.
•Current IMACs are reviewed and recommended standards are updated as appropriate (based on available data).
•Fiscal note needed for all recommended standards.
•Work includes input from DWM and others
•Groundwater standards proposal presented to the Groundwater and Waste Management Committee of the EMC to commence with rulemaking.
7
Next Steps
•Recommending 48 IMACs to go to rulemaking
•2,6-Dinitrotoluene, Perfluorooctane sulfonic acid, and Strontium do not have established IMACs but have recommended standards
•4 IMACs will be recommended to be withdrawn, due to insufficient information
•Carbazole, Dichloroethene (mixed isomers), Dibenzofuran, Picramic acid
•4 IMACs will be retained, waiting on information from EPA
•Ammonia, tert-Butanol, Ethyl tert-butyl ether, Perchlorate
•9 IMACs need further review
8
Action Date
Information Item July GWWMC meeting
Fiscal Note for Proposed Standards ~6 months
Approval of Rule Text to go to EMC GWWMC meeting –March 2019
Approval of Rule Text/Fiscal Note to go
to Public Hearing/Comment Period
EMC –May 2019
Public Comment Period Mid-June to Mid-August 2019
EMC Approval Hearing Officer’s Report
and Rule Package
November 2019
OAH RRC Approval of Rule December 2019
Proposed effective date January 2020
Anticipated Timeline
9
10
Questions?
Bridget Flaherty
Groundwater Standards Coordinator
Water Planning Section
Division of Water Resources
[e-mail]
[phone]